Mobilité Francophone – [R205(a) - C16] – Canadian interests – International Mobility Program  

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

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

The instructions on this page should be reviewed in conjunction with

There are specific situations that IRCC considers, by policy, as meeting the requirements of R205(a), where the work of a foreign national creates significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents. The department has created LMIA exemption categories (via unique administrative codes) to capture different considerations for those specific situations.

C16 is the administrative LMIA exemption code created on June 1, 2016, to promote Francophone immigration to Francophone minority communities. This code covers the work of certain Francophone foreign nationals who are destined for a province or territory outside Quebec and qualified under Training, Education, Experience and Responsibilities (TEER) category 0, 1, 2 or 3 of the National Occupational Classification (NOC) that will create significant benefits. For workers who do not meet the specific considerations for a C16 exemption, officers may still assess them on a case–by-case basis, possibly under the broader LMIA exemption code C10 also used for assessment under R205(a).

Facilitating entry for these workers under the International Mobility Program (IMP) serves to support paragraph 3(1)(b.1) of the Immigration and Refugee Protection Act by encouraging the development of both official languages in communities in Canada. Promoting the use of French outside Quebec strengthens and supports the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada.

On this page

Eligibility

To be eligible for a labour market impact assessment exemption, under the situation covered by administrative code C16, foreign nationals must be

  • destined to work in a province or territory outside Quebec
  • qualified to work in TEER 0, 1, 2 or 3 occupations
  • satisfy an officer that their habitual language of daily use is French
    • “Habitual language of daily use” means they can communicate at a Canadian Language Benchmark (CLB) or Niveau de compétence linguistique canadien (NCLC) level 7 or higher.

Note: The language of work does not need to be French.

Documentary evidence

The work permit application should be accompanied by

  • an offer of employment, as per section 209.11 of the Immigration and Refugee Protection Regulations, submitted by the employer before a work permit application is made
  • proof that the work location is outside of Quebec
    • Telework or remote work for an employer who is located in Quebec is not eligible.
  • proof of language ability, such as
    • documents that show education in French
    • proof that they have obtained a CLB or NCLC level 7 or higher in the Test d’évaluation de français (TEF) or Test de connaissance du français (TCF)
    • an assessment at an interview by the examining officer

Assessment of language ability

For online applications or when an officer is not able to assess whether the language of habitual use is French, the officer may request results from a TEF or TCF that show a CLB or NCLC level 7 or higher.

If the applicant cannot satisfy an officer that they meet this eligibility consideration, the work permit application may be refused.

Extension

Renewals of these work permits, including for applicants who hold a valid work permit under the discontinued exemption “Significant benefit – Francophone destined to work outside Quebec,” may be submitted to the Case Processing Centre in Edmonton (CPC-E). Because a determination of whether the applicant’s habitual language of daily use is French has to be made at the time of initial application, a reassessment of the language is not required upon renewal. However, the officer at the CPC-E still has the option to refer the case to a local IRCC office for further follow-up.

Exemption code C16 work permit extension requests should be submitted directly to IRCC online or to the CPC-E. The initial guidelines must still be met, and the applicant must continue to be employed in applicable TEER 0, 1, 2 or 3 occupations outside Quebec.

Work permit issuance in the Global Case Management System

On the “Application” screen, officers should enter the information below in the specified fields.

Field Selection or input
Case type 52 – Employer-specific LMIA-exempt application
Province of destination

Outside of Quebec and matching the employment address in the Employment Details – LMIA-exempt tab.

Note: If there is more than 1 location, officers should enter the primary location in the “Province of Destination” field and the secondary location in the “Remarks” field.

City of destination

The city of destination entered by the applicant should match the address of employment in the LMIA-exempt offer of employment (under the Employment Details – LMIA-exempt tab).

Note: If there is more than 1 location, officers should enter the primary location in the “City of Destination” field and the secondary location in the “Remarks” field.

Exemption code

C16

This code is auto-populated from the LMIA-exempt offer of employment.

This code should only be changed in specific circumstances. For further instructions see Changes between the offer of employment and the work permit application.

NOC

####

The NOC code is auto-populated from the LMIA-exempt offer of employment.

Intended occupation

Job title

This is auto-populated from the LMIA-exempt offer of employment.

LMIA/LMIA-exempt #

“A” number from the work permit application.

This number is auto-populated from the work permit application, and it is what is used to “match” in the Portal. If the work permit application was submitted on paper, the officer must manually enter the number.

Employer Business operating name
Duration

Officers may issue an LMIA-exempt work permit that is valid for the duration of the offer of employment or until the expiry of the travel document, whichever is earlier.

If the foreign national is exempt from the travel document requirement (for example, they are a US citizen), the work permit should be issued for the full duration of the offer of employment.

Refer to Validity period for work permits.

Family members

Family members are not eligible for an LMIA-exemption under C16 but they may apply for the following:

  • A dependent spouse or common-law partner is eligible to apply for an open work permit under LMIA exemption R205(c), administrative code C41.
  • Family members as defined in R1(3) are eligible for an open study permit (no letter of acceptance required) if the principal applicant has obtained provisional approval on their work permit application (letter of introduction) before entering Canada.
    • The family members of foreign nationals who have already entered Canada are not eligible for an open study permit.
  • In-Canada minor children of principal applicants may be exempt from the requirement to obtain a study permit. For guidance on specific requirements regarding obtaining a study permit for minors, see Study permits: Guidelines on minor children.
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