employer immigration audit and compliance review services

EMPLOYER IMMIGRATON AUDIT AND COMPLIANCE REVIEW SERVICES

Evelyn L. AckahManaging Lawyer

Employer Compliance and HR

Human resource professionals are instrumental for employer compliance – now more than ever:

•Employer Compliance Portal•LMIA-TFW Recordkeeping•Preparing for Immigration Compliance Reviews

CIC has become very focused on compliance and tracking how foreign workers are treated and documented

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Employer Compliance and HR

• In 2015 CIC established an Offer of Employment portal that requires employers to also pay a $230 compliance fee

• This process applies to all foreign workers that enter Canada without a Labour Market Impact Assessment (NAFTA, GATS, Intra-company Transfers etc.)

• In order to submit the offer of employment and pay the fee, the employer must first create an Employer Portal

• HR professionals can create the portal and submit the offer of employment on behalf of their employer or they can work with their immigration lawyers

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Employer Compliance and HR• HR professionals who access the employer

compliance portal have access to highly confidential information regarding the company and salaries, benefits etc.

• HR professionals must also keep records of everyone who they have submitted an offer of employment to, in the event the employer is ever audited by CIC

• This is a vital role for HR professionals in the immigration process for non-LMIA employees

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Employer Compliance and LMIAs

• HR professionals are able to submit LMIA applications because these are employer driven applications

• They can communicate with Service Canada regarding LMIA applications and processing

• HR professionals cannot provide immigration advice to a foreign worker they wish to hire that they are doing the LMIA on behalf of

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• HR professionals must keep excellent records of the LMIA application process

• HR professionals must keep all information regarding the LMIA and the foreign worker for 6 years on behalf of the employer

• Must remain in compliance and ensure the employer is meeting all the conditions and requirements of the Temporary Foreign Worker Program

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HR/Employer must proactively advise Service Canada of any changes or errors relating to the foreign worker under LMIA:

•Changes in pay or benefits•Changes in work location•Changes in the position and job duties•TFW not able to obtain Permanent Residence if this was a documented activity in the transition plan

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Employer Compliance Reviews

• 1 out of 4 Employers are randomly selected for a compliance review every year

• Random selection • Online fraud reporting tool • Previous non-compliance

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Types of Compliance Reviews

• Suspensions • Review Outcomes• Inspections• Employer Compliance Reviews • Ministerial Instructions

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TFWP - Suspensions• Are temporary and prevent foreign nationals from

obtaining a work permit while the review is ongoing • When the review is over, employer will be informed

whether the suspension will be lifted and the outcome of the review

• At the end of the review, Service Canada may issue another LMIA with a validity period equal to the period remaining on the original LMIA at the time of the suspension at no additional cost to the employer or the employer may have to resubmit the LMIA

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Review Outcomes

• Satisfactory – employer is compliant with the conditions that were inspected or has justified non-compliance

• Non-compliance – employer is not able to demonstrate compliance with conditions that were inspected or cannot properly justify their non-compliance with the regulations

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Inspections

• Inspections may occur well after the LMIA has been issued and the foreign worker has obtained a work permit and started working

• Inspections can occur anytime from the issuance of the LMIA for a period of 6 years

• The employer is obligated to keep LMIA and recruitment files for 6 years

• Service Canada can conduct site visits without a warrant to interview the employer and any person employed by the employer (with consent)

• Service Canada can also ask employers to copy documents for them, take pictures, examine anything on site, access the employer’s computers or electronic devices

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Consequences for Non-Compliance

• A ban of 1,2, 5 or 10 years or permanent bans for the most serious violations from using the TFW program

• Publication of their name, address, and period of ineligibility published on a public website

• A negative LMIA being issued• Revocation of previously issued LMIAs• Warnings• Monetary penalties from $50 to $100, 000 per

violation up to a maximum of $1 Million over one year

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Conclusion

• HR professionals are highly qualified and knowledgeable regarding immigration matters

• HR professionals are vital stakeholders and an essential bridge between employers and CIC

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For Assistance with Employer Immigration Audit and Compliance Review Services, please contact:

Ackah Business Immigration Law(403) 452-9515 ext. [email protected]

mailto:[email protected]

Employer Compliance

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