Tag Archives: immigration fraud

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.

Remorse Should Go Two Ways: Lessons Learned Fighting Immigration Fraud in Vancouver

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As a lawyer, I ultimately have two major loyalties. The first, to my client, to ensure to defend their interest to the best of my ability and legal knowledge. The second is to the public, to justice, to ensure that the actions I take are always above board, ethical, defendable and do not bring our sacred justice system into disrepute.

Balancing both those obligations I have some ideas on how we can combat immigration fraud and improve our system. For those who have read my previous writing, this may sound like a broken record. However, until someone listens and does something, I figure I will keep playing it.

When it comes to immigration fraud there is one predominant narrative. This is the painted picture of the capricious wealthy immigrant looking to exploit the Canadian immigration system, buy up all of the expensive houses to the populous is left homeless, and then off they go back to their home country to feed their cycle of deceit and fraud. Their practitioner, an often unlicensed overseas or domestic agent, aiding and abetting in systematic manipulation meanwhile making a handsome living on their own.

I do not disagree that these type of individuals do exist and this narrative happens. I have seen a couple that pass by for consultations from time to time. I generally do not like taking on their cases. Not because I do not believe everyone does not deserve equal representation but in a high-volume practice such that I have now, I prefer to help those who need my help the most and who gravitate to me for the right reasons. I cannot professionally take fees where I may have concerns over their originating source of the funds and I prefer not to take cases where I have credibility concerns as to the person providing me material information.

All this being said, in the past three years I have seen a different narrative as well. In that process I have come across countless other immigrants. Shaded and silenced now because of the overwhelming narrative which keeps them at home, often isolated, with few friends and a new world of fear. They want to speak but feel so voiceless. They feel victimized by those fraudulent agents that purported to help them and now they feel resigned to defeat by a country set with an agenda upon deporting them back to their home countries.

Before you stop reading any further – give me just a few seconds to make my case:

Imagine yourself, not fluent in a language, accepted as a permanent resident into a new country with rules and law much different than your own. You are here, but everyone views you as not one of them. Your job interviews highlight that you are overqualified, compensation proposed is low, opportunities out of reach. You go to school with young adults half your age and see them one by one obtain opportunities. You struggle to raise a child who needs their other parent. The astronaut thing that is presented as a scheme is actually a living hell.

Your Permanent Resident Card is about to expire. You look in the local newspaper (it is the only one you can read without having to consult a dictionary or your neighbour that you barely know) and you see the name of someone in a sharp suit. They look established, a good go-between, they say they are professional, licensed, with a high success rate. You come from a country where reputation is everything and usually those with the best reputation are the ones who are advertised.  

You go to their office – located in a central downtown office. Business license on the wall. Attractive employees in their high heels walking to and fro. Business seems booming. The person at the front is courteous and professional. They re-iterate the company’s strong performance, say a few things in your native language about what documents are required and the process, and they say leave it with us. We will guarantee your success.

You appreciate their confidence. You provide them the documents within a few weeks. They send you a contract in English – you cannot read it but you assume it is right. You sign. They provide you some forms, it seems filled in but most importantly it came from the company you trusted. You sign. The forms are submitted and you never keep a copy. You get notice you are successful. You pick up your card. You are happy.

Five years go by.  Out of the blue Canada Border Services Agency flags you. You have misrepresented. You are a crook. You are now an immigration criminal. A liar. A misrepresenter. A burden on society.

I would say seven out of ten cases I am currently seeing following this exact pattern.

Part of the appeal process for these individuals (after they are issued their exclusion orders and assuming they are a permanent resident have the right of appeal), is to demonstrate remorse. They do so by apologizing to those involved and telling their family, friends and employers about what happened. For a culture that values privacy, this is a deeply shameful process. The apologies that are spoken are genuine and are sincere. However, most time the sorry is not enough, too late. It does not matter if they truly had no clue that the mistake was made indirectly by the agent. This lie is treated exactly the same as a deliberate lie in terms of punishment under our laws for misrepresentation.

Should We Be A Little Remorseful Too?

On behalf of some Canadians (I am sure a majority will respectfully disagree), I will provide some remorse of my own. I am sorry we didn’t welcome you as a country with more open arms. I am sorry we did not knock on your door to introduce ourselves or offer to help when you were stumbling with the menu at the restaurant next door. I am sorry that we did not invite you and your spouse to interview or give them that raise when we gave it to everyone else. I am sorry that our legal profession was not diverse enough to provide you with competent assistance in your principal language. I am sorry that our rules and regulations were not tight enough to keep these fraudulent businesses (which outnumber legitimate shops) from obtaining a business licenses because their $56 dollars was all we needed from them. I am sorry that we allowed you to access clearly fraudulent services from the back of newspapers that we had no clue were in circulation in public spaces because we do not read them and cannot regulate them.

There is no excuse for fraud. Two rights do not and never should make a right. But put yourself in the shoes of someone, for just one second, who needs assistance and also gets victimized. Twice. First, by an incompetent practitioner. Second, by a competent society still allowing for too much incompetence and fraudulent animus to pervade in our day to day business.

There are actions that can be taken quickly to try and prevent fraud so we do not end up turning the immigrant deportation process into not a costly play involving two unwilling sides.

First, the Canadian federal government can actively step up in reaching out to foreign governments to step up their regulation of fraud. As these businesses are likely also assisting in capital flight and fraud in these countries, it likely will not be hard to find some willing partners.

Second, the Canadian government can invite a roundtable of relevant parties – regulatory bodies, provincial and civic immigration bodies, to come up with some strategies. This could involve a public relations campaign in different languages (which Immigration, Refugees and Citizenship Canada has started to do but with limited scope), and most importantly to create new regulations. If a business is applying for a business license but does not have the required professional license or good standing to do the work they purport to do – that business license needs to be withheld. Free newspapers should understand their civil liability to advertise only information that is accurate and not fraudulent. Criminal charges, where currently dissuaded under the legislative regime, could be implemented.

Third, we need to figure out the language thing immediately. I would almost purport that all new immigrants be required as part of their permanent resident process to enroll in government sponsored English programs. While it is a positive step that many immigration programs now require a level of basic competence, more must be done. There also need to be more regulators involved in the immigration system who also speak third-languages or hire those who speak third languages and can investigate into wrong-doing. One of the major challenges with the recent massive fraud investigations was that it took several years to get together, during which time more victims continued to add to the cycle of fraud.

I think if these three steps are taken – along with the appropriate firm but fair messaging that the Government is capable of promoting, we can better insulate those who are unwilling victims of fraud from those who are its true perpetrators.

Protecting Yourself From Canadian Immigration Employment Fraud – Three Preliminary Steps

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Introduction

Unfortunately, as I have blogged and written about on numerous occasions, there are way too many cheaters currently operating in the global world of Canadian immigration consulting, recruiting, and employment of foreign employees. There’s a whole other issue of incompetent practitioners, but in this post I want to tackle those who purposely are operating fraudulent schemes.

I feel for the victims. Being cheated on is absolutely devastating, regardless of what context. Immigration cheating is another level – individuals quit their jobs, take their kids out of school, and prepare several steps in order to begin what is expected to be a hopeful journey to Canada. All of this to find out there is no job, no position, no work authorization, and no prospects of anything other than heartbreak and financial loss.

This blog post is not a panacea to those challenges. Excellent, well-operated schemes may require competent legal experts to untangle. However, a majority of schemes are so bad and so illegal that a few steps should be able to get to the bottom of it.

So here goes….

1) Read the Contract and Research the Company (Get Advice if Necessary) – In many countries, contracts don’t carry that much legal weight. They carry a lot of weight in Canada. They especially do in the Employment Context.Fraudsters try and put together something fancy looking and expect that you will sign it without reading because it “looks official” and “Canadian.” Especially for non-English speakers, a fancy seal or clauses may immediately give you a false sense of trust. Every clause needs to be read and advice sought on every clause that smells fishy.

Prior to signing your name, consider some of the following (basic W’s)

  • Who are you contracting with? An employer or an agent? What is there name? Do you have any independent proof they exist?
  • What is the content of your contract? Many of these fake contracts are doctored up by individuals with no legal or business experience. Are the terms of the contract even feasible? For example I’d be very concerned if a contract contained clauses that didn’t clearly set out a salary, a location of employment, or necessary immigration steps that needed to be taken prior to effecting the contract.
  • Where is the contracting party located? Start with a basic google/baidu/whatever your country uses search? Where are their offices located? Do they have any other employees? Are they listed in local business guides? Have you performed a Linkedin search? Is the same contracting party the one hiring you? A related issue is whether your work is to be performed at a specific “location”, but that will be a topic of a whole separate future post.
  • When are you expected to start? Begin your immigration process? Hiring a foreign worker is not easy. Any job that states you can come next week with a simple “visa” or “work visa” should raise red flags. Any company that asks you to pass over money to assist in your own hiring is an absolute red flag! There are strict rules against employees paying for their own Labour Market Impact Assessment fees. Companies that ask you to pay a “lump sum” to the company for your own work permit or visa processing fees in the contract should be viewed with some suspicion.
  • Are there third-party agents involved? This should be an immediate red flag, particularly if the agents are from a foreign country and not located in the country you are getting your job in. Recruitment agencies are regulated (although not enough) in Canada, but arguably roam free globally. Be very careful when dealing with them and their purported job offers.
  • How are the companies aesthetics? Do they have a reputable website? Are there pictures of corporate executives/employees listed? Does the contract have a corporate letterhead? Is the signatory page properly effected?

2) Key = Find a Local Canadian Liaison

You don’t necessarily need a lawyer but you need someone knowledgeable and trustworthy on the ground who can make inquiries. At the very least, they need to be able to go to the company that offered you the job, knock on the door, and confirm that the company exists and that you are indeed the chosen candidate of the company.

I would not sign a contract until I have at least that personal knowledge or knowledge of a trustworthy individual.

3) Watch Your/The Communication

As giddy as you may be to get an awesome job offer from a company, make sure to protect your own personal identity. Don’t send information to anyone, definitely without solicitation and always cautiously when solicited. My general rule is I want at least a phone call or a Skype meeting with an individual before I sent personal information outside of my email signature.

Carefully track the communication – who is responding to the emails? Are they professional (do you know their name?)? Are they asking for reasonable requests?

If you have any doubts, remember a simple Google search is your friend (although not always a perfect one). If it is indeed a fraud or a scam there are likely other experiences. If the individual has provided fake contact information, it will likely come up as spam in a Google search. Several consumer protection sites exist that also look at the roots of domains. If a website purported to be a well-established Canadian business is showing up as a recently created site from the United States, red flags should definitely be raised!

Here’s to a fraud-free Canadian immigration system 🙂