Every year, thousands of people wish to find work in Canada and apply for a work visa in Canada. In contrast, many others choose to immigrate to Canada under the skilled categories. In both cases, you will need to find opportunities to work in Canada.
By Yan Desjardins, Regulated Canadian Immigration Consultant.
It is no secret that when it comes to arranged employment to work in Canada, you may find that many organizations, people and even scammers may try to provide you with a fake job offer. Some may even propose immigration schemes for you to work in Canada or immigrate permanently.
But here is the real issue: no one talks about the real consequences of using a fake job offer and what it could mean to you. Let’s take a closer look!
Job offers to immigrate to Canada under the skilled categories
In the context of Canadian immigration, having an offer to work in Canada can substantially help your chances of immigrating to Canada under the skilled categories with the different Express Entry programs.
Many Provincial Nomination programs facilitate employers’ recruitment of foreign candidates to work in Canada. To obtain a nomination from a province, you must find an employer willing to hire you to join their company and work in Canada once you settle in your chosen province. This is often called arranged employment in the context of permanent residence (PR) applications.
This can be helpful to relieve some of the financial requirements when you immigrate to Canada under the skilled categories and also help secure the requirements of some of the Provincial Nomination Programs.
How to spot fake offers to work in Canada
There are quite a few signs that can indicate you have been offered a fake offer to work in Canada. Here are some of the most common.
- Being offered a job to work in Canada when you have not applied or solicited the opportunity;
- The offer to work in Canada is not detailed and vague or may appear generic;
- The employer is demanding money to process the Labour Market Impact Assessment (LMIA) or to apply for a work visa in Canada;
- Or the employer is asking for money in exchange of the offer to work in Canada.
How to spot immigration schemes to work in Canada
These offers are usually easier to identify. The offer to work in Canada might be vague or unsolicited, just like the above. In some cases, you might be asked to provide the fake employer with cash payments to cover your salary and income taxes to the Canadian government. This effectively covers the ‘paper trace’ of the money and makes the job look legitimate. That is a misrepresentation.
Once you have immigrated to Canada, you will have to find a real job to help support yourself and your family since the previous offer to work in Canada was not legitimate. But that’s not all; you could face even harsher consequences if you use a fake job offer to immigrate to Canada under the skilled categories.
What are the consequences of misrepresentation?
When someone commits misrepresentation or acts in a way to deceive immigration officials or prevent them from making an informed decision about their case, they are exposed to many consequences. A reputable Canadian immigration consultant will advise you against any misrepresentation so that your immigration process is safe, legal and without conditions.
In Canada, providing falsified documents and information is an offence under section 40 of the IRPA (Canadian immigration law). It is also a criminal offence for anyone to counsel, aid or facilitate the misrepresentation, as per section 126 of the same law.
How can IRCC report misrepresentation? In two ways:
- When applying for a visa from outside Canada, or in this case, applying for a work visa in Canada, the officer will report the misrepresentation concerns to you in the form of a letter. You will be given a chance to prove the allegations wrong. If the application is refused, for this reason, you will be banned from applying for permanent residence in Canada for 5 years.
- After becoming a PR, you may lose your permanent residence if allegations are made against the misrepresentation of the fake offer to work in Canada. First, an admissibility hearing will be held at the Immigration and Refugee Board of Canada to determine if the allegations are true. If so, you will lose your PR, and a removal order will be issued against you. This also comes with a 5-year ban from applying for residence or to work in Canada.
A finding of misrepresentation will greatly affect your chances of obtaining visas not only for Canada but for other countries also.
What can you do to make an informed decision?
Here are a few tips to help you ensure that you are dealing with a reputable Canadian immigration consultant
- Verify that the consultant is registered with the College of Immigration and Citizenship Consultant (CICC).
- Before accepting an offer to work in Canada, check the IRCC non-compliant employers list.
- Do some market research and compare your results.
- Read more about immigration fraud in Canada. There were numerous articles in the media throughout the years.
- Don’t be afraid to ask questions and ask for documentation.
What are the conditions to work in Canada?
First, to work in Canada, you must obtain a work permit, the only document that authorizes you to work in Canada legally. First, here are some of the conditions to work in Canada.
- Have a valid job offer from a legitimate Canadian employer.
- The employer must not be on the prohibited IRCC list
- If required, have obtained the proper LMIA.
- No criminal background and provide a medical examination and biometrics.
- Demonstrate you will leave at the end of the work in Canada
Immigrating or working is an important life journey in Canada. However, before you embark on this new project, make sure you find the right reputable Canadian immigration consultant for you.
At Phan Immigration, we work to connect communities by creating people-to-people ties and igniting opportunities to elevate the lives of others. We use our network of RCIC partners in Canada to help you reach your immigration goals in a safe and legal matter.
Find out how you can qualify under one of Canada’s immigration programs by taking our self-assessment test today.
