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Although hiring foreign workers can be highly beneficial for Canadian employers, this practice also comes with its own fair share of responsibilities. As an employer of foreign workers, you will need to prepare for immigration audits, compliance reviews, and other mandatory steps enforced by the Canadian government. This might seem a little daunting, but you can approach your responsibilities confidently alongside an experienced Canadian business immigration lawyer. Our lawyers can help you prepare for your upcoming audits and reviews and guide you through proactive steps to avoid unnecessary issues.
Why is Compliance Important if I Employ Foreign Workers in Canada?
The Canadian government takes compliance quite seriously for employers of foreign workers. These employers can expect even greater scrutiny in 2026 and beyond, as the government is now taking a much tougher stance on immigration.
Many employers know that in order to hire most foreign workers, they must first complete a Labor Market Impact Assessment (LMIA). Even if you satisfy the requirements of the LMIA when you first hire foreign workers, circumstances could change in the future. A major goal of the Canadian government is to periodically confirm whether employers still meet LMIA requirements, even years after gaining initial approval.
Another concern of the Canadian government is the potential exploitation and abuse of foreign workers. Within the past few years, evidence of scams and unlawful hiring practices has come to light. Reviews and audits can help detect this unlawful activity and protect vulnerable foreign workers.
What is an Immigration Audit in Canada?
The phrase “immigration audit” may refer to various processes under Canadian law. The International Mobility Program involves potential inspections, and this is one potential example of an immigration audit. The purpose of these inspections is to detect abuses and non-compliance. Some employers may never face these inspections, as the government conducts them on a somewhat random basis. However, you might also face an inspection if the government suspects you are not compliant.
The government will almost certainly inspect you if it becomes aware of a potential issue under the Quarantine Act or the Emergencies Act arising from your hiring practices. If there is an outbreak of a communicable disease at your workplace and you have hired foreign workers, the government will also likely conduct an inspection.
What is a Compliance Review in Canada?
A compliance review generally falls under the Immigration and Refugee Protection Regulations (IRPR). If the government suspects that you violated these regulations, they can conduct an inspection. The government also has the right to inspect you if you violated one of these regulations in the past. Sometimes, inspectors visit workplaces at random.
During a compliance review, the government can look at your LMIA decision letter. They can also investigate how you treated your temporary foreign workers over the past six years. In order to collect information, the inspectors might interview your temporary foreign workers and ask them about potential abuses. That said, inspections aren’t always in person. The government may conduct an inspection virtually, perhaps interviewing you and your workers via video conferencing. In order to prepare for these inspections, you might want to review the 29 working conditions inspectors consider when determining whether you are treating your workers properly.
What Proactive Steps Can I Take When Preparing for Audits and Reviews?
The most obvious proactive step you can take as a Canadian employer is to carefully make and maintain important records. You are legally required to keep all records related to your foreign hiring and employment practices for at least six years. During an audit or review, officials may ask you to produce these documents. If you fail to do so, you could face serious consequences. Not only that, but missing records might also make it more difficult to prove that your employment practices comply with Canadian law.
Which records should you keep as an employer of foreign workers in Canada? First, you should set aside all documents related to your LMIAs. This includes the LMIA decision letter and any annexes. You should also set aside and store any documents related to the Immigration and Refugee Protection Regulations (IRPR).
Remember, some audits and inspections are random, but others occur if the government suspects you might be non-compliant. As a result, it is important that you do not give the government any reason to suspect non-compliance. The government could become aware of potential issues in various ways. First, they might receive a complaint from an employee. The government might also begin to suspect misconduct if you submit incorrect documentation.
To avoid these potential issues, consider creating an internal process to handle complaints from your foreign workers. With this approach, you can address issues without getting the government involved. Be careful to pay your workers their proper wages and avoid any potential abuses.
You should also double-check any documents you submit to immigration authorities in Canada. If this information is incorrect or questionable, it may raise suspicions. This could trigger an audit, inspection, or review. Instead, work with an experienced immigration lawyer to draft or review these documents before submission, as this should help you avoid needless errors and raised suspicions.
Can a Canadian Immigration Lawyer Help Me?
A Canadian immigration lawyer can help you navigate immigration audits and compliance reviews with confidence. If you are new to hiring foreign workers, education on compliance could be crucial. Even if you have been working with foreign employees for years, the Canadian government tends to change its policies abruptly. A Canadian immigration lawyer keeps one eye on these changes while you focus on running your business. With their careful guidance through proactive steps, you can ensure total compliance while avoiding unnecessary issues. Contact Ackah Business Immigration Law at (587) 404-5692 or visit us online to learn more.
