In many situations, Canada allows foreign workers who have reached a certain stage of processing of their permanent residence applications, to seek an open work permit, typically referred to as a ‘Bridging Open Work Permit’ (BOWP). Recognizing that renewing their prior ‘regular’ (closed/employer specific) work permit may have some unnecessary hurdles by the time the person is virtually a permanent resident, and given the time frames involved, the government has provided this mechanism. (Issues involved in renewing the prior closed work permit may include the need to secure a new Labour Market Impact Assessment (LMIA), the reaching of a time cap relating to certain work permit categories, and other considerations.)
Though the idea is similar, there is a unique parallel kind of work permit available to PR applicants through the Quebec immigration system. The authority to allow for a work permit for particular Quebec permanent residence applicants is found under LMIA Exemption Code ‘A75’. Note that this is an employer-specific (not open) work permit, but it is still based on the concept that the Quebec-based foreign worker is near completion of his/her PR process, and will be allowed to work without needing to go back to the legal category of his/her original work permit. To be eligible, the foreign worker must have an offer from a Quebec employer, and must be residing in Quebec and authorized to work in Quebec. He/she must also have a CSQ (a selection certificate for the Quebec PR process; with an appropriate selection category) or be in the post-CSQ federal PR application process.
The federal government has recently clarified a number of issues for such work permits. The most notable issue is that that such A75 applications MUST be made through the inland/online processing system, and may NOT be made at a port of entry. This is based on the rationale that applicants must be physically in Canada as temporary residents, in order to qualify for the work permit. (The government also clarified that entrepreneurs and self-employed applicants are not eligible under A75; and should consider other categories such as entrepreneurial allowances under LMIA Exemption Code C11.)
As such, Quebec-based foreign workers who have a CSQ or are in the post-CSQ federal PR process, seeking an A75 based employer-specific work permit should ensure that they do so through proper channels, and notably, should not seek to secure such a work permit at a port of entry.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.