Refugees and Migration

The United Church of Canada employs recognized ministers and church workers from abroad. The following immigration regulations apply to clergy who are foreign nationals.

Clergy on Visitor Visas

Clergy who come to work for the church or transfer in to The United Church of Canada from outside of Canada must have their immigration status in order.

According to subsection 186(l) of the Regulations to the Immigration & Refugee Protection Act (enacted June 28, 2002)

"A foreign national may work in Canada without a work permit
(l) as a person who is responsible for assisting a congregation or group in the achievement of its spiritual goals, and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group or provide spiritual counselling"

• Clergy or charitable/church workers who apply to enter Canada from outside Canada require a letter authorizing their employment from their potential employer (congregation, presbytery and/or Conference structures) to access a visitor visa with clergy exemption.
• Clergy or charitable/church workers already in Canada on visitor visas must apply to Canada Immigration, Vegreville, for a change to their visa (i.e., clergy exemption 186(1)) before beginning work for the church. They must include letters of authorization from the employer(s) in their application.

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Visitor Visa Restrictions

Visitor visas with clergy exemption are usually good for one year, renewable, and apply to the church/charitable institution named in the application.

Clergy must ensure not to let their visitor visa lapse and thereby loose their "status" in Canada. The renewal process may take six weeks; service fees do not apply. Clergy whose visas have lapsed are "out of status" and subject to removal notices.

As visitors to Canada, clergy and their families

• cannot access provincial or federal health programs-private health care insurance is advisable
• cannot work outside of the named church without employment visas
• may find school-age children encounter expensive foreign residency fees

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Clergy as Permanent Residents

Clergy who are in Canada as "permanent or landed residents" have most of the rights of citizenship and can access all social and education services.

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Clergy as Refugee Claimants

Foreign clergy, with any prospect of employment in Canada, should be counselled not to enter a refugee claim, because this does not guarantee "status" in Canada.

If the refugee claim subsequently proves unsuccessful, the refugee claimants (clergy and family) may be asked to leave the country immediately and denied access to a visitor visa (within or outside of Canada). Clergy who are failed refugee claimants will have to apply as independent immigrants from outside Canada-an expensive, restrictive, and slow process.

Congregations should be cautioned not hire refugee claimants on a long-term basis because they may not be able to fulfill the terms of the contract.