Immigration, Refugees and Citizenship Canada (IRCC) publishes program delivery instructions concerning reciprocal employment under paragraph 205(b) of the Immigration and Refugee Protection Regulations (IRPR), commonly associated with administrative code C20.
The current C20 guidance no longer contains language that previously stated that a foreign national had to be employed by the company abroad before the application was submitted. The underlying requirement to establish reciprocal employment, however, remains. The provided material identifies the specific language that was removed from the guidance.
What Is the C20 Reciprocal Employment Category?
Paragraph 205(b) of the IRPR provides that a work permit may be issued under section 200 to a foreign national who intends to perform work that would create or maintain reciprocal employment for Canadian citizens or permanent residents of Canada in other countries.
Under the current IRCC guidance reproduced in the provided material, an applicant must have an offer of employment that would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries.
The employer should indicate how reciprocity exists in the offer of employment, and the applicant should provide evidence demonstrating how they meet the requirements of the category.
Reciprocity does not have to occur directly between two countries. For example, the guidance states that a multinational company can demonstrate that it creates or maintains similar opportunities for Canadians at different offices around the world.
What Language Is No Longer in the Guidance?
Previous guidance stated that a foreign national had to be currently employed by the company abroad for the company to demonstrate reciprocity and use the C20 code. It also stated that an employer-employee relationship had to exist in the organization abroad before the application was submitted. That language is identified as having been removed in the provided material.
IRCC stated previously that the requirement for reciprocal employment meant that the foreign national was employed by the foreign company before being rotated to Canada. IRCC also stated that, unlike the intra-company transferee category, there was no specific term of employment required with the foreign company.
What Evidence of Reciprocity Is Required?
Evidence of reciprocal employment continues to be required. The guidance states that officers should be satisfied that they have the information needed to make an assessment.
Evidence of reciprocity may be indicated in an exchange agreement, a letter from the receiving Canadian institution, an offer of employment that provides evidence of reciprocity or, for cultural agreements, a letter from the appropriate governing body included with the application.
If necessary, an officer may request documents or data to verify reciprocal employment volumes. The guidance states that bona fide evidence of reciprocity will allow the officer to issue a work permit.
What Does This Mean for Employers and Applicants?
The removal of the previous wording should not be interpreted as eliminating the requirement for reciprocal employment.
What can be established from the material is that the current guidance reproduced there no longer expressly states that a foreign national must already be employed by the company abroad before the application is submitted. It does not establish that every new hire will qualify for a C20 work permit.
Applicants and employers must still demonstrate that the proposed work would create or maintain reciprocal employment opportunities for Canadian citizens or permanent residents abroad, as required by paragraph 205(b) of the IRPR.
Conclusion
The current C20 guidance no longer contains the previous express wording requiring employment with the company abroad before an application is submitted. However, the requirement to establish reciprocal employment remains.
Employers and foreign nationals considering this LMIA-exempt work permit category should carefully assess whether their circumstances and supporting evidence satisfy the applicable requirements.
Contact Jain Immigration Law
If you have questions about C20 reciprocal employment, LMIA-exempt work permits or other Canadian immigration matters, Jain Immigration Law can assist you in understanding the applicable requirements and your options.
Contact us to schedule a consultation with a member of our immigration law team.
Jain Immigration Law
Phone: +1 (416) 548-5533
Email: [email protected]
Website: www.jainimmigrationlaw.com