C20 Work Permit | Reciprocal Employment

This service is for foreign workers and Canadian employers relying on a reciprocal employment arrangement.

It may be suitable for:

• multinational companies with international mobility programs;
• organizations with formal employee exchange agreements;
• academic or institutional employment exchanges;
• employers that place Canadian employees in international offices;
• workers participating in reciprocal global staffing programs;
• applicants working under qualifying cultural agreements;
• organizations establishing a new reciprocal exchange;
• C20 work permit holders seeking an extension;
• applicants with previous C20 refusals; and
• employers that need to determine whether C20 or another exemption code applies.

A reciprocal employment arrangement must provide genuine opportunities for Canadians or permanent residents abroad. Access to a global labour market, without evidence of reciprocal employment, is generally insufficient.

This service may also assist with determining whether another pathway, such as an intra-company transfer, free trade agreement work permit, Francophone Mobility permit or LMIA-based work permit, is more appropriate.

Legal representation for a C20 work permit application may include eligibility review, reciprocity analysis, evidence planning, Employer Portal guidance, application preparation and legal submissions.

Eligibility and Strategy

• assessment of eligibility under paragraph 205(b);
• review of whether C20 is the correct exemption code;
• analysis of the reciprocal employment arrangement;
• review of the number, duration and level of exchanges;
• assessment of new or established exchange programs;
• review of the proposed occupation and applicant qualifications;
• assessment of licensing or medical requirements;
• review of prior refusals or officer concerns; and
• consideration of alternative work permit pathways.

Evidence and Documentation

• review of exchange agreements;
• review of human resources and international mobility policies;
• review of Canadian and foreign employee placement records;
• review of letters from participating institutions or international offices;
• review of cultural agreement documentation where applicable;
• review of the employment agreement, duties, wage and work location;
• review of the applicant’s education and work experience; and
• organization of the reciprocity evidence into a clear application record.

Evidence may include an exchange agreement, a letter from the receiving institution, the offer of employment, an international mobility policy, exchange data or a letter from the appropriate governing body under a cultural agreement.

Application Preparation

• preparation or review of required work permit forms;
• guidance on the Employer Portal offer of employment;
• review of the C20 exemption rationale;
• review of the job duties, NOC, wage and employment period;
• drafting of legal submissions addressing reciprocity and eligibility;
• review of consistency across the Employer Portal submission, forms and evidence; and
• monitoring of IRCC correspondence through to a decision.

Complex Situations

Legal representation may be especially useful where the employer has no previous exchange history, the numbers are imbalanced, the positions differ in duration or seniority, reciprocity exists across several countries, the arrangement is informal, the Employer Portal offer has already been submitted incorrectly, or a previous application was refused.

Legal assistance is recommended where the reciprocal employment arrangement requires a structured explanation or supporting data.

This may include situations where:

• there is no formal exchange agreement;
• reciprocal opportunities exist through several international offices;
• the exchange is not one-for-one;
• the employer is introducing a new mobility program;
• the employer has brought more foreign workers to Canada than Canadians sent abroad;
• the positions differ in duration, occupation or seniority;
• historical exchange records are incomplete;
• the Employer Portal explanation does not clearly establish reciprocity;
• the employer selected the wrong exemption code;
• the applicant does not clearly meet the occupational requirements;
• the application involves a cultural agreement;
• the applicant has a previous refusal; or
• a C20 extension requires updated reciprocity evidence.

C20 applications may be refused because reciprocity was not established, the arrangement appeared one-sided, the exchange data was insufficient, the Employer Portal explanation was unclear, the job offer was not considered genuine, or the applicant did not meet the occupational or general work permit requirements.

Where reciprocity is not established, IRCC may refuse the application or advise that an LMIA is required.

A refusal should be reviewed before reapplying. Depending on the circumstances, the next step may involve requesting GCMS notes, correcting the Employer Portal offer, preparing a stronger application, requesting reconsideration or seeking judicial review at the Federal Court.