LMIA-Exempt Work Permit And Permanent Residence Pathways For Religious Workers

The Canadian government has established many immigration programs to attract human resources to meet economic, cultural and social needs. One of the important goals is to enhance the spiritual and religious life in the community. Therefore, Canada has its own mechanisms for Religious Workers – those who serve in pastoral, teaching, missionary or religious leadership – to help them work in Canada on a temporary or permanent basis.

The article below fully summarizes the pathways for Religious Workers according to current regulations.

1. LMIA-Exempt Work Permit for Religious Work

1.1 What is LMIA?

LMIA – Labour Market Impact Assessment là đánh giá thị trường lao động Canada nhằm xác định liệu có cần tuyển lao động nước ngoài hay không. Đa số người lao động nước ngoài phải có LMIA, nhưng Religious Workers có một lựa chọn đặc biệt: xin Work Permit mà không cần LMIA.

1.2 Conditions for LMIA exemption

IRCC chỉ chấp nhận miễn LMIA nếu công việc thực hiện tại Canada mang tính chất tôn giáo. Nghĩa là nhiệm vụ chính phải phục vụ mục đích tôn giáo, ví dụ:

• Teaching or giving religious instruction.
• Propagate a particular religion.
• Practice and maintain spiritual teachings, rituals, and activities.
• Promote spiritual life according to the teachings of that religion.

Important Note: Working for a religious organization is not enough to qualify for an LMIA exemption. For example, church accounting, administration, and human resources are not covered because the work is not pastoral in nature.

2. Working in Canada without a Work Permit for Religious Leaders

This is a very narrow pathway, applicable only to Religious Leaders who meet specific criteria.

2.1 Terms and conditions

Religious Leaders can work in Canada without a Work Permit if their primary duties include:

• Preaching, preaching.
• Performing religious rituals and gathering activities.
• Spiritual counseling, spiritual support as an ordained person or member of a religious order.

Other related duties may include:

• Performing religious ceremonies such as weddings and funerals.
• Organize prayer meetings and teach catechism.
• Provide spiritual guidance and encouragement to the religious community.

2.2 Document requirements

IRCC will assess:

• Documentation proving the religious affiliation and actual activities of the hiring organization.
• A profile demonstrating the Religious Leader's abilities and qualifications (ordination, pastoral experience, theological training).

Upon entry, eligible Religious Leaders may apply for a Visitor Record stating they are authorized to work without a Work Permit.

3. The Path to Permanent Settlement for Religious Workers

3.1 Express Entry and the TEER system

Religious Workers' work experience in Canada may qualify as skilled work under the Express Entry system.

In the TEER occupational classification system:

• Religious Leaders are usually classified as TEER 1.
• Other Religious Workers may be classified as TEER 2.

Skilled work (TEER 0,1,2,3) is eligible for programs such as:

• Federal Skilled Worker Program (FSWP)
• Canadian Experience Class (CEC)

3.2 Advantages of LMIA-exempt Work Permit over Express Entry

Religious workers with a valid job offer from an LMIA-exempt Work Permit may still receive CRS points for the job offer.
Therefore, even if a Religious Leader has the right to work without a Work Permit, they should still consider applying for an LMIA-exempt Work Permit to maximize CRS points when applying for permanent residence.

4. What should employers and Religious Workers keep in mind?

• If aiming for settlement, priority should be given to pathways that help increase Express Entry points.
• Determine whether the job is religious in nature as defined by IRCC.
• Prepare documentation to demonstrate the religious nature of the organization and job role.
• Choose the right pathway: LMIA-free, no Work Permit required, or standard Work Permit.