When a company hires a LMIA Exempt Temporary Foreign Worker through the International Mobility Program (IMP) and pays that Employer Compliance Fee, does it actually contribute to anything?
1. Yes you may be inspected…now what?
Well, yes it does. Inspections began in the fall of 2015 and are expected to ramp up again in late 2016. Currently the inspections have been desk-based; however, Service Canada will be starting to conduct site inspections on behalf of the IMP program in the near future.
The majority of inspections are selected based on random triggers, however, you may also be selected if a compliant has been filed or you have had previous non-compliance.
How to prepare for an inspection?
1. STAY UP TO DATE – CIC Employer Portal – ensure that your primary contact details (name, email and telephone numbers) are kept up to date. If the primary contact departs the company, ensure that a new contact is updated immediately. This how a company will be contacted.
2. TAKE IT SERIOUSLY – Ensure that your respond to Inspection Request BEFORE the response due date with all the required documentation. You will be provided with 30 days, make sure you have addressed every aspect of the inspection request.
3. KEEP ALL DOCUMENTATION FOR 6 YEARS – keep all records, employment contracts, approvals, renewals. The employer who submits the offer of employment to IRCC to hire a temporary worker will be responsible for meeting the program conditions and may be selected for an inspection at any time after the first day the temporary worker is employed and up to six years after their employment has ended.
2. How to Stay Compliant
Prevention
- Before hiring a Temporary Foreign Worker (TFW), carefully submit the offer of employment in the CIC portal.
- Plan to stick to the offer letter principal components (Wages, Occupation, Working Conditions).
Mitigation – Report any change prior to an Inspection
- If any changes to working conditions are expected, it may require a new work permit application.
What type of changes?
- Promotion, new role and salary – new work permit application.
- Work Location Change – new work permit application.
- What if I do not know if my company is still compliant on a case? File the CIC International Mobility Program (IMP) Voluntary Disclosure report and follow any required resolutions.
- CIC IMP Voluntary Disclosure Form – Only this specific form is permitted to be submitted and your efforts to correct the situation must be reported.
Justification
- The outcome of the inspection may determine that you are non-compliance with justification. In these cases, all that may be required is compensation
3. Create an Immigration Compliance Program Office or Officer at your Company
As compliance becomes more and more critical, do you have quick access to all this information and ready to address any compliance audit?
Record Keeping:
- Complete list of all current TFWs on board and know what their current immigration status is?
- Complete list of all past TFWs that were employed – records are required to be kept for 6 years after employment is ended.
- Are your records all in one place?
- Do you know if your payroll records match the offer letter and work conditions filed with work permit throughout the assignment?
- If changes have been made, do you have records of the original and their updated status?
- Does your HR/Payroll system allow you to track changes in immigration status?
Education
- Who is responsible for educating executives, managers and employees about compliance and procedures for inspections?
- Have your employee policies and handbooks been updated to reflect compliance requirements (immigration, health and safety, employment law standards)?