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Beware of a Newer Type of Immigration Fraud – Employer-Recommended Consultant Scheme (“ER-C Scheme”)

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There is a new type of immigration fraud out there, particularly affecting graduating international students who are desperate to seek grounds to extend their status in Canada and obtain work.  I will call it the (ER-C) Scheme.

The fraud works this way. IG (international graduate) gets an interview with a Potential Employer (ER). Employer mentions there is a possible job offer coming and that they have a consultant (C) who can assist on the work permit extension application (let us assume IG went to a school that does not offer a PGWP and cannot afford further studies at this stage). (IG) books (C) for a consultation and engages them with legal fees to prepare the entire application. At the very last minute (ER) backs out. (C) acts as though this is entirely out of their control and that this is an unfortunate situation. IG is left stranded. (C) later splits earnings from those legal fees with ER. The IG is now dealing with a status issue and is desperate to find a new opportunity – for which (C) the recommends another option that will bring her further legal fees.

This diverges from traditional fraud methods (fake documents, fake job, fake tax returns) and is dangerous in that it insulates those perpetrating it from the direct attention from immigration unless the victim directly contacts IRCC to report this matter. Given the victim themselves may have status issues precluding them from wanting to make their situation too obvious, there is that additional layer of disincentive. The paper trail between ER and C can be hidden through case only transfers or other gifts exchanged.

How do you prevent this type of fraud?

Always ask the Employer whether the representative they are recommending is their own representative and will be assisting on a dual representation agreement. If not (or if not clear) seek independent legal advice or perform an independent verification of the representative before engaging their services.  Ensure that you do not sign any contracts without clear indication that there will be no financial benefits shared between ER and C.