What to know about immigration fraud and changes to temporary foreign worker program

‘This measure is expected to remove the incentive for candidates to purchase an LMIA, resulting in increased fairness and integrity,’ minister said

Quietly included in a series of announcements about strengthening Canada’s border security and immigration system was news of proposed changes to the competitive point system that gauges a prospective immigrant for residency.

What did Marc Miller say?

With Finance and Intergovernmental Affairs Minister Dominic Leblanc and Mental Health and Addictions Minister Ya’ara Saks on either side, Miller said the measures are meant to “reinforce program integrity and reduce potential LMIA fraud.”

“This measure is expected to remove the incentive for candidates to purchase an LMIA, resulting in increased fairness and integrity in the express entry system and taking some of the value out of the fraud already being perpetrated in the LMIA system.”

No timeline was offered for when the changes would be implemented.

What is an LMIA?

If an employer wants to hire a foreign worker in Canada, they’ll need to first complete an LMIA application for the federal government and receive a positive response confirming there are no Canadians or other permanent residents to do the job.

Once approved, the prospective worker will need the LMIA, a job offer and a contract to apply for a work permit.

It was also weighing a fee increase “for additional integrity and processing activities.” Businesses currently pay $1,000 per application.

Canada’s current overall unemployment rate is 6.8 per cent.

How is an LMIA used?

The Express Entry System is the online application portal that governs the federal skilled worker and trades programs, as well as the Canadian experience class — skilled workers who have Canadian work experience and want to become permanent residents.

The maximum a prospective immigrant can score and increase their chances of becoming permanent is 1,200 points.

Before Tuesday’s announcement, a job offer backed by an LMIA would award them 50 points, or 200 if it’s a more senior, higher-paying position.

A provincial nomination, acquired through a separate application process, grants an additional 600 points.

Why are these changes being implemented?

Like Boissonault’s, Tuesday’s proposed change aims to reduce fraud and misuse of the TFW program.

The asking price could be anywhere from $10,000 to $30,000, but immigration consultant Kanwar Sierah told the Financial Post he’s “heard of LMIAs being sold for $70,000.”

“Bad actors are taking advantage of people and compromising the program for legitimate businesses,” Boissonault said in August.

What else did Miller announce?

Canada will also tackle so-called “flagpoling” by no longer allowing temporary residents to leave Canada and immediately return so they can avail of quicker immigration services, which government says drains resources at the border, distracts officers from enforcement activities, and slows traffic.

Ottawa also wants to amend the Act to make it easier for immigration documents or applications to be cancelled, changed, suspended or refused.

“These authorities could also help prevent those who may pose a risk to Canada from entering the country and prevent further southbound irregular migration,” government stated.

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