Significant benefit to Canada [R205(a) – C10] – Canadian interests – International Mobility Program

In these instructions “officer” refers to employees of both Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.

The instructions on this page should be reviewed in conjunction with

• Assessment of work permit applications
• Employer-specific work permits – General processing – International Mobility Program
• Assessing the genuineness of the offer of employment on a work permit application – R200(5)
• Conditions and validity period on work permits
• Public list of employers who have been non-compliant

The International Mobility Program (IMP) provides work permits to eligible foreign nationals without the need for a labour market impact assessment (LMIA), to support broader government priorities and generate or strengthen advantages for Canada.

Paragraph 205(a) of the Immigration and Refugee Protection Regulations (IRPR) is intended to provide officers with the flexibility to respond in unique or exceptional situations where the employment-related activities performed by a foreign national would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents. Officers should assess the expected benefits of the foreign national’s work (including whether it has broader impacts beyond the foreign national and the employer seeking to hire them) against some of the possible risks (such as the displacement of Canadians and wage suppression) and should be satisfied that the potential benefits outweigh the risk.

On this page

• Eligibility
• Significant benefit considerations
  • Economic benefit considerations
  • Social benefit considerations
  • Cultural benefit considerations
• Applicants destined to Quebec
• Documentary evidence
• Application assessment
• Final decision
  • Approval
  • Refusal
• Unique situations
  • Economic benefit
  • Social benefit
  • Cultural benefit
• Previous updates

Eligibility

These instructions contain general eligibility guidelines for a foreign national to demonstrate that their work will generate significant economic, social or cultural benefits, or opportunities for Canadian citizens or permanent residents. Ultimately, applications should be assessed on a case-by-case basis.

There are also specific work permit categories under the International Mobility Program that the department has assessed as meeting the requirements of paragraph R205(a) that may be used; see the unique situations at the bottom of these instructions.

Significant benefit considerations

Officers may determine a work permit application meets the requirements of paragraph R205(a) if they are satisfied that the work of a foreign national will benefit or provide opportunities for Canadians or permanent residents socially, culturally or economically.

For the benefit to be assessed as significant, officers should be reasonably convinced that the applicant’s employment and unique qualifications, expertise and/or experience would lead to positive effects on the broader community, region or country, beyond impacts on just the applicant, their dependents and their prospective employer.

The economic, social or cultural benefits or opportunities may be tangible (such as increased employment opportunities) or intangible (such as increased community well-being) but they must be valid, reasonable and demonstrable.

Officers should assess how the work of the foreign national will credibly contribute to or foster

• a positive effect on the Canadian economy, such as
  • job creation for the region
  • development in a regional or remote setting
  • expansion of export markets for Canadian products and services

or

• advancement of a Canadian industry, such as
  • technological development beyond present industry ability
  • product or service innovation
  • if the service provided is in shortage in a given location
  • opportunities for improving the skills of Canadians

or

• increased health and well-being, meaning the physical and mental health of society either across Canada or regionally

or

• greater tolerance, knowledge or opportunities for intercultural exchange and connection in communities

Note that the lists above and below are not exhaustive and are simply intended to demonstrate how considerations related to significant benefits may be assessed, depending on case specifics.

Economic benefit considerations

Economic benefits are benefits that would contribute to the growth, expansion or continuation of an industry or business in Canada that has fiscal benefits or allows for the competitive advantage of Canada’s business community.

There should be documented evidence that the work of the foreign national will contribute to or foster a significant economic benefit to Canada. Evidence could include, but is not limited to, any of the examples below:

• preventing the disruption of employment for Canadians or permanent residents
• negotiating and concluding business transactions that would improve Canada’s competitive advantage globally
• supporting business development to enhance industry efficiencies, productivity and sustainability
• advancing a Canadian industry through demonstratable market expansion, job creation, or product or service innovation
• preventing a disruption to a major Canadian event that will create demonstrable opportunities in employment or economic growth in Canada
• creating a large number of employment or training opportunities for Canadian citizens or permanent residents, where the number of positions will have a demonstrable impact
• introduction of a new or unique good/service that would otherwise be limited, inaccessible or unavailable to Canadians, or that serves an outstanding community need
• providing economic stimulus in remote areas that creates demonstrable increases in the local economies

Social benefit considerations

The foreign national’s work will provide significant external benefits to other third parties not directly involved in the transaction, specifically benefits that are concerned with meeting human needs for security, education, work, health and well-being.

Evidence that the work will provide a significant social benefit to Canada could include, but is not limited to, any of the examples below:

• improving quality-of-life standards and overall community well-being
• addressing health and safety threats to Canadians or permanent residents
• promoting a community’s image and pride (for example, boosting local investments in heritage resources or amenities that support tourism services)
• improving environmental conditions, which could include the promotion of sustainable practices and/or reduction of detrimental environmental impacts
• promoting community involvement/engagement to strengthen social ties and foster a sense of belonging
• supporting anti-racism, diversity and inclusion initiatives to create more equitable opportunities for all members of society
• strengthening social stability and resilience in communities

Cultural benefit considerations

Culture is defined in the Canadian Framework for Culture Statistics as creative artistic activity and the goods and services produced by it, and the preservation of heritage.

Evidence that the work will provide a significant cultural benefit to Canada could include, but is not limited to, any of the examples below where the foreign national

• is a recipient of national or international awards or patents
• is a member of an organization requiring excellence of its members
• is currently or has been a member of a peer review panel or an authority to judge the work of others
• is recognized for achievements and significant contributions to their field by peers, governmental organizations, or professional or business associations
• has made scientific or scholarly contributions to their field
• has publications in academic or industry publications
• is currently or has been a leader in an organization with a distinguished reputation
• is renowned for their artistic and cultural endeavours

Applicants destined to Quebec

Foreign nationals destined to work in Quebec under paragraph R205(a) administrative code C10 do not require a Quebec Acceptance Certificate (CAQ).

Documentary evidence

Foreign nationals submitting an application for consideration under the work permit category “significant benefit” [administrative code C10] should provide documentation demonstrating how their work provides a significant benefit to Canada.

To be eligible, a foreign national must provide

either

• an offer of employment number generated by the Employer Portal when their employer submits the offer, or
• the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form [IMM 5802] if authorized by the Client Support and Engagement Branch to submit the form (see Alternate submission [IMM 5802] for details),

and

• detailed evidence of how the foreign national’s intended work provides a significant benefit economically, socially or culturally). Examples of evidence may include an employment letter explaining how the work of the foreign worker will bring significant benefit to Canada.

Application assessment

When assessing the significant benefit, officers should review the following fields under the Employment Details tab in the Global Case Management System (GCMS) for information provided by the employer:

Refer to Employer-specific work permits with labour market impact assessment (LMIA) exemptions (International Mobility Program) for further guidance.

Final decision

Approval

The work permit will be issued under the authority of paragraph R205(a).

In GCMS under the Application screen, officers should enter the information below in the specified fields.

Refusal

When officers are not satisfied that the specific factors for this administrative code and paragraph R205(a) are met, they need to clearly document their reasons in the refusal note.

A decision is reasonable when the reviewing court is able to trace the decision maker’s reasoning, without encountering fatal flaws in the overarching logic, and is satisfied that there is a line of analysis within the given reasons that could reasonably lead the tribunal from the evidence before it to the decision maker’s conclusion.

The officer needs to engage with the documentary evidence that was provided by the applicant. Simply stating “I have reviewed the submissions and I am not satisfied that R205 is met” is not sufficient for another reasonable person to understand the logic of the decision without reviewing all of the evidence again.

For example, if the applicant has provided a detailed business plan, the officer should summarize the areas of the business plan they are not satisfied with in their notes and explain why they are not satisfied the applicant meets the requirements of paragraph R205(a).

Officers should follow the steps in Decision making: Standard of review and process for making a reasonable decision when finalizing their refusal notes.

The conclusion should provide an answer or make a finding of fact for each issue.

The grounds in the refusal letter should reflect what the officer has stated in their notes.

Work permits are issued if all of the requirements stated in section R200 are met. Therefore, refusal grounds should be linked to 1 of those requirements. Below are examples of some of the requirements:

• R200(1)(b) – The officer must be satisfied that the applicant will leave Canada at the end of their period of authorized stay, including any assessment of dual intent. If the officer is not satisfied that the work of the applicant is genuine, it may be reasonable to determine that they will not leave Canada at the end of their stay. However, officers must provide a reasonable, logical explanation of why they are not satisfied.
• R200(1)(c)(ii.1) – The requirement is not met if the officer is not satisfied that the work of the applicant will provide a significant benefit; in other words, the applicant’s work is not described in paragraph R205(a).
• R200(3)(a) – If the officer is not satisfied that the applicant will be able to perform the work offered. For example, they do not have the required experience, education, language level or any other factor that the officer determines is required to perform the work.
• R200(3)(f.1) – If the offer of employment under section R209.11 or the fee required under section R303.1 have not been completed prior to the submission of the work permit application.

Unique situations

The following foreign nationals may be eligible to apply for an employer-specific work permit under paragraph R205(a) (administrative code C10):

Economic benefit

• Rail grinder operators, rail welders or other specialized track maintenance workers
• Interns with international organizations recognized under the Foreign Missions and International Organizations Act
  • The employer is not required to submit an offer of employment through the Employer Portal
• Marine workers – Seaspan above-deck retrofit foreign workers [R205(a) – C10] – Canadian interests – International Mobility Program

Social benefit

• Caribbean Agricultural Liaison Officers
• Foreign physicians coming to work in underserved regions in Quebec
• Foreign airline security guards stationed in airports who are responsible for checking passengers and their luggage before they board the aircraft
• Experts on mission working for a United Nations office in Canada

Cultural benefit

• Some circus performers working for Canadian-based circuses
• World Anti-Doping Agency international employees

Previous updates

• December 6, 2024
• June 25, 2021