Francophone mobility – [R205(c) - 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, the term “officers” 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

As of June 15, 2023, the minister has designated the category of work by foreign nationals with moderate French-speaking proficiency equivalent to a Canadian Language Benchmarks (CLB) / Niveaux de compétence linguistique canadiens (NCLC) level 5 in all occupations located outside of Quebec, except primary agriculture occupations under Training, Education, Experience and Responsibilities (TEER) 4 and 5, as necessary for public policy reasons related to the competitiveness of Canada’s academic institutions or economy under subparagraph 205(c)(ii) of the Immigration and Refugee Protection Regulations (IRPR).

The purpose of the work designation is to promote the French language in Francophone minority communities outside Quebec. The administrative code for this work in the International Mobility Program (IMP) is C16.

From June 1, 2016, to June 14, 2023, applications under this code were assessed under paragraph R205(a) with the rationale that a significant cultural or social benefit was created by the work of certain French-speaking foreign nationals destined for a province or territory outside Quebec who

  • were assessed at the ability to meet a CLB / NCLC level 7 or higher
  • qualified under TEER category 0, 1, 2 or 3 of the National Occupational Classification (NOC)

Instructions for applicants are found in Francophone Mobility work permit: How to apply.

On this page

Eligibility

On or after June 15, 2023, to be eligible for assessment under subparagraph R205(c)(ii) and administrative code C16, foreign nationals must

  • be destined to live and work in a province or territory outside Quebec
  • have an offer of employment in either
    • a high-skilled occupation or
      • High-skilled occupations are considered to be those in the TEER category 0, 1, 2 or 3.
    • a low-skilled occupation
      • Low-skilled occupations are considered to be those in the TEER category 4 and 5.
        Exception: Applicants who have an offer of employment in a low-skilled occupation in a primary agriculture sector, as defined in subsection R315.2(4), are not eligible to apply for a work permit under the administrative code C16.
  • prove to an officer that they meet the French language proficiency (speaking and listening) at a CLB / NCLC level 5 or higher

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

Before June 15, 2023, to be eligible for assessment under paragraph R205(a), the foreign national had to

  • be destined to live and work in a province or territory outside Quebec
  • be qualified to work in a TEER 0, 1, 2 or 3 occupation
  • prove to an officer that their habitual language of daily use was French
    • Should a language tests be requested, a CLB / NCLC level 7 or higher was required.

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

Documentary evidence

With the application for a work permit, officers need the following documentary evidence to make an assessment:

  • one of the following:
    • an offer of employment number generated by the Employer Portal when the Canadian institution submits the offer or
    • the Offer of Employment to a Foreign National Exempt from a Labour Market Impact Assessment (LMIA) form (IMM 5802) if the employer was authorized by the Client Experience Branch to submit the form (see Alternate submission [IMM 5802] for details)
  • proof that the work location is outside Quebec
    • Telework or remote work for an employer who is located in Quebec is not eligible.
  • for applications submitted on or after June 15, 2023, proof of the ability to communicate (speaking and listening) equivalent to a CLB or NCLC level 5 or higher in French
    • This can include, but is not limited to
      • Test d’évaluation de français (TEF) or Test de connaissance du français (TCF) results
      • a written confirmation from a college or university in a program completed in French (such as an official letter of completion or transcript)
      • other documents that show education in French
  • for applications submitted before June 15, 2023, proof that their habitual language of daily use is French, such as
    • documents that show education in French
    • proof that they have obtained a CLB or NCLC level 7 or higher in the TEF or TCF
    • an assessment at an interview by the examining officer
  • proof that the applicant meets the employment requirements, as specified for the occupation in the NOC

Application assessment

Officers can use the following guidance to assess the work permit application.

French-language evaluation

For applications submitted on or after June 15, 2023
Officers can use their discretion to be satisfied that sufficient evidence has been provided that the applicant has a moderate French-language proficiency equivalent to a CLB or NCLC level 5 or higher.

A foreign national’s speaking and listening ability in French is a key factor of this work permit category. If, on assessment, the officer is not satisfied that the applicant has sufficient language skills, the officer may request

  • further evidence of language ability, for example, a satisfactory results of a TEF or TCF or
  • that the applicant complete an oral assessment

For applications submitted before June 15, 2023

Officers can use their discretion to be satisfied that sufficient evidence has been provided that the applicant’s habitual language of daily use is French.

The fact that a foreign national’s habitual language of daily use is French is a key factor of this work permit category. If, on assessment, the officer is not satisfied that the applicant has sufficient language skills, the officer may request

  • results from a TEF or TCF that shows a CLB or NCLC level 7 or higher
    or
  • an assessment by the examining officer at an interview

Review the offer of employment

Officers should assess

  • the offer of employment to ensure it meets the requirements of the specific situation under the administrative code
  • the genuineness of the job offer
Field Considerations

LMIA Exemption Code

C16

Ensure that the exemption code matches the description in “Requirements Exemptions Met.”

Requirements Exemptions Met

Does the information in this field indicate that the foreign national has a language evaluation that meets requirements?

NOC and Job Title

Is the occupation reasonable for the employer to need?

For example: Is this the sixth supervisor to be hired even though there is a total of only 10 employees?

Wages

Are the wages equal to the minimum wage of the province or territory?

Are they reasonable for the position?

Can the employer afford to pay the wages based on their reported income?

Duties and Job Requirements

Do the activities that the foreign national will be performing align with the exemption category and the occupation stated?
Are there specific requirements that align with the exemption (for example, specific educational level, employment experience qualifications, etc.)?
Has the applicant provided sufficient evidence that they meet the employment requirements?

Program integrity

Officers may consider the following questions:

  • Has this employer recently hired many employees from the same region for the same position?
  • Does the contact information for the employer match the name of the company?

Extension

For applications submitted on or after June 15, 2023, the determination of whether the applicant has a moderate French-language proficiency at the CLB or NCLC level 5 or higher was made at the time of initial application; therefore, a proof-of-language test result is not required upon renewal unless the processing officer has concerns.

For applications submitted before June 15, 2023, the determination of whether the applicant’s habitual language of daily use is French was made at the time of initial application; therefore, a proof-of-language test result is not required upon renewal unless the processing officer has concerns.

All other requirements must be met by the applicant renewing a work permit under this administrative code.

Final decision

Approval

For applications submitted on or after June 15, 2023, the work permit will be issued under the authority of subparagraph R205(c)(ii).

For applications submitted before June 15, 2023, the work permit will be issued under the authority of paragraph R205(a).

In the Global Case Management System (GCMS), 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 IMP 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 IMP 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 IMP offer of employment.

Intended occupation

Job title
This is auto-populated from the IMP 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 IMP 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.

Refusals

When the officer refuses the work permit application, they should clearly state what eligibility or admissibility requirements were not met and how they were not met. Consult the Decision making: Standard of review and process for making a reasonable decision.

Family members

Family members who are not eligible under this work permit category may apply for an open work permit under subparagraph R205(c)(ii). Refer to: Overview of work designated by the Minister [R205(c)(ii) – C41, C46, C47, C48].

Previous updates

The instructions were updated on the following dates:

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