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On December 15, 2012, Citizenship and Immigration Canada (CIC) issued an Operational Bulletin outlining how certain foreign nationals working in Canada who are nearing the end of the permanent residency process may qualify for a Bridging Open Work Permit. Pursuant to subsection 205(a) of the Immigration and Refugee Protection Act (IRPA) this applies to foreign nationals whose employment will result in significant benefits to Canada.
CIC has recognized that many foreign nationals who have submitted applications for permanent residents and otherwise meet the program eligibility requirements, nevertheless faced difficulty in maintaining their ability to work in Canada because their work permits expired before a final decision on their applications for permanent residence were made. This is particularly difficult where applicants obtained their work permits pursuant to a Labour Market Opinion (LMO) issued by Human Resources and Skills Development Canada (HRSDC), which typically requires an employer to conduct certain mandatory minimum advertising and recruiting efforts.
So as to allow foreign workers to maintain their status and continue working in Canada while they await the finalization of their applications under the Federal Skilled Worker Program (FSWP), the Canadian Experience Class (CEC), the Provincial Nominee Program (PPNP) or the Federal Skilled Trades Program (FSTP), CIC will now consider the issuance of a Bridging Open Work Permit valid for a period of one year from the date of issuance in the following circumstances:
- The foreign national is currently in Canada;
- He/she has valid status on a work permit that is due to expire within four (4) months;
- He/she has received confirmation from CIC that his/her permanent resident application is eligible under one of the four economic classes listed above, namely FSWP, CEC, PNP or the FSTP; and
- He/she has made an application for an open work permit.
This is an extremely positive development for both foreign nationals and their employers and helps to ensure Canada's international competitiveness when it comes to attracting and retaining the best and the brightest. Not only can employers employ foreign nationals with the confidence that they will be able to continue in their roles until they obtain status as permanent residents, it also increases efficiencies for HRSDC in that it no longer must consider LMO requests from employers desperately trying to preserve their employees' ability to work in Canada.
Footnote
1. The author wishes to thank Nick McAlister, articling student, for his assistance in preparing this article.
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