Dozens fined for breaking rules of Ontario immigrant program that has come under scrutiny

Of note. Good that some have been caught:

Ontario has issued $509,100 in penalties against 77 legal representatives and employers for breaking the rules of a program that gives the province the power to pick immigrants who best suit its labour needs.

That’s the total amount of fines levied since the introduction of a provincial law in 2018 that established an administrative and enforcement regime to ensure the integrity of the Ontario Immigrant Nominee Program (OINP). 

The fast-growing program — which has seen a tripling of allocated spots from 6,000 in 2018 to 21,500 in 2024 — was the focus of a critical report by the Auditor General last year that revealed “weaknesses” in its ability to prevent and detect misrepresentation. 

Under the program, a foreign national needs a certificate of nomination from Ontario before applying for permanent residence through the federal Immigration Department. There are nine OINP streams, including three that require a job offer by an employer in the province. 

Those fined include a lawyer, 21 immigration consultants and 55 employers, according to a freedom-of-information request made to the Ontario Ministry of Labour, Immigration, Training and Skills Development.

The violations include failing to provide information that is accurate, correct and not misleading, or failing to make “reasonable efforts” to ensure that in applications, the ministry said on its website.

Between 2018 and 2024, program staff issued 6,506 notices of intent to refuse an applicant’s nomination application, said the ministry. Out of those, 2,703 ended up being rejected after further inquiries. Notices of intent are issued when an individual’s qualifications and information are in question….

Source: Dozens fined for breaking rules of Ontario immigrant program that has come under scrutiny

Les faux représentants en immigration, un véritable fléau

Good series in Le Devoir on immigration consultants and fraud:

…Consultants « fantômes », faux avocats, usurpateurs d’identité de vrais consultants : de plus en plus de faux représentants font payer des services d’immigration sans être autorisés à les dispenser, selon les informations compilées par Le Devoir.

Au Québec et dans le reste du Canada, il n’est pas obligatoire d’avoir recours à ce genre d’intermédiaire pour déposer une demande en immigration, quelle qu’elle soit. Mais à partir du moment où quelqu’un facture ce genre de services, il doit en revanche être impérativement autorisé : avocat membre du Barreau du Québec, consultant membre du Collège des consultants en immigration et en citoyenneté (CCIC) ou encore notaire à la Chambre des notaires du Québec.

Le problème est difficile à appréhender dans son ensemble, notamment parce que plusieurs entités opèrent de l’étranger et en dehors de la loi. Mais s’il n’y a qu’une pointe de l’iceberg à déceler, elle est déjà immense : dans la dernière année, le CCIC a fait fermer plus de 5000 pages Web et de médias sociaux qui faisaient la promotion de praticiens non autorisés.

Sur le terrain

Dans un contexte où les restrictions en immigration rendent de plus en plus difficile le renouvellement des permis de travail, d’études ou encore l’accès à la résidence permanente, « les faux représentants sont devenus un vrai fléau », dit Louis-Philippe Jannard, coordonnateur du volet protection de la Table de concertation des organismes au service des personnes réfugiées et immigrantes.

« C’est un problème endémique dans certains quartiers », abonde aussi Camille Bonenfant, organisatrice communautaire à la Clinique pour la justice migrante. Lorsque des membres de son équipe se déplacent pour donner des ateliers d’information, c’est presque « systématique » : les personnes rencontrées « s’approchent et nous montrent une carte d’affaires d’une personne qui n’est enregistrée nulle part ».

« C’est sûr qu’il y a une augmentation », tranche aussi Dory Jade, qui soulève le problème depuis 20 ans. Il est directeur général de l’Association canadienne des consultants professionnels en immigration et a eu connaissance des plus grandes comme des plus petites fraudes : « Il y a des cas qui ont payé des centaines de milliers de dollars à des individus qui leur ont fait miroiter qu’ils pouvaient les emmener au Canada », raconte-t-il.

Ou encore des gens qui ont vendu toutes leurs possessions pour obtenir des papiers… qui ne sont jamais arrivés, poursuit M. Jade….

Source: Les faux représentants en immigration, un véritable fléau

Other articles in the series: Des usurpateurs aux faux avocats : la jungle des consultants en immigration, Des solutions pour contrer les consultants fantômes en immigration, Quand le rêve canadien vire au cauchemar | Parcours

… “Ghost” consultants, false lawyers, identity thieves of real consultants: more and more false representatives are charging immigration services without being authorized to dispense them, according to information compiled by Le Devoir.

In Quebec and the rest of Canada, it is not mandatory to use this kind of intermediary to file an immigration application, whatever it may be. But from the moment someone charges for this type of service, he must be authorized: a lawyer member of the Barreau du Québec, a consultant member of the Collège des consultants en immigration et en citoyenneté (CCIC) or a notary at the Chambre des notaires du Québec.

The problem is difficult to understand as a whole, in particular because several entities operate from abroad and outside the law. But if there is only one tip of the iceberg to detect, it is already huge: in the last year, the CCIC has closed more than 5,000 web and social media pages that promoted unauthorized practitioners.

In the field

In a context where immigration restrictions are making it increasingly difficult to renew work permits, study permits or access to permanent residence, “false representatives have become a real scourge,” says Louis-Philippe Jannard, coordinator of the protection component of the Consultation Table for organizations serving refugees and immigrants.

“It’s an endemic problem in some neighborhoods,” says Camille Bonenfant, community organizer at the Clinic for Migrant Justice. When members of his team travel to give information workshops, it is almost “systematic”: the people met “approach and show us a business card of a person who is not registered anywhere”.

“It is certain that there is an increase,” says Dory Jade, who has been raising the problem for 20 years. He is Director General of the Canadian Association of Professional Immigration Consultants and has learned of the biggest and smallest frauds: “There are cases that have paid hundreds of thousands of dollars to individuals who have made them think they could take them to Canada,” he says.

Or people who sold all their possessions to get papers… who never arrived, continues Mr. Jade….

USA: Despite grand claims, a new report shows noncitizen voting hasn’t materialized

No surprise. Unfortunately, will not change many minds:

After President Trump and many other Republicans warned that vast numbers of non-U.S. citizens would influence last year’s election, states and law enforcement have devoted more resources than ever before to root out those ineligible voters.

More than six months into Trump’s second term, they haven’t found much.

New research out Wednesday tracking state government efforts across the country confirms what election experts have said all along: Noncitizen voting occasionally happens but in minuscule numbers, and not in any coordinated way.

“Noncitizens are not a large threat to our election system currently,” said David Becker, the executive director of the Center for Election Innovation & Research (CEIR), which conducted the research. “Even states that are looking everywhere to try to amplify the numbers of noncitizens … when they actually look, they find a surprisingly, shockingly small number.”

Source: Despite grand claims, a new report shows noncitizen voting hasn’t materialized

This licensed Canadian immigration consultant was impersonated by a fraudster. How migrants are being scammed by ‘ghost agents’

Sigh…:

About a year ago, immigration consultant Kerry Molitor started to get email alerts from the Immigration Department: letters for her clients had been sent to her online account. The problem was she had never heard of these clients.

Concerned about the consequences of the missed letters intended for the actual study and visitor permit applicants, she reported the incidents to immigration officials. 

Then last August, Molitor stumbled upon an Instagram account that used her name and her old office address and promoted a website that looked almost like hers. She clicked on the link that led her to an immigration company that showed her as the CEO, but with the photo of a white male. It also posted a fake licence certificate purported to be hers.

“These people are committing frauds in my name,” said Molitor. “I’m very fearful for the people that are contacting these scammers because I’ve had several victims or potential victims contact me to verify. They are getting a lot of attention, a lot of customers. According to Instagram, they’ve been active since December 2023.”

For a long time, the immigration consulting industry has been tackling the “ghost agents” who pretend to be accredited consultants. Canadian law only allows a consultant licensed by the College of Immigration and Citizenship Consultants and a lawyer by a law society to give immigration advice for a fee.

But with business increasingly conducted online, combating these frauds — many of them originating abroad — is getting even harder.

Someone looking for help in immigration may come across a fake website or post on social media, find a matching name on the directory of the regulator and fall into the trap.

While the professional reputation of the impersonated consultants is certainly at stake, victims of the scammers ultimately pay the price as their applications will likely never be filed, or they will be refused for not having all the required documents….

Source: This licensed Canadian immigration consultant was impersonated by a fraudster. How migrants are being scammed by ‘ghost agents’

Jamie Sarkonak: Immigration needs to work for Canadians, not rule-breakers from abroad

Two minds on this decision. On the one hand, the judge was emphasizing the welfare of children, on the other hand, clearly fraudulent refugee case. And will the family be actually deported once the school year is over?

…Ministers have the power to step in and block deportations — I have no problem with that — but the government shouldn’t be obligated to carry out lengthy procedures designed to give those here illegally every shot at staying. In a country with supposedly fixed borders and social supports, it shouldn’t take this much state capacity to remove those who aren’t cleared to be here.

On the criminal front, it’s just as bad. Due to court precedent, Canadian judges are obligated to consider “immigration consequences” when sentencing non-citizen offenders. In some cases, it results in a sentence discount: nightclub gropers and drunken burglars from abroad have received lighter sentences under this rule to give them a greater shot at remaining in Canada.

There are plenty more legitimate refugees, and otherwise law-abiding non-citizen newcomers who are eager to adapt to Canadian life and get on the path to citizenship. Let state resources go to supporting them, and not people who abuse our rules to harm others and extend their already illegal stays.

Canadians deserve a system that works for them, not outsiders. Let that be a change that graces us in 2025.

Source: Jamie Sarkonak: Immigration needs to work for Canadians, not rule-breakers from abroad

Canada’s immigration minister weighs crackdown on fake job offers in permanent residence applications

Overdue:

Migrants trying to boost their chances for permanent residence by securing an employer’s sponsorship could soon lose the advantage as Ottawa is looking to crack down on fraudulent job offers for immigration purposes.

In a meeting with the Star’s editorial board, Immigration Minister Marc Miller said he is weighing removing the extra points permanent residence applicants could earn through a positive labour market impact assessment (LMIA) submitted by an employer.

Under the current system that awards points based as applicants’ attributes such as educational achievements and work experience, a job offer sanctioned by Employment and Social Development through the labour market assessment is worth 50 bonus points in an increasingly competitive candidate pool.

With Ottawa’s recent plan to reduce immigration levels, more and more employers and recruiters are preying on desperate international students and foreign workers with expiring status by selling fake job offers.

“There’s a value to LMIA but it can’t be $70,000 on the black market or the grey market,” Miller said Wednesday. “Not prejudicing people that have bona fide LMIAs, but it’s a balancing act. I think it’s safe to say I’m seriously considering it.”…

Source: Canada’s immigration minister weighs crackdown on fake job offers in permanent residence applications

Fake letter leaves Nigerian international student without status, asked to leave Canada

Yet another example of unscrupulous consultants and lack of real time due diligence. Appears that about 2.4 percent of all applications include fraudulent letters:

The new letter of acceptance verification process began on Dec. 1, 2023. Before it began, the department acknowledged many students “sincerely” came to Canada to study, but some who knew about the fake letters had “no intent” of studying.

Between that day and July 1, IRCC said it has caught 9,175 letters that were never issued by a Canadian school.

Those 9,175 letters were out of a total of 361,718 letters checked by IRCC and the schools.

These letters “may be an indicator of fraud,” IRCC wrote in a statement, but each one will need to be checked by an officer.

The department declined to make anyone available for an interview, and agreed to answer questions only by email.

It said it is “focused on identifying culprits, not penalizing victims” of fraud.

In response to questions about Akinlade’s case and why IRCC believes she knew about the fake letter, IRCC pointed back to its officer’s decision based on the “balance of probabilities.”

“Applicants are responsible for all the information on their application,” IRCC wrote, noting that Akinlade had an opportunity to address the officer’s concerns.

Onus on the applicant

Sandhu said it’s not clear to her exactly why IRCC believes Akinlade knew the letter was fake.

“If we’re going off of hunches, I feel that most officers can be very skeptical when it comes to applicants that claim they were victims of a rogue agent.”

Sandhu acknowledged that Canadian immigration rules put the onus for everything in the application on the applicant.

“Even though you may have used an agent, you are still supposed to be aware of everything,” she said.

Akinlade said she has learned a “lesson” about finding a reliable agent to help her, but she believes if IRCC looks again at her case it will find she was not complicit in the fake letter.

Her lawyer is submitting her humanitarian application to IRCC in the coming weeks but the application does not give her any right to stay in the country, and it is not clear how many months it could take to process.

“I really want to be investigated,” she said, adding that the whole experience has been “traumatic” for her family.

“This is not something I pray for my enemy to experience.”

Source: Fake letter leaves Nigerian international student without status, asked to leave Canada

ICYMI: Canada’s immigration loophole abused by an airline employee who allegedly admitted Indians with no visa

Ever wonder why there are secondary checks from CBSA officials or contractors?

A former British Airways employee has allegedly fled to India after being arrested for allegedly helping Indian citizens get around immigration laws so they could claim asylum in Canada.

As initially reported in The Times of London on Tuesday, the employee who worked at Heathrow airport in London, U.K., is said to have enabled people without proper documentation to get on flights to Canada so that they could claim asylum upon entering the country. He allegedly charged £25,000 per person or about $43,000. The alleged scam is estimated to have made 3 million pounds or over $5.1 million.

After taking the money from the Canada-bound asylum seekers, the 24-year-old former employee allegedly told them to fly from India to the U.K. on a temporary visa.

According to the Times of London, Canadian immigration officials raised concerns after noticing an influx of people flying to Toronto or Vancouver without proper documentation, and claiming asylum.

Normally, airline employees would check if passengers are eligible to fly to their destination, but, using his position at British Airways, the 24-year-old was allegedly able to falsely claim that his victims had the proper documentation for travel to Canada. The former employee’s process was allegedly to make sure that the prospective immigrants came to his check-in desk at the airport. Later, he would allegedly meet them again during the boarding process and falsely report they had the correct documents a second time.

The former British Airways employee was arrested on Jan. 6, but after making bail, he and his partner, who also worked for British Airways, allegedly fled to India, where he reportedly owns multiple properties and is still on the run from U.K. and Indian authorities. If he is captured, India and the U.K. have an extradition treaty.

British Airways, said in a statement to National Post that they “are assisting the authorities with their investigation.”

This is not the first time that Indian citizens have entered Canada on false pretences. Over the past half-decade, dozens of Indian students faced deportation after unknowingly using falsified acceptance letters to Canadian universities.

National Post reached out to Immigration, Refugees and Citizenship Canada for comment, but did not hear back before publication.

Source: Canada’s immigration loophole abused by an airline employee who allegedly admitted Indians with no visa

Campaign to crack down on fake immigration lawyers aims to protect newcomers from ‘scam artists’

Perennial problem:

Newcomers to Canada often turn to lawyers to help them navigate the ins and outs of the immigration system. But increasingly, in Montreal, people posing as immigration lawyers are taking advantage of immigrants and refugees, which can cause serious problems.

The Montreal Bar is investigating a growing number of allegations of people posing as immigration lawyers, leading it to warn newcomers to be vigilant.

“The impact and the consequences are quite significant,” said David Ettedgui, president of the Montreal Bar. That’s why the bar has launched an awareness campaign to “prevent people from falling victim to these scam artists,” he said.

In 2022, nearly 40 per cent of the bar’s investigations into the illegal practice of the profession of law were related to immigration, up from 13 per cent in 2018, Ettedgui said.

The fake lawyers often approach their victims on social media and can end up costing victims hundreds or thousands of dollars.

“They’ll go to their victims, say that they are lawyers, take on their files and if they do it at all, most often it’ll be poorly done,” Ettedgui said.

The bar’s campaign will reach people online and through community groups with links to new immigrants and refugees. It aims to raise awareness about the risks and help prevent newcomers from falling into a trap. It includes links to verify a lawyer’s credentials and information about where to file complaints…

Source: Campaign to crack down on fake immigration lawyers aims to protect newcomers from ‘scam artists’

Miller to provinces: If you can’t fix international student rackets then feds will

Some stronger messaging from the feds:

The federal government is prepared to crack down on dubious post-secondary institutions that recruit international students if provinces aren’t up to the task, Immigration Minister Marc Miller warned Friday.

Miller made the comments as he announced new rules to curb fraud and “bad actors” in the international student program, following an investigation this summer into more than 100 cases involving fake admission letters.

Provinces are responsible for accrediting schools that can accept international students, which include both public universities and colleges as well as private institutions.

In his final months in the role former immigration minister Sean Fraser raised concerns about the number of private colleges in strip malls and other venues that rely on international student tuition, but in some cases offer a meagre education in return.

Several advocacy groups, including the Migrant Workers Alliance for Change have highlighted cases of student exploitation by some of those intuitions.

Miller said Friday the international school program has created an ecosystem that is “rife with perverse incentives,” and that is very lucrative for the institutions and for provinces that have underfunded their post-secondary schools,

“The federal government is coming forward and opening its arms to our provincial partners, territorial partners, to make sure we all do our jobs properly,” Miller said at a press conference at Sheraton College in Brampton, Ont. Friday.

“If that job can’t be done, the federal government is prepared to do it.”

The immigration department counted 800,000 active study permits at the end of 2022, a 170 per cent increase over the last decade.

“What we are seeing in the ecosystem is one that has been chasing after short term gain, without looking at the long term pain. And we need to reverse that trend. But it will take time,” he said.

Ontario in particular has “challenges” when it comes to the accreditation of post-secondary intuitions, but it is not the only one. Miller did not elaborate on what those specific challenges are.

The Ontario Ministry of Colleges and Universities did not answer specific questions, but said in a statement the provincial government will “again ask for a meeting with the new federal minister to discuss the planned changes once they’ve been communicated with ministry.”

Sarom Rho, an organizer with the Migrant Workers Alliance for Change, said the “fly-by-night colleges” are sometimes partnered with public institutions. But even those can be exploitative, she said.

She said she is working with a group of students who paid tuition up front to one of those intuitions, but were asked for more money just weeks before class enrolment began.

“The school said, ‘Well, if you don’t have the money, you can go back home, earn some and come back,'” Rho said Friday.

She said the federal government must take up the accreditation of colleges and universities that accept international students.

“They are aware of the substandard nature of these institutions, these fly-by-night private colleges,” she said.

Also on Friday Miller announced new rules in the federal government’s jurisdiction to address fraud and “bad actors” in the international student program.

Miller’s department plans to set up a system to recognize post-secondary schools that have higher standards for services, supports and outcomes for international students in time for the next fall semester.

The standards could include adequate access to housing, mental health services, and a lower ratio of international to Canadian students, Miller said, though the criteria hasn’t been finalized.

Details about how exactly recognized schools and institutions would benefit under the new system will be released later, the minister said. As an example, he said applicants for those schools would be prioritized when it comes to processing their study permits.

“Our goal here is to punish the bad actors to make sure that they are held accountable, and reward the good actors who provide adequate outcomes for the success of international students,” the minister said.

The details of that system will be important, Rho said, especially since students often fear speaking out because of their precarious status in Canada.

“Migrant student workers should not be caught in this … carrot and stick system,” she said.

“What will happen to those who do go to the schools that are ‘bad actors?’ They will also be punished. So instead, what they need is protections and equal rights.”

The department is also looking to combat fraud by verifying international students’ acceptance letters from Colleges and Universities.

The extra verification is a reaction to a scheme that dates back to 2017, which saw immigration agents issue fake acceptance letters to get international students into Canada.

The department launched a task force in June to investigate cases associated with the racket. Of the 103 cases reviewed so far, roughly 40 per cent of students appeared to be in on the scheme, while the rest were victims of it.

The task force is still investigating another 182 cases.

“The use of fraudulent admissions letters has been a major concern for my department this year and continues to pose a serious threat to the integrity of our student program,” Miller said, adding that international students are not to blame.

The new rules come as a welcome development to the National Association of Career Colleges, the group’s CEO said in a statement Friday.

“We welcome the opportunity to work with the federal government to improve our international student system by building greater trust and security, supporting Canadian communities, and ensuring that Canada’s immigration programs are student-centred,” the CEO, Michael Sangster said in a statement.

Source: Miller to provinces: If you can’t fix international student rackets then feds will