Lowe & Company has a long history of working with churches and other religious organizations. We have been honoured to speak at the National Conference for the Canadian Council of Christian Charities, publish articles on immigration/citizenship issues for foreign religious workers, guide many pastors and missionaries through the process of establishing a Canadian-based ministry, and helping these ministries bring in the right people for the mission. We understand this unique line of work
Work Permit Exemptions
Immigration Regulation 186(L) allows a foreign national to work in Canada without a work permit when the main duties are “spiritual”. Immigration Regulation 186(l) reads:
186. A foreign national may work in Canada without a work permit… (l) as a person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group or provide spiritual counselling;
This has three components:
“Assisting a congregation or group“
“In the achievement of its spiritual goals“
“Whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group or provide spiritual counselling”
An evangelist like Billy Graham, for example, would rely on this exemption for a week-long crusade, as would an overseas pastor serving a two-year term in a local church. The religious worker is entitled to be paid for work which falls within this exemption.
Obtaining proper documentation under this exemption is important, as it may allow the worker to qualify for medical insurance, to access free public schooling for children, and to obtain a spousal work permit. A spousal work permit may be integral for qualifying for immigration as it is now difficult to obtain immigration under a work permit exemption.
We have assisted clergymen from many countries to work in Canada, including the USA, China, Korea, the UK, Singapore, Malaysia, Egypt, Nigeria and many others.
Work Permit Options
Foreign Nationals who intend to work in a charitable organization performing other “non-spiritual” duties will usually require a work permit. There are several ways to obtain one, including:
Labour Market Impact Assessment (“LMIA”):
A Canadian employer can apply to Service Canada for a LMIA stating that the position offered to a foreign worker would not have a negative effect on the Canadian labour market. The foreign national employee can then apply for a work permit for that position.
Religious and Charitable Workers Exemption:
Immigration Regulation 205(d) reads: “A work permit may be issued under section 200 to a foreign national who intends to perform work that…(d) is of a religious or charitable nature.”
The duties performed by the individual must be of a charitable or religious nature that helps to relieve poverty, or benefit the community, educational or religious institutions.
In the past, Canada Immigration had taken the position that R 205(d) workers could not be paid, except for a small stipend, limiting the usefulness of this provision. In early 2015, our firm had successfully challenged this interpretation in Federal Court, which was instrumental in Canada Immigration changing their Immigration Manuals to reflect the ability of these workers to be paid.
Intra-Company Transferees:
A work permit can be obtained for a foreign religious or charitable group wanting to:
establish a Canadian branch,
transfer a senior executive, senior manager, or person with specialized knowledge to an existing Canadian branch.
The transferee must have worked with the foreign branch for at least one year in the previous three years. This provision is very useful for parachurch organizations, Christian denominations, or other groups transferring administrative personnel to Canada.
North American Free Trade Agreement (“NAFTA”):
For American or Mexican citizens, some professionals, such as Accountants, Management Consultants, and others can also qualify for a NAFTA-based work permit. This allows the Canadian employer to avoid having to advertise the position and minimum salary requirements commonly found with other work permits. This is a useful tool for ministries that often cannot afford market wages for professionals.
Provincial Nominee Programs (“PNP”):
Most provinces, such as BC, Alberta, Ontario and others, have a Provincial Nominee Program whereby employers can apply to the province to nominate a foreign national for permanent residence. While their permanent residence application is in process, we can usually obtain a work permit. While this program is not specifically targeted towards religious workers, we have been able to successfully process PNP cases for religious workers in some provinces, and this is a good option for some situations.
These options are useful, even if a work permit exemption exists, as certain work permits can assist the foreign religious worker and their families in permanent immigration.
Permanent Residence Options
Religious Workers will have several options to apply for Permanent Residence for themselves and their families, including the Federal Skilled Worker Program, the Canadian Experience Class, and for some provinces, the Provincial Nominee Programs.
With a Work Permit issued pursuant to an LMIA, R 205(d), an Intra Company Transferee or under NAFTA, one can obtain 50 points under the Comprehensive Ranking System for Express Entry, which may be just enough to be selected under that program.
Societies and Charitable Organizations
Societies are non-profit organizations that may be incorporated in order to exist independently from their members. Societies may not necessarily be Charitable Organizations. Charitable Organizations are given charitable status through a lengthy and detailed approval process with the Canada Revenue Agency (“CRA”). They must have a mandate to relieve poverty, advance education, advance religion or benefit the community. The CRA has a list of all Canadian charities in good standing available through their website at http://www.cra-arc.gc.ca/chrts-gvng/lstngs/menu-eng.html.
Society incorporation and charitable status application/maintenance are additional services that Lowe & Company offers.
No comments:
Post a Comment