What IRCC changed on August 13
Under “Eligibility” in its reciprocal employment general guidelines (paragraph R205(b), administrative code C20), IRCC removed two paragraphs of officer guidance. One said the foreign national must be currently employed by the company abroad, and that starting work only after arriving in Canada would not allow an exchange of knowledge or experience. The other said an employer–employee relationship must already exist in the organization abroad before the application is submitted.
The current instructions no longer state prior employment abroad as a C20 eligibility condition. This can matter where a Canadian organization wants to hire someone through an established reciprocal employment arrangement even though that person has not already worked for the related organization outside Canada.
What still has to be proven
- The applicant needs a genuine offer of employment in Canada that creates or maintains reciprocal employment for Canadian citizens or permanent residents abroad.
- The employer should explain in the offer how reciprocity exists, and the applicant should submit evidence showing how the C20 requirements are met.
- The reciprocity does not have to be directly between two countries. A multinational organization can show that it creates or maintains similar opportunities for Canadians at different offices.
- The applicant must still meet the general work permit requirements under the Immigration and Refugee Protection Act and its Regulations.
How officers assess reciprocity
Exact one-for-one reciprocity is not required, but the overall scale of the exchanges should be reasonably similar. Officers may consider the number of workers, the proportion of Canadians employed abroad, the length of the employment and the level of the positions.
An organization with no history of exchanges may initially receive only a small number of permits. One with a demonstrated history may have some flexibility from year to year if it shows that the exchanges are similar over a reasonable period of time, for example five years.
Evidence that can support a C20 application
- An exchange agreement between the Canadian organization and the foreign party.
- A letter from the Canadian institution that will receive the worker.
- An offer of employment that explains the reciprocal arrangement.
- Documents or data on the volume of exchanges, which officers may also ask for.
- For categories based on a cultural agreement, a letter from the appropriate governing body where the instructions require one.
Practical takeaway
Before filing, make the arrangement easy to verify. Identify the Canadian position, connect it to the organization’s international opportunities, quantify the exchange where possible and explain any imbalance. Check the live IRCC instructions on the filing date, because officer guidance can change again.