All you need to know about Job offers in Canada
When immigrating to Canada, immigration and recruitment services can often go hand in hand with some overseas agents. With the permanent resident process to Canada being heavily influenced by securing a job offer, it is easy to see why some immigration agents offer access to job offers in addition to paid immigration services. However, what most people are not aware of is that recruitment services are regulated differently than immigration services, and not all agents offering job offers to Canada are licensed to do so, nor are many of these agents licensed to offer immigration services for a fee.
When are you likely to confuse the two?
There are unfortunately some “immigration” agencies or representatives who, for a fee, promise applicants that they will be able to guarantee both a work permit and a job on arrival. In some cases, the job being offered for a fee might not exist at all, and the letter of offer is completely fake. Other times, the job might exist, but the conditions surrounding the job are questionable, and even if you eventually earn a salary, paying for the job upfront is essentially like giving free labor.
As an example of these practices, in 2019 an investigation revealed a Toronto-based immigration agency offering a fake job to an undercover journalist posing as a permanent residency candidate for a fee of $170,000.
Permanent residency applications
Agencies offering jobs for a fee often market themselves towards applicants looking to immigrate to Canada under the Express Entry program, where having a valid job offer can provide between 50 to 200 additional Comprehensive Ranking System (CRS) points. Without these additional points, many applicants would often not have a high enough CRS score to receive an Invitation to Apply (ITA). Therefore, having a job offer is seen as an essential requirement for many applicants looking to immigrate to Canada, and in their vulnerability, they become targets for such job offer scams. But beware, to get an offer of employment arranged employment points, you must fit one of the three scenarios below:
1. the employer must have a positive LMIA that approves the offer and names you as the employee for a specific NOC A, B, or 0 job; OR
2. you must currently be working in Canada on an LMIA-based NOC A, B, or 0 job, you remain authorized to work in Canada when you apply for EE and when your application is processed, and your employer is offering to continue to employ you for at least 1 year after you get your permanent residency; OR
3. you are working on an LMIA exempt but employer specific work permit in a NOC A, B, or 0 positions and already have 1 year of full-time work experience for that employer and your employer is offering to continue to employ you for at least 1 year after you get your permanent residency.
Temporary work permits
Fake job offers are not unique to Express Entry. Many years ago, when I began my own process of immigrating to Canada, I first came across such services when exploring the International Experience Canada (IEC) program. Through internet searches and recommendations in social media groups, I quickly found various full-service agencies who, for quite a big fee, promised a full-service package whereby they would arrange the work permit, travel and insurance, and a job waiting for the applicant on arrival. These services might seem appealing due to the complexity of relocation and the peace of mind of having an income immediately on arrival. However, the reality is that they are overpriced and the job itself often ends up comprising difficult work conditions and being underpaid.
Throughout the pandemic
Additionally, the pandemic has resulted in a new wave of “fake” job offers. The temporary restrictions that were in place earlier in the pandemic, whereby non-citizens or permanent residents were only allowed to enter Canada if they had a valid job offer, resulted in an increase in fake job offers being handed out for a fee.
Why must you be cautious about paying for job offers?
It is unethical and illegal!
Although not the case in every country, in Canada, charging the worker a fee to find a job is actually illegal! In fact, each province in Canada has legislation in place prohibiting recruiters from charging the migrant workers any fees for recruitment or employment services. The only exception is in New Brunswick, where the prohibition applies only to the employer in recovering recruitment costs, rather than to recruitment agencies.
In Ontario and Manitoba, the legislation prohibits any person engaged in recruitment activities from charging fees of any kind to the migrant worker. In Nova Scotia charging fees from the worker is strictly related to finding employment and, in Quebec, to recruitment services, although in both provinces non-recruitment-related costs are permitted. Similarly, British Columbia, Alberta, and Saskatchewan also allow non-recruitment-related fees to be charged to the worker, although to do so a form of disclosure is required, and fees charged to the worker for recruitment services are strictly prohibited.
Furthermore, as a former recruitment consultant, I can vouch for the fact that no reputable recruiter would charge candidates for recruitment services. Instead, recruitment agencies are paid by the employers, who retain the recruiter to help them fill vacancies. A good recruiter does a lot more than simply placing a candidate in a job – they help the employer to identify top talent and match unique skill sets with hard-to-fill jobs. In doing so, they often work collaboratively with the employer and leverage their professional networks. Therefore, if a recruiter is trying to charge the candidate a fee, it is likely a sign that they are not retained by any employers and chances are they won’t be able to help the candidate secure a legitimate job.
It can be misrepresentation!
In using a fake job offer as part of your immigration application, you are claiming that you hold a valid job offer, when actually you don’t have the job, or the job does not even exist. This is a misrepresentation.
In Canadian Immigration law, misrepresentation is defined in the Immigration and Refugee Protection Act, SC 2001, c 27. Under section 40(1)(a) “a permanent resident or foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting” themselves. The consequence of misrepresenting yourself includes being deemed inadmissible to Canada for a period of five years and being unable to apply for permanent resident status during this time.
It constitutes fraud!
In addition to the misrepresentation by the applicant, a business providing a fake job offer constitutes fraud. In Canada, the Criminal Code provides that anyone “who by deceit, falsehood or other fraudulent means … defrauds the public or any person … is guilty of an indictable offense.”The penalty for fraud can include a term of imprisonment, therefore it is an offense that businesses should take very seriously.
How to identify a fake or illegal job offer?
Like with everything in life, if it sounds too good to be true, it usually is. But there are some things you can do to verify if your job offer is real or fake:
Avoid using any immigration representative, recruiter, or consultant who requests any type of payment related to recruitment.
Avoid anyone who guarantees you a job offer or a work permit – it’s just a reality that these things can’t be guaranteed and anyone making such elaborate promises cannot be trusted.
Did you go through an official recruitment process? if you did not apply for the job or have an interview, there are no formal requirements for the job, or the salary offered is not aligned with what is expected for the type of job, then it is likely not real.
Pay attention to who the job offer is coming from – real job offers will always be made by an employer and will come from a company email (unless you have been working with an official recruitment agency), so be cautious if you receive it from a personal email address or someone other than the employer.
Never trust a job offer that is not in writing. Many employers will make a verbal offer prior to sending the written offer letter. However, it is not a real job offer for immigration purposes, until you have a written offer letter confirming the position and conditions of your employment, and for immigration purposes, the offer letter must include certain information.
Check that all the necessary information and supporting documentation is included in the job offer, such as an LMIA, or registration number under the International Mobility Program (IMP), if applicable. The LMIA or “A” number under the IMP is often essential for your work permit application. The job offer letter should also be on company letterhead and include details of your pay, work hours, location, duties, job-related skills, and other work conditions.
Do your research! Check for a company website, online reviews, and even the Canadian Business Registry to establish whether it is a real business.
So, how can you find a job in Canada?
Canadian employers are always on the hunt for skilled workers to fill vacancies. If you are a skilled worker, searching for a job prior to coming to Canada is definitely an option. However, jobs can often be easier to find once you have landed in Canada. In undertaking your search, it is best to use well-known job sites such as LinkedIn, Indeed, or Workopolis. The Government of Canada Job Bank also has thousands of job postings to browse through. It is also a good idea to keep an eye out on the careers pages of company websites for businesses you would be interested in working for. In addition to undertaking your own job searches, using a reputable recruitment agency can be a very valuable tool, as often recruiters get leads on jobs that haven’t been advertised for, and they can notify you of new positions as they arise.
In preparing your job applications, it is a good idea to review some example resumes, which can easily be found online, and present your CV in Canadian format. Typically, in Canada, resumes are only one to two pages in length, so you may be required to cut down your resume to fit this format. However, make sure that all the key skills and experience relevant to the job you are seeking are outlined on your resume. A well-drafted cover letter can also go a long way and can be helpful in addressing your intention to settle in Canada and your long-term career goals here. Additionally, as many employers aren’t in a position to obtain an LMIA, if you have already obtained an open work permit through the IMP, ensure your right to work in Canada is clearly outlined on your resume so employers know you are work-ready.
From my own experience of moving to Canada, I learned that job searches here can take more time compared to many other countries. Employers can often take several weeks to respond to job applications – or not respond at all – but don’t let this put you off, as it is just the nature of recruitment in Canada and is not a reflection of the value your skills and experience can add.
If you are coming to Canada without a job already lined up – which is the situation most newcomers to Canada are in – be prepared for the job searching process to take anywhere from several weeks to several months. As such, you should always ensure you have enough money saved up to support yourself during this time. From my own experience, I found the amount required as proof of funds for the Express Entry process to be a relatively accurate estimation of how much money I actually needed. Getting set up in Canada with things like accommodation can be more expensive than anticipated, so it is best to err on the side of caution when estimating how much money to save and the more you can bring with you the better!
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About the author:
Mark Holthe
Canadian Immigration Lawyer, CEO
