Ackah Business Immigration Law offers Immigration Compliance Audit Services

2. EMPLOYER IMMIGRATON
AUDIT AND COMPLIANCE
REVIEW SERVICES
Evelyn L. Ackah
Managing Lawyer

3. Employer Compliance and HR
Human resource professionals are instrumental for
employer compliance – now more than ever:
•Employer Compliance Portal
•LMIA-TFW Recordkeeping
•Preparing for Immigration Compliance Reviews
CIC has become very focused on compliance and tracking
how foreign workers are treated and documented
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4. Employer Compliance and HR
• In 2015 CIC established an Offer of Employment portal
that requires employers to also pay a $230 compliance
fee
• This process applies to all foreign workers that enter
Canada without a Labour Market Impact Assessment
(NAFTA, GATS, Intra-company Transfers etc.)
• In order to submit the offer of employment and pay the
fee, the employer must first create an Employer Portal
• HR professionals can create the portal and submit the
offer of employment on behalf of their employer or they
can work with their immigration lawyers
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5. Employer Compliance and HR
• HR professionals who access the employer
compliance portal have access to highly
confidential information regarding the company and
salaries, benefits etc.
• HR professionals must also keep records of
everyone who they have submitted an offer of
employment to, in the event the employer is ever
audited by CIC
• This is a vital role for HR professionals in the
immigration process for non-LMIA employees
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6. Employer Compliance and LMIAs
• HR professionals are able to submit LMIA
applications because these are employer driven
applications
• They can communicate with Service Canada
regarding LMIA applications and processing
• HR professionals cannot provide immigration
advice to a foreign worker they wish to hire that
they are doing the LMIA on behalf of
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7. Employer Compliance and LMIAs
• HR professionals must keep excellent records
of the LMIA application process
• HR professionals must keep all information
regarding the LMIA and the foreign worker for 6
years on behalf of the employer
• Must remain in compliance and ensure the
employer is meeting all the conditions and
requirements of the Temporary Foreign Worker
Program
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8. Employer Compliance and LMIAs
HR/Employer must proactively advise Service Canada
of any changes or errors relating to the foreign worker
under LMIA:
•Changes in pay or benefits
•Changes in work location
•Changes in the position and job duties
•TFW not able to obtain Permanent Residence if this was
a documented activity in the transition plan
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9. Employer Compliance Reviews
• 1 out of 4 Employers are randomly selected for
a compliance review every year
• Random selection
• Online fraud reporting tool
• Previous non-compliance
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10. Types of Compliance Reviews
• Suspensions
• Review Outcomes
• Inspections
• Employer Compliance Reviews
• Ministerial Instructions
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11. TFWP - Suspensions
• Are temporary and prevent foreign nationals from
obtaining a work permit while the review is ongoing
• When the review is over, employer will be informed
whether the suspension will be lifted and the
outcome of the review
• At the end of the review, Service Canada may
issue another LMIA with a validity period equal to
the period remaining on the original LMIA at the
time of the suspension at no additional cost to the
employer or the employer may have to resubmit
the LMIA
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12. Review Outcomes
• Satisfactory – employer is compliant with the
conditions that were inspected or has justified
non-compliance
• Non-compliance – employer is not able to
demonstrate compliance with conditions that
were inspected or cannot properly justify their
non-compliance with the regulations
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13. Inspections
• Inspections may occur well after the LMIA has been issued and the
foreign worker has obtained a work permit and started working
• Inspections can occur anytime from the issuance of the LMIA for a
period of 6 years
• The employer is obligated to keep LMIA and recruitment files for 6
years
• Service Canada can conduct site visits without a warrant to
interview the employer and any person employed by the employer
(with consent)
• Service Canada can also ask employers to copy documents for
them, take pictures, examine anything on site, access the
employer’s computers or electronic devices
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14. Consequences for Non-Compliance
• A ban of 1,2, 5 or 10 years or permanent bans for
the most serious violations from using the TFW
program
• Publication of their name, address, and period of
ineligibility published on a public website
• A negative LMIA being issued
• Revocation of previously issued LMIAs
• Warnings
• Monetary penalties from $50 to $100, 000 per
violation up to a maximum of $1 Million over one
year
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15. Conclusion
• HR professionals are highly qualified and
knowledgeable regarding immigration matters
• HR professionals are vital stakeholders and an
essential bridge between employers and CIC
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16. For Assistance with Employer Immigration Audit
and Compliance Review Services, please contact:
Ackah Business Immigration Law
(403) 452-9515 ext. 100
evelyn@ackahlaw.com
www.ackahlaw.com

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18. Employer Compliance
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