Operational Bulletin 429 - June 1, 2012

This document has expired. Please refer to the appropriate Program Delivery Instructions for current information.

Consideration of R205a) for NOC OAB Francophones destined outside of Quebec

Summary

This Operational Bulletin provides additional guidance to Citizenship and Immigration Canada’s (CIC) and Canada Border Services Agency’s (CBSA) officers for the processing of work permit (WP) applications for francophone temporary foreign workers (TFW) entering occupations with National Occupational Classification (NOC) O, A and B, destined outside of Quebec who have been recruited through Destination Canada or other employment events coordinated with the federal government and francophone minority communities.

Background

As per the FW 1 Temporary Foreign Worker Manual, section 5.29, in assessing significant or cultural benefit, the foreign national’s proposed benefit must be significant, meaning it must be important or notable.

The Canadian interest in the case of francophone foreign nationals destined outside of Quebec is based on Section 3(1)(b) of IRPA – to enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultural character of Canada, and subparagraph 3(1)(b)(i) of IRPA to support and assist the development of minority official languages communities in Canada.

A high-skilled foreign national destined to provinces or territories other than Quebec, when it is assessed that the individual’s level of French language capacity is such that they can work and/or contribute to the community in French may be considered under R205 a).

Guidelines

To benefit from this exemption, WP applicants must initially apply at visa offices abroad.

Consideration of these provisions is intended for applicants who have been recruited through Destination Canada or other events coordinated with the federal government and francophone minority communities and who fall under NOC O, A or B.

The officer should be satisfied that the applicant’s habitual language of daily use is French. Where the officer has grounds to doubt this, an applicant can either be interviewed or requested to provide language results demonstrating at least advanced intermediate skills in French. For this purpose, a Canadian language benchmark (CLB)/ Niveaux de compétence linguistique canadiens of level 7 in the Test d’Evaluation de Français / French Language Assessment Test (TEF) could be requested.

The foreign nationals must be destined to a Province or Territory other than Quebec.

The job offer in Canada does not have to require French language ability under these guidelines as it is anticipated that the TFW will contribute to the community.

WPs should be issued for two years where the job offer and passport validity permit.

As per standard practice, a defensible rationale for the use of R205(a), C10 should be entered in the Global case management system notes or on the Field Operations Support System remarks screen. This is important both for assisting the Case Processing Centre – Vegreville (CPC-V) in dealing with requests for renewals, Border Services officers at ports of entry and for audit purposes. For tracking purposes officers are asked to enter special program code FSB for these cases.

Applicants can not make an initial WP application under this exemption from within Canada. Only renewals of WPs under this exemption will be processed within Canada.

Renewals

Renewals of these WPs will follow standard practice and be submitted and assessed at CPC-V. Because a determination will have been made at the time of initial application that the applicant’s habitual language is French, a re-assessment of the language will not be required inland upon renewal.

The initial guidelines must still be met and applicant must continue to seek NOC O, A or B work outside of Quebec.

Effective Immediately

WP applications submitted outside of Canada on or after June 1, 2012 for Francophones destined outside of Quebec may be considered under R205a) as per the above guidelines.

Date Modified: