Immigration Corner | Is this a good offer?

Dear Miss Powell

I paid a company to find me a job in Canada and they sent me a letter offering the job. They said I could use the letter to get the work permit or permanent residence. They now want me to pay then almost $2 million to apply for my family to live in Canada. I showed the letter to the friend and she said I should be careful. I don’t want to apply and then I do not get through. How do I know it’s a good offer? Is there a guarantee than I will get through? Looking forward to your response.

HY

Dear HY,

There are many fraudulent individuals and companies who make promises they can’t keep. There are so many red flags here. First and foremost, only the Canadian authorities can guarantee that you will get a work permit or receive a job offer. No agency, consultant or lawyer can guarantee that your application will be successful. If they do, this is red flag.

Second, a legitimate company would not ask you to pay for them to hire you or to give you a valid job offer. Also, if the employers are using an employment agency to find qualified workers, the company usually pay the agencies to find workers for them.

Authorised Representative

To whom will you pay the money to apply for the work permit or permanent residence application? Did you sign a use of representative form, sign a contract and get a receipt? Only authorised representatives such as a Canadian registered lawyer, some paralegals, or immigration consultants can represent you. The Government of Canada is very strict about who can deal with them on your behalf. It is your duty to investigate these individuals before you pay them, to ensure that they are in fact authorised to act on your behalf.

You should check the law societies in Canada via their website or by calling the organisations to ensure that the lawyer you are using is authorised to act on your behalf. For example, for lawyers in Ontario, you should check the law society of Ontario. Their website is www.lso.ca

Valid Job offers

It is your job to investigate whether or not a company is legitimate and ensure that the offer is coming directly form them. I have some simple questions for you. Did you investigate the company? What type of company is it? Is it a regulated organisation? Did you speak with the regulated body to ensure they are legitimate? Did you speak directly with someone from the company? Did you speak with the owner/CEO or human resources manager? Do you know anyone that works with the organization?

Did the company tell you that they are authorised to hire international workers?

Only some employers are authorised to higher individuals under the temporary foreign worker programmed or offer job offers individuals who are non-residents or non-citizens of Canada without first obtaining a Labor Market Impact Assessment (LMIA) report. A LMIA is a report that verifies that there is a need for a temporary worker or international worker based on the fact that there are no Canadian citizens or residents that are available to do the job. This LMIA is required in most instances before you can apply to IRCC for a work permit or to apply for permanent residence. You should ask the employer for a copy of the LMIA report. You must not pay for the company to obtain a LMIA report. It is the duty of the company to make that application and then to provide a copy to you.

Are you qualified to do the job that you are offered? You should check the government of Canada’s website to review their occupation list/the NOC to ensure that you have the education and skills required to do the job you are offered. If you do not qualify, then your application will be rejected.

I strongly recommend that you thoroughly investigate the individuals that you are dealing with before you pay over any additional funds.

Deidre Powell is a lawyer, mediator and notary public who is member of the Law society of Ontario and the General Legal Council of Jamaica. Send your questions and comments via www.deidrepowell.com or call 613.695.8777/ 876.922-4092 or find her at www.facebook.com/jamaicanlawyer