The Immigration and Refugee Protection Regulations (IRPR) dictate two separate provisions in relating to religious work:
• Labour market impact assessment (LMIA) exemption (code C50) – paragraph R205(d)
• Work permit exemption for religious leaders – paragraph R186(l)
In some cases, a Foreign National may be eligible under both sections and may choose which one to apply under. Regardless, work of a religious nature typically involves the foreign national being part of, or sharing, the beliefs of the particular religious community where they will work, or having the ability to teach or share religious beliefs, as required by the employer.
LMIA EXEMPT UNDER PARAGRAPH R205(D) FOR RELIGIOUS WORK (EXEMPTION CODE C50)
Paragraph R205(d) applies to foreign nationals whose work in Canada is of a religious nature. The foreign national must have an LMIA-exempt offer of employment number as part of their application.
ELIGIBILITY REQUIREMENTS:
To determine whether an applicant is eligible under paragraph R205(d), officers must assess if the work (not the organization) is of religious nature.
The primary duties of the temporary worker should reflect a particular religious objective. For example, the worker may be expected to:
• provide religious instruction;
• promote a particular faith;
• advance the spiritual teachings of a religious faith; and
• maintain the doctrines and spiritual observances on which those teachings are based.
Simply being employed by a Canadian religious organization is not sufficient proof to meet the requirements for LMIA exemption under paragraph R205(d). For example, the work of an administrator or office manager in a religious organization is generally not considered to be of a religious nature. Similarly, clerical duties, accounting, gardening, etc. are not considered work of a religious nature, even if performed for a religious organization.
RELIGIOUS LEADERS WHO ARE WORK PERMIT EXEMPT UNDER PARAGRAPH R186(L)
Some religious workers have the flexibility to work in Canada without a work permit under paragraph R186(l) if they meet the requirements.
MAIN DUTIES:
Paragraph R186(l) applies to persons who are responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are as follows:
• preach doctrine;
• perform functions related to gatherings of the congregation or group;
• provide spiritual counselling, either as an ordained minister or a member of a religious order; and
• Other duties such as: conduct of regular religious services; administration of rites of faiths such as marriages and funerals; prayer and the promotion of spirituality by delivering sermons and other religious talks; provision of spiritual and moral guidance to members of a religious faith.
EXAMPLE TITLES:
Archbishop, Bishop, Cardinal, Chaplain, Evangelist, Granthi, Imam, Minister, Pastor, Priest, Rabbi and more.
At NPZ, our U.S. and Canadian Immigration Law Specialists seek to assist clients with regard to employment and family immigration issues. If you or your friends or family should have any questions, please feel free to contact us at info@visaserve.com or you can call our offices at 201-670-0006 (X100). We look forward to being able to assist you.