Bridging Open Work Permits (BOWP) & Open Work Permits – What Happens If Your PR Application Is Refused?

Ever wondered about the validity of your work permit? Let’s break it down:

Imagine this—you’ve submitted an inland spousal sponsorship application and received your Acknowledgment of Receipt. Alongside it, you apply for an open work permit while your permanent residence application is in progress. Typically, this permit is issued for one to two years.

But then, the unexpected happens—your spousal sponsorship application is refused. Now what? What does this mean for your open work permit? Does it remain valid, or are you at risk of losing your status?

Let’s explore the legal framework under the Immigration and Refugee Protection Regulations (IRPR):

When Does a Work Permit Become Invalid or Cancelled?

1. Expiry or Cancellation (IRPR 209)

A work permit becomes invalid when it expires or is cancelled under sections 209.01, 209.02, or 243.2 of the IRPR.

2. Cancellation Due to Administrative Error (IRPR 209.01)

An officer may cancel a work permit if they determine it was issued due to an administrative error.

3. Cancellation Upon Permanent Residence (IRPR 209.02)

A work permit is automatically cancelled if:

• (a) The foreign national becomes a permanent resident; or

• (b) The foreign national is deceased.

4. Cancellation Due to an Enforceable Removal Order (IRPR 243.2)

If a removal order against the foreign national becomes enforceable, the following documents are cancelled:

• (a) Work permit

• (b) Study permit

What Does This Mean for You?

If your PR application is refused, your work permit may still remain valid—unless it is subject to cancellation under the above regulations. However, if a removal order is issued and becomes enforceable, your work permit will be automatically cancelled.

Understanding these rules can help you plan your next steps and explore potential options to maintain your legal status in Canada.

About the Author: Lauren Shannan is a Senior Immigration Consultant with over 10 years of experience helping foreign nationals navigate their journey in Canada. With her extensive knowledge of immigration processes and policies, Lauren provides valuable insights to those looking to make Canada their new home.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized advice, please consult with a licensed immigration professional.