Work permit with significant benefits C-10

Most applicants for work permits in Canada will generally require their potential employer to first obtain a positive or neutral labor market impact assessment (“LMA”).LMIA“) before applying for their work permit. This is an arduous process that typically requires the potential employer to conduct recruitment, pay a $1,000.00 processing fee, a mandatory interview, and uncertainty for a period of weeks to months.

However, there are several exemptions to the LMIA requirement. One of these exemptions concerns cases where the entry of the potential foreign worker would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents. These work permits are generally called significant benefits work permits or C-10 work permits.

Legislation

Regulation 205(a) of Immigration and Refugee Protection Regulations (IRPR) States:

A work permit may be issued under section 200 to a foreign national who intends to perform work that:

(a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents

Advice

The IRCC website further states that “circumstances sometimes present officers with situations where an LMIA is not available and there is no specific exemption category, but the balance of practical considerations would indicate that work from abroad would be a significant advantage for Canada. , economically, socially or culturally. Paragraph R205(a) aims to give an agent the flexibility to react in these situations.

Definitions

Visa officers may determine that a work permit application meets the requirements of paragraph R205a) if they are satisfied that the work of a foreign national will benefit or provide opportunities to Canadians or permanent residents socially, culturally or economically.

Important includes, but is not limited to, an assessment of how the foreign national’s work will provide

• general economic support for Canada (such as job creation, development in a regional or remote context or the expansion of export markets for Canadian products and services);
• the advancement of a Canadian industry (such as technological development, product or service innovation or opportunities to improve the skills of Canadians);
• increased health and well-being, that is to say the physical and mental health of society, on a pan-Canadian or regional scale; Or
• increased tolerance, knowledge or opportunities to gather with others of similar culture.

Economic benefit considerations

Economic benefits are benefits that would contribute to the growth, expansion or continuity of the business and that provide tax advantages and enable the competitive advantage of Canada’s business community.

There should be documented evidence that the work of the foreign national will provide significant economic benefit to Canada by

• prevent disruption to the employment of Canadians or permanent residents;
• leverage their considerable work experience in negotiating and concluding commercial transactions that would benefit the Canadian economy;
• advance Canadian industry through market expansion, job creation and product or service innovation;
• prevent disruption of a major Canadian event with implications for jobs or growth;
• create employment or training opportunities for Canadian citizens, persons registered as Indians under the Indian Act or permanent residents;
• stimulate the economy in remote regions; Or
• etc.

When assessing social or cultural benefits, officers must determine whether the person’s presence in Canada is essential to an event and whether the circumstances made their entry into Canada urgent.

Benefits Considerations

For there to be a social benefit, the foreign national’s work will provide significant external benefits to other third parties not directly involved in the transaction.

This could be evidence that the foreign national’s work will contribute to

• address threats to the health and safety of Canadians or permanent residents;
• promote the enhancement of a community’s image and pride and stimulate local investment in heritage resources and amenities that support tourism services;
• develop products that will help improve environmental considerations; And
• strengthen social inclusion in communities

Cultural Benefit Considerations

According to the IRCC website, culture is defined in the Canadian framework for cultural statistics such as creative artistic activity and the goods and services it produces, and the preservation of heritage. In addition to its intrinsic value, culture brings important social and economic benefits. Through improved learning and health, increased tolerance, and opportunities to meet others, culture improves our quality of life and increases the general well-being of individuals and communities.

This could be evidence that the foreign national’s work will bring significant cultural benefit to Canada because it

• have been the recipient of national or international awards or patents;
• are a member of an organization that demands excellence from its members;
• have been a member of a peer review committee or authority responsible for judging the work of others;
• have been recognized for their significant achievements and contributions in their field by their peers, government organizations, or professional or trade associations;
• have made scientific or scholarly contributions in their field;
• have publications in academic or industrial publications;
• have played a leading role within an organization with a distinguished reputation; Or
• are renowned for their artistic and cultural efforts.

Officers’ Notes

Visa officers must enter or review the following information in the global case management system before approving the work permit:

• A rationale and details for the application of paragraph R205(a). This should not be a copy and paste from the IRCC website;
• The functions (are they aligned with the important benefit and the profession?);
• Job requirements? Are there specific requirements that match the benefit? Proof of cultural status, experience necessary to benefit from the service, etc.
• Minimum training requirements? – Are the training requirements consistent with the significant benefit stated in the job posting? The client’s education may have some influence on whether the client meets the job requirements; however, its relative weight may be less if their professional experience is sufficient.
• Other Required Training – The employer may list specialized training as a requirement.
• Provincial/federal certification, license or registration. Documented evidence must be provided with the application; however, some professions may require the foreign national to take an examination after entering Canada, for example to obtain a license from a regulated body or a first aid certificate.

Here are examples of cases where Immigration, Refugees and Citizenship Canada (“IRCC«) approved or refused applications for C-10 work permits. I note that these are not my cases, because it is not my habit to publish my own files on this blog. These were rather obtained thanks to a Access to Information Act request.

It is important to note that even if the policy only addresses economic, social and cultural benefits, it is not uncommon for other benefits to be considered. In this approval, for example, IRCC took into account the ecological benefits to Canada of admitting a foreign worker.

Case law

In Vujovic v. Canada (Citizenship and Immigration)2023 CF 930Madam Justice McDonald ruled that it was unreasonable for a visa officer not to consider issuing a significant benefits work permit if an applicant requests it as an alternative LMIA exemption code.

In Sedghi v. Canada (Citizenship and Immigration)2023 CF 1601Madam Justice McVeigh concluded that visa officers must consider all benefits listed in the application as potentially constituting a significant benefit to Canada.