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Immigration Compliance Audits for Employers

Blog posted on by Evelyn Ackah in Compliance and HR Audits and Compliance Audit Services

Immigration Compliance Audits for Employers

Corporate Compliance Audits:
Before you receive a call from the government – Be Prepared

Many companies hire foreign workers to fill a worker shortage or to bring in needed skills that they can't hire from the local workforce. Business immigration regulations change rapidly and can be confusing. Canadian companies that hire temporary foreign workers must ensure that they comply with all applicable immigration program regulations. Ackah Law proactively works with employers to provide guidance on maintaining compliance. Ackah Business Immigration Law Compliance Audit Services can assist employers to prepare for a Compliance Review/Inspection and ensure that your organization complies with Immigration, Refugees and Citizenship Canada’s (IRCC) Temporary Foreign Worker Program (LMIA) and the International Mobility Program (LMIA exempt) requirements.

Working closely with your HR or compliance department,

  • We help companies maintain procedures and records that ensure and document immigration compliance
  • We help employers implement systems to access compliance documentation
  • We identify compliance issues and advise you how to minimize any potential liability and implement new procedures to avoid future issues

Penalties for corporate immigration compliance violations can range from warnings to public announcements to monetary fines to jail time.

According to IRCC regulations:

Under the International Mobility Program (IMP), all employers, apart from those exempted from the employer compliance regime, who make an offer of employment to a foreign national referred to in subparagraph R200(1)(c)(ii.1) of the Immigration and Refugee Protection Regulations (IRPR) must comply with the conditions imposed under section R209.2. An employer may be inspected to ensure they have met the imposed conditions.

If you are selected for a Compliance Review, are you prepared?
After an exhaustive process, you finally have the skilled workforce your business needs. The Canadian government has an aggressive compliance regime that could include reviews and inspections at your place of work. Compliance reviews will be focusing on the attestations and declarations made on the LMIA forms under the Temporary Foreign Worker Program as well as the Offer of Employments made under the International Mobility Program. You need to ensure your business remains in compliance with the terms of the programs at all times.

An IRCC immigration compliance inspection can include:

  • On-site inspections
  • Documentation in response to requests for information
  • Interview with foreign-born employees

There are 3 triggers for an IRCC compliance inspection:

1. Known past non-compliance

An employer who has previously been found non-compliant with IMP or TFWP conditions.

2. Random selection

Verification of employer compliance based on a random selection model.

3. Reason to suspect

Receipt of information relating to an employer using the IMP and giving an officer reason to suspect non-compliance with 1 or more of the conditions set out under IRCC section R209.2.

Federal, Provincial and Territorial Compliance

Employer's work permit application for Temporary Foreign Worker Program (LMIA) and International Mobility Program (LMIA exempt) must comply with all federal, provincial and territorial requirements, laws, benefits and entitlements and workplace standards.

International Mobility Program IMP:
Employer-specific work permits with Labour Market Impact Assessment exemptions

Did you know that any increase in the Alberta Minimum Wage affects the terms of LMIAs? Do you know how to ensure you remain in compliance with the prevailing wage for the location where your Temporary Foreign Workers work? Do you know how long you are required to keep all documents and information regarding your Temporary Foreign Workers?

If your organization obtained an LMIA or employed workers through the International Mobility Program with an Offer of Employment on/or after December 31, 2013, Ackah Business Immigration Law can assist clients before a Compliance Review is initiated by:

  • Reviewing initial Offer of Employment/LMIA for compliance with Federal, Provincial and Territorial Employment and Recruitment legislation at the time the offer was sent
  • Assessing Offer of Employment/LMIA and comparing the terms to current Federal, Provincial and Territorial Employment and Recruitment legislation to ensure continued compliance
  • Reviewing the current Position Description and comparing it with the duties described in the initial Offer of Employment/LMIA as well as the actual current duties performed by the TFW to ensure compliance with ESDC
  • Providing a tracking document to assist you in maintaining information that ESDC will require in the event of a Compliance Review/Investigation
  • Providing a checklist of documents that are commonly requested during a Compliance Review
  • If there is a risk of non-compliance, we will provide suggestions for you to rectify
  • Reviewing the public domain to ensure your company’s digital presence reflects continued engagement in the business activities indicated in the Offer of Employment
  • Ensuring policies are implemented to ensure the conditions of the workplace are compliant with all standards (free from financial, sexual, physical and psychological abuse)

Contact Ackah Law Today at (403) 452-9515 Ext. 100 or 1-800-932-1190 or email: contact@ackahlaw.com

Evelyn L. Ackah, BA, LL.B.

Founder/Managing Lawyer

Ms. Ackah is passionate about immigration law because it focuses on people and relationships, which are at the core of her personal values. Starting her legal career as a corporate/commercial ...

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