Fake LMIA underscores fraud involving immigration, temporary foreign workers
A recurring scheme offering temporary foreign workers jobs in exchange for excessive fees appears to extend beyond Canada's borders.
And immigration lawyers and agencies are warning that this practice is becoming more common, says the CBC. Consultants operating in Canada have been accused of offering foreign workers jobs in exchange for money, and the sale of labour market impact assessments (LMIAs) is at the heart of these scams.
An LMIA is a federal document that Canadian employers apply for when looking to hire a foreign worker. Selling an LMIA is illegal in Canada, but the scam appears to be operating outside the country as well.
Wisdom Ogbogbaidi, a 31-year-old from Lagos, Nigeria, told the CBC that he was duped by one such scam. He was approached in a community Facebook group last year by a man claiming to be a travel agent specializing in providing visas to Canada and the UK.
The man suggested there was a job opening for him with a Canadian construction company through Canada’s temporary foreign worker program. He promised Ogbogbaidi that he would be able to bring his girlfriend with him but required upfront payment to cover security clearances, medical checks, and other administrative fees.
After paying the requested fees, Ogbogbaidi was told in December that an official letter of offer was coming but that he would have to pay an additional fee for it. At this point, Ogbogbaidi became suspicious and refused to pay more. In February of this year, the supposed agent sent him a letter of offer and an obviously fake LMIA.
The fake LMIA, according to CBC News, looked as if it was pieced together from a copy of Citizenship and Immigration Canada’s letterhead and a number of watermarks from various organizations, including the Canadian Labour Congress. The letter of offer was indicated to be from a company called Cabral Construction, supposedly headquartered in Calgary. CBC News noted the website and phone number listed on the letter did not work, and there was no Cabral listed at the address provided.
Ogbogbaidi said he paid the fraudster an estimated 1.1 million Nigerian naira—just over $1,000 CAD—before the fake documents arrived. “I’m very, very, very angry. Very angry,” he said.
Employment and Social Development Canada (ESDC) stated that any attempt to sell an LMIA is illegal and should be reported to the appropriate law enforcement agencies. A spokesperson for Employment Minister Randy Boissonnault denounced LMIA fraudsters for targeting vulnerable people.
“Selling LMIA tries to undermine Canada’s fair immigration system and anyone who charges an individual for an LMIA is breaking the law and taking advantage of vulnerable people like in this situation — It is appalling behaviour,” Boissonnault’s press secretary told CBC News in an email.
The Canada Border Services Agency has charged 153 individuals within Canada for fraudulent immigration crimes in the last five years. However, immigration lawyer Mark Holthe from Lethbridge, Alta., said there is little the government can do when a scam occurs overseas.
“They don’t have any real meaningful process of going after a bad actor in a foreign country,” he told the CBC.
Despite being duped, Ogbogbaidi still hopes to work in Canada one day. “I’m not discouraged. I just believe I fell into the wrong hands,” he said.
