Ensure your organization complies with IRCC’s LMIA and LMIA exempt requirements
Ackah Business Immigration Law can assist you to prepare for a Compliance Review/Inspection and ensure that your organization complies with Immigration, Refugees and Citizenship Canada’s Temporary Foreign Worker Program (LMIA) and the International Mobility Program (LMIA exempt) requirements – before you receive a call from the government – Be Prepared.
After an exhaustive process, you finally have the skilled workforce your business needs. Now the Canadian government is implementing an aggressive compliance regime, which could include reviews and inspections at your place of work. Compliance reviews will be focusing on the attestations and declarations made on the LMIA forms under the Temporary Foreign Worker Program as well as the Offer of Employments made under the International Mobility Program. You need to ensure your business remains in compliance with the terms of the programs at all times.
If you are selected for a Compliance Review, are you prepared?
Did you know that the 2015 increase in the Alberta Minimum Wage affected the terms of some LMIAs?
Do you know how to ensure you remain in compliance with the prevailing wage for the location where your Temporary Foreign Workers work?
Do you know how long you are required to keep all documents and information regarding your Temporary Foreign Workers?
If your organization obtained an LMIA or employed workers through the International Mobility Program with an Offer of Employment on/or after December 31, 2013, Ackah Business Immigration Law can assist clients before a Compliance Review is initiated by:
- Reviewing initial Offer of Employment/LMIA for compliance with Federal, Provincial and Territorial Employment and Recruitment legislation at the time the offer was sent
- Assessing Offer of Employment/LMIA and comparing the terms to current Federal, Provincial and Territorial Employment and Recruitment legislation to ensure continued compliance
- Reviewing the current position description and comparing it with the duties described in the initial Offer of Employment/LMIA as well as the actual current duties performed by the TFW to ensure compliance with ESDC
- Providing a tracking document to assist you in maintaining information that ESDC will require in the event of a Compliance Review/Investigation
- Providing a checklist of documents that are commonly requested during a Compliance Review
- If there is a risk of non-compliance, we will provide suggestions for you to rectify
- Reviewing the public domain to ensure your company’s digital presence reflects continued engagement in the business activities indicated in the Offer of Employment
- Ensuring policies are implemented to ensure the conditions of the workplace are compliant with all standards (free from financial, sexual, physical and psychological abuse)
Do you have questions about Canadian immigration? We Can Help
Evelyn Ackah is the founder and managing lawyer at Ackah Business Immigration Law. Whether business is done south of the border, across the “pond” or around the world, Evelyn Ackah employs her expertise to help clients achieve their desired business objectives. She develops and implements immigration strategies, provides advice on immigration matters related to employee mobility or relocation, and assists with global investment opportunities.