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Video by kubeirkamal — Transcript · YTtoTranscript

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Ask Kubeir - Canadian Immigration Specialist · 2,762 words · 14 min read · EN

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Below is the complete, readable transcript of Video by kubeirkamal by Ask Kubeir - Canadian Immigration Specialist on Instagram. Read the full text, copy any part you need, or generate a transcript for any video with our free tool.

Today I want to talk to you about C50 LMIA exempt work permit and I've lately seen a lot of these videos, these TikTok reels, of course people share it all the time and of course in the consultations as well, where people are told that if you are doing any kind of seva, any kind of

volunteering in a mosque, gurdwara, temple, church, then automatically you are eligible for a C50 LMIA exempt work permit. Well, that is not entirely true and it's not as straightforward as it may look like as well. So, in this video, I want to cover what is a C50 LMIA work permit application, what is required, who is covered, who is eligible and who obviously is not. C50 is the LMIA exemption

code for this category where religious workers may apply for this work permit. Earlier, under C50, you would have the religious workers as well as the charitable workers. Both of these categories were included and depending on the kind of institution, depending on kind of the organization, you could apply as a charitable worker or as a religious worker. Then IRCC had gone and segregated

these two. Now charitable workers who work for charitable organizations and non-profit come under C-51 and for those of you applying for LMIA exemption under religious workers comes under C-50. Of course, it allows the Canadian religious institutions to hire a temporary foreign worker without the requirement of having to post any advertisements, whether there was a Canadian

permanent resident or citizen who could have done this job. This comes under the IRPR R205, which comes under the Canadian benefit under the exemption codes. Under this exemption code, of course, the officer is assessing for a work permit eligibility on the basis of the kind of work the person will do, kind of job offer that is being made. And simply because you are working

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for a religious institution does not automatically make you eligible for the C50 LMIA exempt work permit. C50 versus C51, what are the basic differences here? The regulation is the same, duties are completely different. So under C50 for the religious workers, this is meant for people who are imparting religious instructions or are promoting the faith or are advancing the

learnings the teachings of spiritual the spiritual basis of that particular religion or are maintaining the doctrines and observances of that religion well those all would come under the c50 religious workers but c51 are those individuals who are directly involved in a in a frontline role of supporting the mandate of that non-profit or the charitable organization

would go as a charitable worker. So that's C-51. Now, this is where it gets a bit tricky. If a religious organization also has a community support activity or mandate, and therefore, if you are working for this institution, the religious institution, but you're working in a role which is directly involved in supporting in the community service, then you may actually need

to apply for your work permit under C51, which is the charitable nature of the job and not under C50. So therefore, it's very important to understand the nature of the organization, as well as the nature of the job that is being offered to you and whether it falls under C50 and C51. Once again, just to clarify, C50 is for people who are into the religious work,

who are performing the duties, which are largely around the religion itself. So whether they are imparting religious teachings, whether they are maintaining any doctrines or they are providing any spiritual teachings and learnings. These are all religious workers. A person who working for a religious institution for example Gurdwara temples mandars churches etc And they are working in a community development community supporting role For example let say a mosque or a church manages or provides services to lift the impoverished right

Or are providing some sort of child care or child upliftment activities. So people who are directly working in these roles would now be under C51 and not C50. So very clear distinction as to what you're doing, where you're performing and who is the institution that you're working for. Most importantly, the real test here is the duties and not really the employer.

Now, obviously, the institution has to be a religious institution, right? It has to be a Gurguara temple, mosque, church, synagog or whatever that might be. and they are performing the applicants are performing religious duties promoting a particular faith maintaining the doctrines as i've just explained to you but if you are working in an

administrative or commercial or any kind of support role let's say you are an accounts administrator or an accounts receivable accounts clerk administrative officer inventory manager gardening or clerical duties that you will be performing none of these are considered as religious work so just when you hear those videos when you see those videos online right where they

say that hey if you are doing some sort of a seva in a gurdwara or in a temple then you could be knowledgeable no doing seva is something totally different you can come to the temple you can you can you know help in food distribution you can help in the cleaning or you can help in some other

activities this does not automatically make you eligible under the religious workers or even under the charitable workers so you have to be very careful as to how you draft your position or how you pitch your position to make yourself eligible for this work permit application now what does IRCC officers are actually reviewing in this application of course they are looking at the

LMIA exemption code they're looking at your NOC code what NOC codes are you choosing right it has to be for the religious worker. The NOC code for religious workers is very very clear. It is 42204 and if you are to read the NOC code of 42204, it includes religion workers who are including the

brothers, the nuns, the monks, priests, imams, gruntis, rabbis. All of these are considered as religion workers and these individuals will of course assist and provide services at the place of religion, at the place of worship and that is why they come under the religious workers. Now as far as the wages are concerned it has to be at least the minimum wages now in some cases it could

also be unpaid work or volunteering work that is also absolutely fine and in some cases it could also be that only a stipend is being paid now stipend basically means that you are being paid below the minimum wages but just enough to cover the expenses of your food lodging health care etc the duties and job requirements of course has to match with the knock code and then the job offer

should also state the same thing. The job offerter should very clearly indicate what the role is about and where you will be performing this role. Education and training. Now, this can become important in several cases where religious workers may have had certain degrees and diplomas in a theological study. And those documents will certainly make a big difference in your application.

As an applicant, of course, you have to show that and you have to demonstrate that you are indeed eligible and qualified to perform this job so if there is any licensing certification required then you should be able to provide that if you have completed any religious education or training or certifications then that would be excellent in your application and if you have any prior relevant

work experience please do provide those documentation because that will greatly impact and influence the decision of your application And now what does the employer have a role to play in this Well of course they should be a religious institution So any kind of CRA documents incorporation documents that establishes them as a CRA registered charity or a CRA registered religious institution that is

excellent to have. Not all of them will have those specific documents. And in that case, it becomes your responsibility to be able to prove that they are indeed following their mandate of promoting the religion, promoting the faith and their activities as well. You should provide documentation to show their activities and their presence within the community.

So any kind of advertising or marketing material that they are using to promote their any additional community support services or even any kind of timetable which made the show the times of worship etc you can use that as well that also works your job offer should have a detailed job description right it should clearly mention what kind of role you'll

be performing but as a religious workers you could largely be within promoting the religious faith itself but this job description the job offer is extremely important as well and of course in some cases IRCC may ask for financial documentation from the institution from the organization so that they are in a position to pay your salaries if indeed that is the case in

your situation. Now obviously in some cases there could be a fee exemption from the employer's compliance fee as well as for the work permit application itself. Here it is largely if you were an unpaid worker and or if you are being paid only a stipend then you may qualify for the exemption of the employer compliance fee as well as the work permit application fees as well.

Unpaid work and the PR trap. Now, of course, a lot of people consider the permanent residence pathway and some of you may be inclined to believe that this work permit may lead you to permanent residence pathway. That is not the case. There is no direct PR pathway through the C50 religious worker work permit. Now, in this case, of course, your work could become eligible towards the express

entry or other PR application streams as long as it's a paid work experience. If it is unpaid work experience, unfortunately, it may not be considered as eligible. And therefore, when you are planning this step and when you're discussing with the religious institutions, this could be one of the points of discussion. If at all, permanent residence is your end goal in this case.

Now, why does C50 applications get refused? Well, if you as an applicant, you are providing very vague or generic job description, which does not indicate that you are going to be performing religious work, then your application may be refused. If you are actually in an administrative role, but you're applying under the C50 LMI exemption code, then again, your administrative

duties or non-religious work may not be considered as eligible and therefore you could get your application refused. You are not providing any suitable or you're not demonstrating sufficient evidence to show that you are indeed eligible to perform this job, that you have the work experience, you have the qualifications, you have the certifications, well, then again, you might

realize that your application is not approved. And finally, the unsupported fee exemption. So, if you are claiming fee exemption, but you're not supporting it with required documentation, again, unfortunately, you might face a negative decision in this application. Finally, as a checklist, first of all, most importantly, you should first confirm whether you are indeed eligible.

So just because you are a sevadar, right? Sevadar basically are people who in their own time would like to come and devote some time at the place of worship as part of the community service, as being a volunteer as helping with the food preparation or you are helping with some other activities within the place of faith always those activities or always those kind of activities may not be eligible for a religious worker work

permit secondly of course you need to have a job offer so you will need to be able to speak to the religious institution and you have to get a job offer from them that is the most important factor which these tiktok videos and reels somehow you know skip over that if your religious institution

is not going to give you a job offer and doesn't give you a job offer as a religious worker then c50 doesn't really apply to you and therefore if you are at all at a whole considering hiring somebody as an immigration consultant or a lawyer and trying to pay them money to do this application

for you when indeed you're not eligible then you might be falling into a trap so please be very careful with that now of course you have to be eligible in the sense of your duties uh your responsibilities they should fit into these the religious workers 4220 for a knock code and of course where this religious institution is also running charitable programs please be careful to

classify your work or your job offer accordingly because when your employer creates the employer portal account and is creating your online job offer on the IRCC website they must choose the correct exemption code when they are paying the fee of 230 dollars compliance fee so that is a very, very important factor. And of course, document remuneration precisely, if at all you're

using any fee exemptions and whether this is going to be paid, unpaid, for that also you need to be very, very careful. If at all you're going to be using this in future for your permanent residence pathways. Definitely having complete documentation, clear documentation with regards to your work experience is extremely important because that is what will establish the genuineness of your

work permit, the generalness of your work, as well as putting you in a position to getting approved. Once again, this is not a PR pathway. Now, for people who are in Canada and who get lured by these videos, TikTok, Reels, etc., knowing what it exactly means is very, very important. So as a

buyer, as a customer, as a person who's going to be getting involved in this, it is your duty, your responsibility to do your due diligence, to do your research. It's not rocket science. If somebody is telling you C50 work permit, all it takes is just a few minutes. Go on to Google, type C50 work permit, check the exemption codes, go on to the IRCC website, see what the website

states. What does it tell you? How does it explain what you need to do? Let me very quickly show you what the IRCC website shows, right? And then you can make up your mind. This is the IRCC website, right? This is the Religious Work C50 Canadian Trust International Mobility Program. They have very detailed explanation of how your application will be assessed in once you make this application

and they will tell you very clearly what is assessing the duties of religious nature. They're telling you this is what religious worker means. They're telling you what a processing fee exemption is. They're telling you what the employer compliance fee is and how it has to be paid. They're telling you what the final decisions look like and how it has to be made. Everything is in

there with the IRCC website. So if you are ever looking or if you're ever considering any of these work comments always head over to ircc website there is all the information available of course there are lots of other videos as well which gives you comprehensive information about these so please don't fall into the trap anytime it feels it's too good to be true or something which is seemingly oh

it is so easy how how did i not see this before or how was it that i did not know this before the reason why you don't know about this or the reason why nobody is talking about it is because it's not that simple straightforward not everybody becomes eligible to apply under the charitable worker or

under the C50 religious worker LMIA work permit exemption. So please be very careful. Do your due diligence. And if you're eligible, that this is a great option for you to be able to promote your religion, to practice your religion, to practice your faith and help in its development. All I can say is keep the faith and peace.