Can a foreign national obtain an LMIA-exempt work permit for religious work in Canada under IRPR paragraph 205(d), IMP code C50?
Yes. A foreign national may be eligible for an LMIA-exempt, employer-specific work permit for religious work under IRPR paragraph R205(d), IMP code C50, if they have a genuine offer of employment that identifies duties of a religious nature and they provide evidence of their education and experience. IRCC and CBSA officers assess whether the work itself is religious in nature, not merely whether the employer is a religious organization.
The duties should reflect a religious objective, such as providing religious instruction, promoting a faith, advancing spiritual teachings, or maintaining doctrines and spiritual observances. Administrative, clerical, accounting, gardening, or office management duties generally do not qualify simply because they are performed for a religious organization. The officer may also consider the NOC, job title, wages, duties, education requirements, training, room and board, and whether the employer’s need for the position is reasonable.
In most IMP cases, the employer must submit an offer of employment through the Employer Portal and pay the employer compliance fee, unless a fee exemption applies. For unremunerated religious work, the worker may be exempt from the work permit processing fee if they receive no remuneration other than a living-expense stipend below the applicable minimum wage or non-monetary benefits such as accommodation and health care. If that worker is fee-exempt, the employer may also be exempt from the employer compliance fee, but must still provide proof and remain subject to the employer compliance regime.
Source: IRCC, “Religious work – [R205(d) – C50] – Canadian interests – International Mobility Program”: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/religious-work.html
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