By Mathew Wilton, Barrister & Solicitor
There are many objectives which the government of Canada pursues when implementing pathways for individuals to immigrate to Canada, either on a permanent or temporary basis. Included in these objectives is the desire to enrich and strengthen the social and cultural fabric of Canadian society. One way in which the government has sought to achieve this objective is through the implementation of specific measures to provide religious workers with the opportunity to work in Canada to strengthen their religious communities.
If you are a religious worker looking to come to Canada on a temporary basis, these pathways may be available to you:
LMIA-Exempt Work Permit for Religious Work:
Many individuals seeking to work in Canada on a temporary basis require a positive Labour Market Impact Assessment (LMIA) from their Canadian employer. For religious workers, there is an option to apply for a work permit without the requirement for their employer to obtain an LMIA.
To assess if an individual is eligible for this LMIA-exempt work permit, IRCC must be satisfied that the work the religious worker is seeking to do in Canada is of a religious nature. This means that the primary duties of the job must be for a religious objective.
For example:
· Provide religious instruction;
· Promote a particular faith;
· Advance the spiritual teachings of a religious faith;
· Maintain the doctrines and spiritual observances on which teachings are based.
It is important to note that simply working for a religious organization does not qualify you for this work permit (e.g. as an administrator, accountant etc.). Rather the specific work that is conducted needs to be for a religious purpose.
Ability for Religious Leaders to Work without a Work Permit:
In certain circumstances, IRCC also permits religious leaders to work in Canada without obtaining a work permit. This is a narrow pathway for religious workers to work in Canada which only applies to specific religious leaders. Where an individual does not meet the criteria to work without a work permit, but their job duties are still of a religious nature, they may be eligible for the LMIA-Exempt work permit as detailed above.
For a religious leader to work in Canada without a work permit, their main duties must assist a congregation or group in achieving its spiritual goals through:
· Preaching doctrine;
· Performing functions related to gatherings of the congregation or group; or
· Providing spiritual counseling, either as an ordained minister or member of a religious order.
Other duties may include conducting regular religious services; administering rites of faith such as marriages and funerals; prayer and the promotion of spirituality by delivering sermons and other religious talks; and the provision of spiritual and moral guidance to member of a religious faith.
Documentary evidence demonstrating the religious nature of the denomination that seeks to employ the religious leader; as well as evidence that demonstrates the religious leader’s qualifications to perform the religious work are assessed when determining if a religious leader is able to work without a work permit.
Religious leaders looking to work in Canada without a work permit can seek a Visitor Record upon their arrival to Canada, noting that they are exempt from requiring a work permit.
Permanent pathways to remain in Canada:
While there are multiple pathways for obtaining Permanent Residence in Canada, a religious workers employment in Canada may count as skilled work under Canada’s Express Entry system. Skilled work, for the purpose of the Express Entry system, is work that is classified by Employment and Social Development Canada as being in TEER 0,1,2 or 3. The work experience of a religious leader may be classified as TEER 1, while the work experience of other religious workers may be classified as TEER 2.
While there are other criteria that must be met for Canada’s Express Entry system, it is important to note that an individual can gain points in this system for a job offer associated with work they have done on an LMIA-exempt work permit. Therefore, though a religious leader may be qualified to work in Canada without a work permit, it may be advantageous for them to still seek an LMIA-exempt work permit (as detailed above) if they are looking to apply for Permanent Residence through Express Entry.
If you are a religious worker or an employer seeking to hire a religious worker and are interested in discussing the pathways available for temporary or permanent residence, please contact us. You can book a consultation by sending an email to reception@migrationlawgroup.com or by calling (416) 203-2899 ext. 30.