Navjot S. Dhillon Malpractices by Immigration Consultants Mar-8-2017 In the light of a study on immigration consultants.
The Canadian Constitution is based upon the fundamental principle of Supremacy of God and Rule of Law. I strongly believe in Canadian Constitution and strongly believe that all laws and principles that were formed before, and are being formed are based upon this fundamental principle. It is an obligation of all citizens, businesses and any other entities to follow this fundamental principal. Canadian department of Immigration and Citizenship sets out guidelines, rules and procedures in Canada Gazette for the people who wish to come to Canada and be a part of Canada. But, some immigration consultants for the purpose of their sole interests bend rules and guidelines set by ministry and law and gain personal benefits at the sake of violation of charter of rights of other individuals. They find out soft-corners in guidelines and then find their own ways to achieve their personal interests. For example: Posting fake job positions just to obtain LMIA approvals for foreign workers. Such job listings are usually posted for pre-hired candidates, to whom the employer had already promised a support for application for a LMIA. Immigration consultants approaching local businesses can be seen quite often. Immigration consultants approach businesses and encourage them to obtain LMIA approvals, which they sell for hefty amounts. Earlier in 2016, the average price for a truck driver LMIA was $40,000 (cash). After the Minister of Immigration Refugees and Citizenship Canada changed some rules in Express Entry in Nov, 2016, this price has been reduced to $10,000. Consultants educate business owners about the immigration policies for foreign workers and the ways they can hire a foreign worker and earn Tax-Free income. Examples of some of these fake job postings are attached to this brief. This mostly happens in small businesses with one owner being in-charge of full operations. Some examples can be seen in food, trucking, construction, and retail industries. Why are such practices more common with small business? Because: Page 1 of 5
It is easy to approach the owner of the business. Lucrative tax free cash income. The situation is even worse in the case of international students. International students (after their studies) struggle to find a job that will help them with getting residency and the right path is a long way full of uncertainties; as a result, they have to seek help from immigration consultants. Consultants, easily ask for $15,000 to $20,000 to find an employer who will support their application for permanent residency. Before Nov 2016, the average rate was $30,000. Almost 50% of this amount is shared with business owners. Such practices are mostly adopted by the immigration consultants, I have never seen any immigration lawyer going this route. This exploitation is not just limited to money. Female students are often being asked for sexual favours. A friend of mine, who graduated in 2014, could not find a job that could support her file to permanent residency (because of the rules and regulations of express entry). She had to seek help from an immigration consultant and she got an employer. After a few months of employment, her employer started asking for unreasonable favours and as result she had to leave that city and change her job. Now, once again she had to pay another $10,000 to her immigration consultant to help her find a new job. She could not report it because she was afraid that it would affect her application for residency negatively. This is just one example out of many others and immigration consultants play a significant role in this. Immigration consultants educate business owners about how they can earn tax free cash income. If a business hires a foreign worker or international student through an immigration consultant and helps with their application for permanent residency, the agreed wage rate is never paid. Attached is an example of a job posting for a Construction Supervisor for a framing company. Page 2 of 5
The job posting advertises a wage rate of $34.00 to $36.00 per hour. The sole purpose of this job posting is to obtain a LMIA approval. Once this employer hires a foreign worker or international student, following things might occur for eluding taxes: After getting a LMIA, the employer will hire either a foreign worker or an international student seeking permanent residency and both the immigration consultant and employer will be benefited from $15,000 to $20,000 cash. Most of the money goes to the consultant. The worker will receive a paycheque at the rate of $34. But, in reality that worker will not make $34 per hour; he/she will be paid no more than $20 per hour. The worker will pay $14 per hour back in cash to the employer. The employer will receive expense benefits at the rate of $34 per hour and will earn $14 per hour in cash (not declared in taxes). There is no documentation or proof of such acts and all of this goes unnoticed because, workers fear that it will affect their path to residency. So, it is very difficult to hold people accountable for such fraud. I just visited an immigration consultant on March 2 nd 2017 and posed as a recently graduated international student, working as a construction worker seeking permanent residency. I told him that I was on a three-year post-graduation work permit. As expected, I was advised: My employment can be arranged with a drywall company. My starting wage rate will be $15 per hour, but I will have to pay $4 per hour back to the employer. Page 3 of 5
My consultant will prepare paper work showing my career progression with the company and after 3 months on the job I will be promoted to a supervisor position and my wage rate will be raised to $18 per hour. But, my actual raise will depend upon how quickly I learn the job. After one year of experience at the supervisor position, they will file my application for permanent residency under express entry. Above plan will sound great to anyone seeking Canadian permanent residency. But, is it the right way? Are these the intentions on which Canadian immigration policies were developed? The answer is NO. On Aug 09, 2016, a talk show was organized by a local radio station, RED 93.1 FM. Many listeners shared their first hand experiences with immigration consultants by participating in that talk show. That talk show is saved in the archives of listen live section of the radio station s website and can be found under following link: https://vancouver.redfm.ca/harjinder-thind-showimmigration-lmia/ Where there is a demand, there is a supply, is a true saying. Some people by hook or crook want to gain Canadian Permanent residency and because of that the deserving people get left behind. In order to inhibit crooks from getting Canadian Permanent Residency and to eradicate the hideous ways that are used by some of the immigration consultants, we all need to work together and the Government needs to change some rules to obtain Canadian Permanent Residency. I respectfully ask you to consider following points in regard to the immigration of: In the case of International Students: Page 4 of 5
o Student visas should only be granted to those students who are very good at studies. Just an English proficiency test should not be the only benchmark. Just like GRE and GMAT (for master s degree scholars) there should be more preclearance exams for diploma and degree level students. With this way Canada will be able to attract a better class of students. o Any international student who has finished at-least two years of studies from a recognized college or university, with minimum GPA of 3.0 should be granted with a post-graduation work permit of 5 years. This will give more time to young students to gain valuable work experience. o Any international student with two years of study, 3.0 GPA and one year of experience, even experience from a job with skill level C or D should be eligible for Canadian Permanent residency. This will eliminate the support from employer and students will no longer need to look for help from immigration consultants for finding an employer. In the case of Foreign workers: o There should be continuous monitoring of fake job postings that are posted just for the sake of LMIA. o Foreign workers coming to Canada should receive an open work-permit. The more the worker is dependent on the employer, the more will be the exploitation. o Foreign workers or international students should be encouraged to report exploitation from employer and immigration consultants. In a nutshell, malpractices adopted by immigration consultants are increasing day by day. It can be controlled by working together and by educating people. Page 5 of 5
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