Foreign Religious and Charitable Workers

Work Permits and Exemptions

Foreign religious and charitable workers coming to Canada generally fall into two categories: those who are performing "spiritual" duties, and those who are performing "non-spiritual" duties, such as administrative tasks or charitable work.

Religious Workers Performing Spiritual Duties

Religious Workers Performing Non-Spiritual Duties

Spousal Work Permits

How We Can Help

Religious Workers Performing Spiritual Duties

Under Immigration Regulation 186(1), foreign religious workers may work in Canada, and be paid salaries and benefits, without holding a work permit if they are:

"... 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..."

At Lowe & Company, we have successfully used the 186(l) exemption for a number of ministry-related positions, including music ministry leaders, intercessory prayer leaders, as well as traditional pastoral roles.

More about Religious Workers Performing Spiritual Duties

Religious Workers Performing "Non-Spiritual" Duties

If a person is coming to Canada to work in a religious or charitable organization, and performing duties other than those set out above, he or she usually requires a work permit. There are several ways to obtain one, including:

  1. Labour Market Opinion: An employer can apply to Human Resources and Skills Development Canada (HRSDC) for an LMO which states that offering the position to the foreign worker would not have a negative effect on the Canadian labour market. HRSDC may require proof that tried to hire a Canadian (ex. by advertising) as well as details about the remuneration offered and job duties. This is to ensure you are not abusing the system to recruit cheap labour overseas.
  2. 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."

    Canada Immigration takes the view that in order to qualify under this category, the work must be on a volunteer basis, and go "above and beyond normal work in the labour market," such as organizing volunteer workers to repair homes for the poor. The foreign worker can only be paid a small living allowance. We believe that Canada Immigration's position is unduly restrictive, and that this interpretation can be challenged.

  3. Intra-Company Transferees: Another way for foreign religious or charitable workers to work in Canada would be as intra-company transferees. If a foreign religious or charitable group wants to establish a Canadian branch, or transfer a senior executive, senior manager, or person with "specialized knowledge" to an existing Canadian branch, it may be able to use this provision. The transferee must have worked with the foreign branch for at least one year in the previous three years to use this provision.
  4. NAFTA: Some positions, such as accountants, can also qualify under the North American Free Trade Agreement, if the employee is an American or Mexican citizen. NAFTA and other free trade agreements are particularly useful in that there is no advertising or minimum salary required. For ministries that cannot afford market salaries for professionals, but have workers committed to the ministry willing to work for less, the free trade provisions are a useful tool.

Spousal Work Permits

Where a religious worker is working for your ministry under a qualifying work permit or a 186(l) work permit exemption, we can obtain an open work permit for the spouse. This work permit is extremely useful. It allows the spouse to work for any employer, in most occupations, and is a key planning tool for a longer term immigration plan.

How We Can Help

Lowe & Company has a long history of working with churches and other religious organizations. We have come alongside many pastors and missionaries, and guided them through the process of establishing a Canadian-based ministry. We've also had several members of our team speak at the National Conference for the Canadian Council of Christian Charities, and have published several articles on immigration and citizenship issues for foreign religious workers.

Find out more about bringing religious workers into Canada. Book a consultation today.

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