Working in Canada – what you need to know Everyone wants to work in Canada. Canada provides its temporary foreign workers with some of the highest wages and best conditions of any country in the world. Unscrupulous individuals worldwide take advantage of people’s dreams to live and work in Canada, charging exorbitant fees and frequently not providing the opportunities promised. This article can help you to understand the process of securing work in Canada and the rules that govern the process. You will also gain an understanding of how to check the credentials of anyone promising to help you achieve your Canadian dream, and gain contact information for Canadian government departments who may be able to assist you if you have been scammed out of your hard earned cash. Here’s what you need to know to protect yourself. There are two separate processes involved in getting anyone to Canada as a worker. The first process is an employment process, whereby you find a Canadian employer who offers you a job. The second process is the immigration process whereby you apply for a Canadian work permit. These processes are governed by different sets of regulations and different government departments within Canada. We will review each process in detail. The Employment Process Anytime someone promises you that they can find you a job in Canada, they are performing an employment process. This process is regulated by the provincial governments in Canada, and the rules will vary depending on which province the offer of employment is located in. Generally, it is illegal for anyone to charge a fee to find you a job if the job is a low skilled position anywhere in Canada. You should not be paying anyone to find you a job in a low skilled position. In some provinces, it is illegal to charge a fee for any type of position, while in other provinces it is fine to charge a high skilled worker to assist with a job hunt for higher paying, management or professional type occupations. It is also illegal for the worker to pay their own airfare to Canada to work in a low skilled position. Skilled workers are permitted to pay for their own travel. Finally, most provinces require that anyone or any agency who is recruiting individuals to work at jobs located inside the province maintain and employment agency license (no license is currently required for the Province of Saskatchewan). Here are some steps you can take to educate and protect yourself: Ask the recruiter for information related to their employment agency license – what Province are they licensed in and what name is the license under. Then check online – Perform a Google search for the province name and Employment Agency licensing (for example, Alberta Employment Agency licensing). You should be able to find an online listing of all employment agency licenses that are currently valid, or a telephone number to call to verify whether or not an agency is licensed. If your recruiter is not listed, then don’t deal with them. Don’t pay for a low skilled job. Simple as that. If you are asked for money, then it is illegal according to Canadian Immigration laws. If you are offered a job to work in Canada: Ask to speak to the employer directly. Ensure that you have a signed employment contract. Ask for proof that an LMO has been submitted for the position specified with your name on it. Also request to know what the current LMO processing timeframes are (be patient with this one, as the time frames can vary from two months to four months without notice). If you have already paid someone to find you a job in Canada: Perform an online search to discover the government agency responsible for employment in the province you were supposed to work in, or in the Province in which the recruiter told you they operate (for example, Alberta employment agency licensing). Most governments have an online or telephone system set up to receive complaints from individuals who have paid for employment. If your claim is found to be valid, the government can assist you to recover the funds that you have paid; and they will also penalize the agency or agent. Reporting an unlawful agency or agent will not jeopardize your chances of working in Canada. The Immigration Process Once you have an offer of employment, complete with a signed employment contract and an LMO issued with your name included, you need to apply for a Canadian work permit. The immigration process is regulated by the Federal Government of Canada, and the rules are the same for the entire country. You do not need professional assistance to apply for a Canadian work permit application. You can make these applications on your own; however if you do not have a good understanding of the process or of Canadian immigration law, it is a good idea to hire an authorized representative to assist you. If you choose to hire someone to assist you with your Canadian work permit application, they must either be: A consultant registered with the Immigration Consultants Regulatory Council of Canada A lawyer in good standing with their Provincial Bar association, A Paralegal in Ontario, or A notary in Quebec. You can check online to verify that the individual you want to assist with your work permit application is properly licensed. A list of consultants is available at iccrc-crcic.ca You can also check a lawyers credentials by asking for their registration details and then checking online to verify that it is authentic by searching for a membership list of their specific Bar Association. Please note that it is completely legal for you to pay any of the above individuals to prepare and represent your work permit application. However, it is illegal under Canadian law for anyone who is not a licensed member of one of these four groups to charge you for immigration assistance. Fees for work permit preparation range from a low end of $2000 CAD to a high end of $10,000 CAD; with an average charge of $3500 CAD. If your representative is proposing to charge you a fee that is significantly higher than average, you might want to check around with other authorized reps to see if you can get a better deal. If you hire an authorized representative to prepare your work permit application: Check to ensure that they are licensed. Ask for a quote that details all expenses that you will incur. Ask them how many work permits they have submitted within the past year, and what their refusal rate is. Get a written retainer agreement that specifies what you will be charged, when you will be required to pay, and what services the professional will perform on your behalf. Beware of individuals who “guarantee” that you will receive a visa. No one can make that guarantee, because it depends on many factors including your health, your criminal record, and the opinion of the visa officer. You should be suspicious of anyone that offers you a guarantee. Send funds in a way that provides you proof of receipt, such as Western Union transfers or bank transfers. Do not hand over cash without receiving a written receipt (signed) immediately. Keep copies of all your correspondence with the representative. When you hire an authorized representative, you are protecting yourself because the Government of Canada oversees their operations and will punish anyone who commits fraud or cheats you. Furthermore, a recent study by the Immigration department of Canada found the applications prepared by an authorized representative have a higher approval rate than those submitted by individuals without representation. The Canadian government is getting tough with those who seek to commit fraud by taking money from overseas individuals who want to work in Canada. If you have been the victim of an agent or agency, or if you know of agents or agencies who are operating in your country of residence and are unlicensed or operating illegally; please take the time to report them to the Canadian authorities. If we work together, we can help to clean up this industry and ensure that people who dream of life in Canada have a legitimate chance to obtain their goals. To report an unlicensed or illegal immigration agent; or to report a violation by a licensed professional, email the Immigration Consultants Regulatory Council of Canada:
Posted on: Wed, 12 Jun 2013 19:51:15 +0000
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