Experts on mission working for a United Nations office in Canada (LMIA exemption code C10) – International Mobility Program

All in-Canada visitor record, study permit and work permit applications must be submitted electronically, with some exemptions. See the list of programs that are exempt from the mandatory electronic application requirement.

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

For cases where non-accredited foreign nationals come to work as experts on mission for a United Nations (UN) office in Canada, the following instructions apply.

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Conditions

A legally-binding agreement between the Government of Canada and a UN office in Canada, which is often known as the “host country agreement”, determines what privileges, immunities and conditions the UN office and its staff enjoy in Canada. Officials of a UN office in Canada are internationally recruited staff who are sent on posting to work at a given office. They enjoy immunity from immigration restrictions and alien registration procedures for themselves, their spouses and their dependent relatives. In other words, even if they work while they are in Canada, officials of a UN office in Canada are not subject to work permit requirements, under Canada’s Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR).

Experts on mission normally obtain an accreditation similar to a diplomatic accreditation from the Office of Protocol (XDC) at Global Affairs Canada (GAC), subject to corresponding conditions.

However, there are cases where non-accredited foreign nationals are engaged for a short period of time, by a UN office, as experts on mission, and they do not enjoy immunity from immigration requirements.

Experts on mission, coming to work for a UN office in Canada, are subject to the IRPA and IRPR. Consequently, those coming for short-term assignments may be eligible for a work permit exemption, under the Global Skills Strategy. Specifically, this applies only to those whose job is under skill type 0 or A in the National Occupational Classification (NOC) and who work up to either 15 consecutive days once every 6 months or 30 consecutive days once every 12 months.

Experts on mission who intend to perform work for a longer duration than specified above (15 or 30 consecutive days) and to reside in Canada during that period should be dealt with on a case-by-case basis, between the Immigration, Refugee and Citizenship Canada (IRCC) office that is processing the work permit application and the XDC.

If the employer receives written consent from the XDC, considering the distinguished expertise in the foreign national’s field and the importance of the work they achieve, specifically at UN offices, the foreign national may be eligible to apply for a work permit application, under the significant benefit provision outlined in paragraph R205(a) and under Labour Market Impact Assessment (LMIA) exemption code C10.

Overseas application process

Though experts on mission are not accredited by GAC, they do benefit from limited privileges and immunities, as outlined in the Foreign Missions and International Organizations Act. To properly identify these individuals and ensure that they are accorded the appropriate privileges and immunities, the XDC solicits the names, status and scheduled duration of work of all such individuals before any work permit application is submitted. In response, the XDC provides a confirmation by email to the international organization concerned.

To ensure a smooth application process, the following steps should be taken:

  1. The international organization contacts the XDC to obtain a written confirmation by email.
  2. If the XDC has no concerns, an email with a clear subject line (Experts on Mission – C10 LMIA exemption) is sent to the organization.
  3. The XDC confirms with the organization to which visa application centre (VAC) the applicant intends to submit their work permit application.
  4. The XDC in turn shares this information, along with the name of the applicant, with the Migration Program manager.
  5. The Migration Program manager coordinates with the VAC to receive the paper application.

Individuals who receive the above-noted email confirmation from the XDC through their employer are instructed in the email to submit a paper application directly to their nearest VAC or relevant IRCC migration office abroad. Although it is likely that many of these individuals are visa-exempt, due to their country of origin, the XDC encourages applicants to apply to a VAC or migration office overseas.

Requirements

As experts on mission are not exempt from immigration procedures, all regular processes apply.

Applicants are required to do all of the following:

  • submit a complete application, including fees
  • submit the confirmation received from the XDC
  • submit documentary evidence, such as an employment contract that attests to job details, the duration of work, and the start and end dates
  • undergo all admissibility assessments, such as
    • security screenings
    • criminality checks
    • medical examinations, as required

Employer compliance regime exemption

As foreign missions, international organizations such as UN offices in Canada and foreign governments are exempt from the employer compliance regime, no offer of employment or employer compliance fee is required to be submitted via the Employer Portal.

Port of entry application process

Individuals who are otherwise eligible to make an application at a port of entry (POE) may apply for a work permit when seeking entry to Canada. All regular processes and required documentation outlined above also applies to applications made at POEs.

In-Canada application process

Individuals may apply to a case processing centre for a work permit extension, once they are in Canada, when their initial work permit is set to expire. A new written confirmation from the XDC that clearly outlines the new duration of employment is required with these applications. As with overseas applications, all documentation and regular processes outlined above apply to in-Canada applications as well.

Work permit issuance

If approved, work permits should be issued for the duration confirmed by the XDC or until the expiry of the travel document, whichever is earlier. The fields below should be completed as follows:

Under the Application screen, enter the following:

  • Case Type: 60

Based on the fields in the invitation letter, enter the following under the Application screen:

  • Province of Destination: province of physical job location
    • If there is more than 1 location, enter the primary location in this field and the secondary locations in the Remarks field.
  • City of Destination: city of physical job location
    • If there is more than 1 location, enter the primary location in this field and the secondary locations in the Remarks field.
  • Exemption Code: C10 (significant benefit to Canada)
  • NOC: NOC code related to job duties (do not use 9999)
  • Intended Occupation: job title
  • Salary: wage in Canadian dollars and number of work hours, per the invitation letter
  • Employer: employer name, as specified on the XDC confirmation email

Dependants

Although dependants are not included in the C10 exemption and do not receive any sort of confirmation or measure of facilitation from the XDC, there are cases where dependants apply alongside the principal applicant.

Therefore, dependent family members are able to submit their applications, along with the principal applicant, to the VAC or IRCC office, and their applications are processed concurrently, under existing IRCC programs. For example, spouses may be eligible for an open work permit, as the spouse or common-law-partner of a skilled worker, under exemption C41.

Applications received from dependants should be assessed on a case-by-case basis.

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