Religious leaders who are work permit exempt under paragraph R186(l)
All in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of programs that are exempt from the in-Canada mandatory electronic application requirement.
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, “officers” refers to IRCC and Canada Border Services Agency (CBSA) border services officers,
The instructions on this page should be reviewed in conjunction with:
Some religious leaders may be authorized to work in Canada without a work permit under paragraph R186(l) if they meet the requirements.
On this page
- Main duties
- Documentary evidence
- Foreign nationals overseas
- Issuing visitor records at ports of entry
- In-Canada applicants who are exempt under R186(l) and wish to extend their authorization to work under R205(d)
- Family members
Main duties
Paragraph R186(l) applies to persons who are 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, either as an ordained minister or a member of a religious order
Other duties may include:
- conduct of regular religious services
- administration of rites of faiths such as marriages and funerals
- prayer and the promotion of spirituality by delivering sermons and other religious talks
- provision of spiritual and moral guidance to members of a religious faith
Example titles
Archbishop, bishop, cardinal, chaplain, evangelist, granthi, imam, minister, pastor, priest, rabbi.
Please note that the above list of titles is not exhaustive.
Documentary evidence
Persons seeking entry to work under the authority of paragraph R186(l) should be able to provide documentary evidence to support their request for entry that indicates:
-
assessment of the offer of employment from the religious denomination that seeks to employ them
In exceptional cases, officers may require more information to assess the job offer. Examples of information that may assist in assessing the job offer are listed below. Please note this list is not exhaustive.
- Certificate of Incorporation of the employer in the province or territory of destination
- proof of registration as a charity or non-profit organization with the Canada Revenue Agency (CRA) under the Income Tax Act (Most religious organization s will be registered as charities or non-profit organizations under the Income Tax Act and under provincial or territorial laws.)
- a statement from the religious organization showing
- date and place of founding of the religious organization
- length of time in continuous operation in the province or territory of destination
- description of the structure of the organization, including names and addresses of the organization leaders/executives in the province of destination and any affiliation with a larger religious group
- size of the adult congregation
- number of clergy employed
- address or regular meeting place of the congregation
- scheduled days and hours of worship
- copies of relevant sections of the constitution and by-laws of the religious organization that provide for the ordination, appointment and dismissal of ministers or clergy
- financial statements for the past fiscal year
- copy of a residential lease if a residence is not supplied by the religious organization for the foreign national
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ability to minister to a congregation under the auspices of that religious denomination
Examples of information that may assist an officer in assessing the ability to minister to a congregation are listed below. Please note this is not a list of required documents, nor is it exhaustive.
- proof of ordination or appointment of the foreign national
- letter of authorization from the governing official of the denomination that includes
- the current status of the foreign national within the denomination
- recognition of the foreign national’s entitlement to minister to the denomination’s congregation
- name and mailing address of church or congregation to be served
- arrangements for remuneration or care of the foreign national
- description of exact duties and hours to be worked
The above documentary evidence may also be considered to support work permit applications for religious workers who may be eligible for a work permit exemption under paragraph R186(l) but choose to apply for an LMIA-exempt work permit under paragraph R205(d).
Foreign nationals overseas
Refer to:
Issuing visitor records at ports of entry
The foreign national should be documented on a visitor record when seeking entry to Canada to perform religious duties for more than 6 months, as this makes it easier for the religious worker to obtain federal or provincial services as needed.
When an officer is satisfied that the foreign national meets the requirements of paragraph R186(l), they may issue a visitor record if the stay is more than 6 months or as a facilitative measure as evidence of the authority to work without a permit. See Visitor record – POE issuance for more information.
If the foreign national requests a visitor record and if all other requirements have been met, a border services officer should issue a visitor record to the foreign national. This will verify the status of the temporary resident as work permit exempt and support their application to Service Canada for their social insurance number.
In the Global Case Management System (GCMS), officers should enter the information below in the specified fields.
Field | Selection or Input |
---|---|
Case type | 13 (Religious Group) |
Conditions of entry | Not authorized to work for any other employer or location |
Validity to date | Should be the duration specified in the job offer |
User remark | Authorized to work as per paragraph R186(l) Or Work permit exempt as a religious leader |
In-Canada applicants who are exempt under R186(l) and wish to extend their authorization to work with a work permit under R205(d)
Religious workers who entered Canada with authorization to work without a work permit pursuant to paragraph R186(l) may apply for a work permit after entry as per paragraph R199(b) under the paragraph R205(d) LMIA exemption. The employer in such a case is required to complete the offer of employment in the Employer Portal and pay the employer compliance fee, if required. Consult General information: Foreign nationals applying for a work permit after entry.
Family members
For guidance on specific requirements to obtain a work permit for family members, please refer to Overview of work designated by the Minister [R205(c)(ii)] – Canadian interest – International Mobility Program (ci.gc.ca)
For guidance on specific requirements to obtain a study permit for minors, please refer to Study permits: Guidelines on minor children
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