Regulation 205(b) of the Immigration and Refugee Safety Rules present that:
205 – A piece allow could also be issued beneath part 200 to a international nationwide who intends to carry out work that
(b) would create or preserve reciprocal employment of Canadian residents or everlasting residents of Canada in different international locations.
Immigration, Refugees and Citizenship Canada (“IRCC”) accordingly has a Labour Market Influence Evaluation Affirmation Exemption Code C-20 which permits international staff to take up employment in Canada when Canadians have comparable reciprocal alternatives overseas.
As per the IRCC web site, entry beneath reciprocal provisions ought to lead to a impartial labour market impression.
This provision additionally permits for admission of staff the place reciprocity is demonstrated by the Canadian employer (or particular program administrator).
The IRCC web site additional states:
This could possibly be indicated within the alternate settlement between the Canadian and international events, a letter from the receiving Canadian establishment, the work contract (if it supplies proof of reciprocity) and, if mandatory, the officer can request paperwork and/or information to allow verification of reciprocal employment volumes. Bona fide proof of reciprocity will permit the officer to situation a piece allow.
It’s not mandatory that there be precise reciprocity (i.e. one for one alternate), however the basic order of magnitude of exchanges must be fairly comparable on an annual foundation. In assessing reciprocity, one would think about the relative quantity and proportion. For instance, for exchanges involving bigger numbers of international nationals (e.g. better than 25), officers might require the next minimal proportion of Canadians employed overseas to international nationals employed in Canada (e.g. at the very least 75%) than for smaller exchanges.
When the entities concerned don’t have any historical past of conducting reciprocal exchanges with Canada, it’s affordable to initially restrict work permits to a small variety of people and that subsequent work permits be issued solely when reciprocity has been demonstrated. When organizations have a demonstrated historical past of reciprocal exchanges, they might be permitted some flexibility within the circulate of alternate on an annual foundation, so long as they’re able to display that the exchanges are comparable over an inexpensive time period (e.g. 5 years), there’s a basic impartial impression on the labour market.
In assessing reciprocity, officers can think about not solely the variety of people working in Canada and overseas, but in addition employment period and job stage.
If proof of reciprocity just isn’t offered to the satisfaction of the officer, the work allow could also be refused, or the applicant could also be notified that an LMO should be obtained for additional consideration of a piece allow.
Inner Q&A
One query that occassionally will get requested is whether or not a C-20 applicant should relocate to Canada or whether or not they can journey to Canada on an intermittent foundation? The reply is that they will journey to Canada on an intermittent foundation.
Inner E-mails
C-20
