HLO is pleased to share that our team has successfully represented an Employer and Applicant on a C20 work permit application through the International Mobility Program (IMP). In this case, the Employer was seeking to hire a ski coach temporarily for the upcoming 2023-2024 ski season based on the Applicant’s unique skills and experience.
Typically an employer needs a positive Labour Market Impact Assessment (“LMIA”) in order to hire a temporary foreign worker. The LMIA process can be complex, costly to the employer and lengthy and there is no guarantee of success. The IMP enables employers to hire temporary foreign workers without a Labour Market Impact Assessment (“LMIA”). Exemptions from the LMIA process are based on the broader economic, cultural or other competitive advantages for Canada and the reciprocal benefits enjoyed by Canadians and permanent residents. Given the discretionary nature of these types of work permits, having the assistance of an immigration lawyer who is familiar with the process can be helpful to guide the applicant and employer.
What is a C20 Work Permit?
Under section 205(b) of the Immigration and Refugee Protection Regulations, foreign workers can take up employment in Canada when Canadians have reciprocal opportunities abroad. The onus is on the applicant to demonstrate that reciprocity exists and if evidence of reciprocity is not presented to the Officer’s satisfaction, the work permit may be refused.
Professional and semi-professional coaches and athletes working for Canadian-based teams may be eligible for an LMIA exemption under this category due to the international mobility in this field of work.
Professional Canadian teams, for which foreign athletes would require a work permit, include, but are not limited to, those in:
- the National and American Hockey Leagues,
- the Canadian Football League,
- Major League Baseball and its affiliates at the A, AA and AAA levels,
- the National Basketball Association,
- the Canadian Soccer League as well as
- the Major League Soccer league.
If you are interested in learning more about work permits for Canada and/or the LMIA process, please contact Laura Schemitsch for a consultation at info@heronlaw.ca
