Canada tightens immigration point system to curb fraud tied to job selling

Further tightening:

Temporary foreign workers who apply to become permanent residents through Canada’s immigration system will no longer get additional points if they have a job offer that’s supported by a Labour Market Impact Assessment (LMIA), Immigration minister Marc Miller said Tuesday.

The move will reduce fraudulent activities in Canada’s Express Entry System, which is an online platform that manages Canada’s skilled immigration programs, the minister said at a press conference.

“We are implementing further measures that will reinforce program integrity and reduce potential LMIA fraud, such as removing additional points that candidates receive under Express Entry for having a job offer,” he said. “This measure is expected to remove the incentive for candidates to purchase an LMIA resulting in increased fairness and integrity in the system.”

The latest move seems to be a continuation of the steps taken by the federal government to reduce the number of newcomers entering the country amidst rising unemployment and a housing crisis. The move was announced on the same day that Statistics Canada reported the country’s slowest quarterly population growth estimate since the first quarter of 2022.

Employers can use Canada’s temporary foreign worker program to hire foreign workers, but they often need to prove that they aren’t able to find a worker for that specific position in Canada. In order to do that, they must receive a federal government document called the Labour Market Impact Assessment (LMIA).

About 71,300 LMIAs were approved by the government in the first quarter of this year, compared to 63,300 during the same period last year. Most applications were for farm workers, cooks, food-counter attendants, truck drivers and construction labourers.

Some groups, however, illegally sell LMIA-approved jobs at extremely high rates to foreigners who are either outside the country or are already in Canada and are looking for ways to boost their immigration score in order to transition from temporary to permanent resident status…

Source: Canada tightens immigration point system to curb fraud tied to job selling

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

Bribes, fake jobs and the ‘desperate’ situation facing Canada’s temporary residents

Of note, the impact of the government’s partial reversal of previous ill-advised policies:

What’s a person looking for a chance to become a permanent resident to do?

Already in Canada but with work permits expiring, many temporary residents are facing limited prospects for permanent residence under the federal government’s scoring system. The rankings are supposed to be based on personal attributes such as age, education and language proficiency, which count for points.

But since Ottawa started cherry-picking candidates on its priority list last summer, many would-be candidates with higher scores are finding the odds stacked against them. Desperation has prompted some to essentially bribe their way to job offers to boost their chances.

“The abuse … of LMIAs has been going on since time immemorial,” said Peter Veress, who has worked in the immigration consulting industry for 27 years and is based in Calgary. “But because of the massive numbers (of temporary residents) that we’re talking now, I’m hearing it more and more.

“It’s become more open because people are more desperate.”

At the heart of the abuse allegations is the Labour Market Impact Assessment, an evaluation process to verify an employer’s need to hire a foreign worker to fill a vacant position. A positive LMIA is proof of an arranged employment in an immigration application, worth an additional 50 to 200 points for a candidate, depending on how important the job position is. 

Last month, in announcing a reduction in the number of temporary residents in Canada to slow down the country’s population growth amid a housing crisis, Employment Minister Randy Boissonnault acknowledged the problem and said he’s committed to cracking down on the misuse of the temporary foreign worker program.

“I don’t want anybody putting up a job that is then used to lure somebody here to take an LMIA,” said Boissonault. 

“This is not what it’s designed for. If we find and actually locate people who are doing that, then the authorities will get involved.”…

Source: Bribes, fake jobs and the ‘desperate’ situation facing Canada’s temporary residents

Immigration rule changes needed to stop jobs-for-sale scam, experts say

More on a broken immigration system and the incentives to game the system of international students and LMIAs. Blaney’s suggestion to no longer provide points to students with a LMIA job worthy of consideration:

…Immigration consultant Earl Blaney said the College the needs to do more to hunt down and discipline its members involved in LMIA fraud.

Mr. Blaney said “the huge volume of international students” wanting to stay and work in Canada was fuelling the sale of LMIA jobs, which could bring with them 50 or more points toward gaining permanent residence.

He suggested, to deter the buying of jobs, international graduates applying for permanent residence should be disqualified for including points accrued from an LMIA job. Mr. Blaney said the scam, which requires employers to advertise jobs and prove that a Canadian is not available to do them, is also robbing Canadians of employment.

“They are not advertising jobs to Canadians in any way,” he said. “Canadians come last for sure.”

Source: Immigration rule changes needed to stop jobs-for-sale scam, experts say

Ottawa urged to clamp down further on immigration employment scam

Ottawa is being urged to crack down on an immigration scam where people hoping to find jobs in Canada are being forced to pay tens of thousands of dollars to potential employers – and a fee to immigration consultants – to find jobs here.

The federal Immigration Department last year altered regulations to try to put a stop to employers charging people fees for a job in Canada under the Temporary Foreign Worker Program, which is designed to fill jobs where no Canadians or permanent residents are available for the role.

But immigration experts say that, despite the clampdown by Immigration, Refugees and Citizenship Canada, some temporary foreign workers are still being exploited and made to pay large sums to secure a job in Canada.

The Globe and Mail has spoken to immigration consultants, lawyers and immigrants concerned about the scam where would-be immigrants pay to get a Canadian employer to apply for a Labour Market Impact Assessment (LMIA), a document showing there is a need for a temporary foreign worker. Once an employer obtains the LMIA from Employment and Social Development Canada (ESDC), the worker can apply for a work permit.

The Globe also found open discussions on social media, including by an immigration consultant, talking about people in India paying to obtain an LMIA job.

LMIAs are used to fill a wide variety of vacancies: unskilled jobs, including those in the catering, hospitality and retail sectors, as well as semi-skilled and skilled jobs.

The Immigration Department told The Globe and Mail it was aware of scams involving LMIA fraud, but had taken steps last year to guard against them with changes to regulations.

“Sectors identified as high risk for LMIA fraud receive an enhanced assessment to validate the employer’s business operations and the human resource needs,” the IRCC said in a statement.

Earl Blaney, a registered immigration consultant from London, Ont., said the demand for payment from migrants to get jobs in Canada was still “pervasive” and was also being used as a route to settling in Canada.

He said some foreign graduates who have studied in Canada but whose postgraduate work permits have run out are paying to stay in the country and get a semi-skilled LMIA job, such as a retail supervisor. Semi-skilled LMIA jobs confer 50 points toward obtaining permanent residence, he said.

Mr. Blaney said the temporary foreign workers program was set up to address labour-market shortages but has led to “profiteering” by some unscrupulous employers and immigration consultants who are splitting payments from immigrants.

“The market rate is about $50,000, but they are selling them [LMIAs] for higher,” he said. “This is staple if you are trying to get to Canada. It’s pervasive. It’s not just India, its everywhere. It’s illegal for immigration consultants or lawyers to charge for this. But crooked consultants will start the process and they don’t even know if it is going to be approved by ESDC. If it is approved, the $5,000-$7,000 fee goes up to $40,000 to $70,000 to $80,000.”

Last year, the federal government brought in changes to regulations to make sure temporary foreign workers are not charged for their own recruitment.

“To mitigate concerns about the financial exploitation of temporary foreign workers, employers must commit to not charge or recover from workers any fees related to recruitment,” the IRCC said in a statement. “Employers must also ensure that any third party who recruits temporary foreign workers on their behalf does not charge or recover such fees from the temporary foreign workers.”

The changes to the regulations also ensure temporary foreign workers get an employment contract on their first day of work. It must match the offer of employment, with the same wages and working conditions.

But one immigration lawyer, whom The Globe is not naming as he feared reprisals, said some who paid to get an LMIA job have arrived here from India to find they have no employment, or have to work long hours for virtually no pay.

He said employers or consultants and lawyers are continuing to ask migrants to pay approximately $60,000 to $70,000 to come to Canada for employment.

He said individuals are often willing to pay such a high amount because they would otherwise not qualify for immigration through other pathways in Canada. The majority of the money goes to the employers and around $10,000 to $20,000 is taken by the lawyer or consultant who files the application for the LMIA, he said.

Work permit holders are willing to pay so much, and often struggle with rampant abuse in the hope of becoming a permanent resident, the lawyer added.

The IRCC said all employers submitting an LMIA application are subject to “a genuineness assessment.”

“The Government of Canada takes its responsibility to protect the health and safety of temporary foreign workers, as well as the integrity of the Temporary Foreign Worker [TFW] Program, very seriously. We are aware of cases where people are scammed. We have taken concrete actions to ensure this doesn’t occur,” it said in a statement.

Earlier this year Ottawa launched an inquiry into a scam involving international students who faced deportation after being given bogus acceptance letters from colleges by consultants.

Source: Ottawa urged to clamp down further on immigration employment scam

New temporary foreign worker pilot program to speed up approvals for some employers

Good critical comments by Banerjee and Skuterud regarding possible abuse and the ongoing favouring of reduced labour costs to employers. That being said, for repeat users, simplification has merit but as in so many areas of immigration policy, these change fail to address the immigration-related challenges of housing, healthcare and infrastructure:

The federal government is making it easier for businesses to bring temporary foreign workers into Canada, announcing a new “recognized employer” program aimed at speeding up the approval process for companies with a track record of using foreign labour.

The three-year pilot program is designed to reduce the amount of paperwork companies need to submit to justify bringing in outside workers.

It’s the latest expansion of the temporary foreign worker (TFW) program, whose use has exploded over the past year as the federal government has eased restrictions on short-term foreign labour. And it comes alongside a record surge in immigration, which is increasing the country’s labour supply but also adding demand to Canada’s overheated housing market and public services.

Randy Boissonnault, the new Minister of Employment, Workforce Development and Official Languages, said the change to the TFW program would “cut red tape” and help companies manage widespread labour shortages.

The move was applauded by the Canadian Chamber of Commerce, which has long lobbied for a trusted employer carveout in the TFW program.

Some labour economists, however, warned that further expansion of the program could undercut wages in Canada and make it more difficult to identify companies that are exploiting vulnerable workers.

“It could be a good thing for addressing kinds of critical labour shortages,” said Rupa Banerjee, the Canada Research Chair in economic inclusion, employment and entrepreneurship of Canada’s immigrants at Toronto Metropolitan University.

“But if this kind of a system is not really closely monitored, scrutinized, audited, it’s easy for sort of mundane and everyday examples of abuse and exploitation to kind of become even more rampant in the system,” she said.

As it stands, companies need to submit a Labour Market Impact Assessment (LMIA) before applying to hire temporary foreign workers. The purpose of the LMIA is to show that there are no Canadians or permanent residents who are able to fill the job.

Under the new system, employers who can demonstrate “a history of complying with program requirements” will be given a three-year approval to bring in temporary foreign workers, and won’t have to submit an LMIA before each application. Eligible employers will need to have had three successful LMIAs in the past five years for workers who are deemed to be “in-shortage,” and will be subject to a “more rigorous upfront assessment,” the government said in a news release.

The pilot program will be open to agriculture businesses in September and employers from all other industries starting in January.

This is the second notable change to the TFW program in just over a year. Last spring, the federal government said companies could hire up to 20 per cent of their staff through the program’s low-wage stream, up from the previous 10-per-cent cap. And in seven industries with acute labour shortages – such as restaurants, construction and hospitals – the cap was moved to 30 per cent for a year, then extended to this fall.

The TFW program is largely used as a recruitment tool for farm workers. During the first quarter of this year, employers were approved to hire more than 25,000 workers through agriculture streams, according to figures published by Employment and Social Development Canada, which decides on LMIA applications. General farm workers are easily the most sought-after role in the TFW program, with more than 22,000 approved positions in the first quarter.

But as Ottawa has eased access to foreign labour, employers have ramped up their recruitment of low-wage employees from abroad. Companies were approved to fill about 22,000 roles through the program’s low-wage stream in the first quarter, an increase of about 275 per cent from four years earlier. Cooks are the No. 2 occupation of highest demand, with nearly 3,000 positions approved from January through March. Truck drivers, food counter attendants and seafood plant workers are also in high demand.

Diana Palmerin-Velasco, senior director of the future of work at the Canadian Chamber of Commerce, welcomed the announcement and said it could improve access to the TFW program for smaller employers.

“There are whole sectors of the economy that are dependent on temporary foreign workers,” Ms. Palmerin-Velasco said. “What we have heard from our members is that it’s not that easy for employers. There is a lot of administrative burden, it can be a very complex application process. And when we think about small businesses, it’s not really accessible.”

Mikal Skuterud, an economics professor at the University of Waterloo, questioned the government’s rationale for expanding the program. The Canadian labour market has been exceptionally tight over the past year-and-a-half, as demand for workers has outstripped supply. However, in recent months, job vacancies have been trending down and the unemployment rate has risen.

“We’ve had a 25-per-cent reduction in job vacancies since May, 2022, and if you measure labour market tightness, that’s also been dropping,” Prof. Skuterud said.

He added that recent research into temporary foreign workers suggests that they tend to suppress wage growth within companies that use them. “And so we’re going through a period where real wages for low skilled workers in this country are not increasing. The most recent data looks like they’re decreasing. And so it’s all about where this government’s priorities are,” he said.

Source: New temporary foreign worker pilot program to speed up approvals for some employers

ICYMI: Ottawa poised to ease rules for temporary foreign worker program

Getting rid of the LMIA, if followed through as the Minister indicated, is significant:

The federal government is setting the stage for a loosening of temporary foreign worker rules after vocal complaints from Canadian employers that recent Conservative changes went too far.

A Liberal-dominated House of Commons committee has completed a report on options for altering the controversial program and will make the recommendations public next month when Parliament resumes.

The report is expected to acknowledge the need for temporary foreign workers in specific sectors and will stress the importance of providing foreign workers with options to become permanent Canadian residents. The number of foreign-worker approvals has been on the decline in recent years in light of a softer jobs market in some regions and tighter rules brought in by the Conservatives after high-profile allegations of abuse in the program.

The report by the human-resources committee was completed in June but wasn’t made public in time for the summer recess. The government has said it is waiting on those recommendations before moving ahead later this year with changes to the program. However, Immigration Minister John McCallum tipped the government’s hand this week in an interview with The Globe and Mail in China when he said the Liberal government will make it easier for companies to bring in foreign workers.

“We’re also going to reduce some of the barriers and the silly rules … in order to give companies freedom to bring in the best and the brightest,” said Mr. McCallum. “We’ll get rid of many of these [required] labour-market impact assessments which slow things down enormously.”

A spokesperson in Mr. McCallum’s office said the minister’s reference to silly rules relates to some of the restrictions that apply to visiting professors. The spokesperson also noted that the minister has said the government is looking at waving labour-market impact assessments in certain cases where that would help attract top talent to come to Canada.

“What the minister wants to do is just find a middle ground,” said the spokesperson.

A labour-market impact assessment is a government screening process designed to ensure there is a legitimate need for a temporary foreign worker and that no Canadian is available to do the job. The minister said the Conservative changes went too far and the Liberals are trying to strike an “intermediate” position. Government officials stressed Wednesday that no final decisions have been made.

Opposition MPs on the committee said Wednesday that the minister’s comments reflect the view of the Liberal majority that worked on the report.

Conservative MP Bob Zimmer, the committee vice-chair, said Mr. McCallum’s comments are “absolutely” in line with the conclusions of the yet-to-be-released study.

“The government was wanting to go in one specific direction and wanted the report to back them up,” he said. Mr. Zimmer said he agrees with the Liberals that there are some legitimate industry needs for foreign workers, but that requests need to be constantly weighed against economic realities.

“The conditions in our economy simply have changed,” he said. “He can’t just say broadly that we need them absolutely. We always need to be looking at what our economy is doing.”

Source: Ottawa poised to ease rules for temporary foreign worker program – The Globe and Mail