In order for the applicant to be eligible for the exemption (whether under R204 or R205), it must be determined that the applicant possesses a high standard of "specialized knowledge". For entries pursuant to R205, the applicant must be offered a wage given consistent with the Canadian prevailing wage.
To have specialized knowledge any ICT applicant would be required to demonstrate, on a balance of probabilities, a high degree of
both proprietary knowledge
and advanced expertise.
Proprietary knowledge is company-specific expertise related to a company’s product or services. It implies that the company has not divulged specifications that would allow other companies to duplicate the product or service.
Advanced proprietary knowledge would require an applicant to demonstrate:
- uncommon knowledge of the host firm’s products or services and its application in international markets; or
- an advanced level of expertise or knowledge of the enterprise’s processes and procedures such as its production, research, equipment, techniques or management.
An advanced level of expertise is also required, which would require specialized knowledge gained through
significant (i.e. the longer the experience, the more likely the knowledge is indeed “specialized”) and
recent (i.e. within the last 5 years) experience with the organization and used by the individual to contribute significantly to the employer’s productivity.
In assessing such expertise or knowledge, officers consider:
- abilities that are unusual and different from those generally found in a particular industry and that cannot be easily transferred to another individual in the short-term;
- the knowledge or expertise must be highly unusual both within the industry and within the host firm;
- it must be of a nature such that the applicant’s proprietary knowledge is critical to the business of the Canadian branch and a significant disruption of business would occur without the applicant’s expertise; and
- the applicant’s proprietary knowledge of a particular business process or methods of operation must be unusual, not widespread across the organization, and not likely to be available in the Canadian labour market.
IRCC considers specialized knowledge to be knowledge that is unique
and uncommon; it will by definition be held by only a small number or small percentage of employees of a given firm. Specialized Knowledge workers must therefore demonstrate that they are key personnel, not simply highly skilled.
The onus is on the applicants to provide evidence that they meet this standard. Documentary evidence may include, but is not limited to, the following:
- a resume
- reference letters
- letter of support from the company
- job descriptions that outlines the level of training acquired
- years of experience in the field
- degrees or certifications obtained in the field
- list of publications and awards (where applicable)
- a detailed description of the work to be performed in Canada.
When determining if a foreign worker indeed holds specialized knowledge, officers can look at the following elements to better guide their opinion/decision:
- What level is the position’s National Occupational Classification (NOC)?
- Is a diploma or degree required for the position sought?
- How many years of experience does the foreign worker have with the foreign company?
- How many years of experience does the foreign worker have in the industry?
- What duration of experience was necessary to actually acquire said knowledge?
