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Charging foreign workers
News
Jamaica To Canada  
May 2, 2017

Charging foreign workers

Dear Mr Brown,

I am concerned about the possibility that an impostor/scammer may be attempting to “pass off” himself as you. This individual, “Antonn Brown”, is proactively “recruiting” unsuspecting people with promises of Canadian work visas (with a deadline to make a deposit of US$1,500 to another person’s account that is not in your name). I have no concrete proof but I think a quick telephone call from you could clarify the situation. If my hunch is correct, this individual is doing great harm.

— RW

Dear RW:Thank you for your email. I will contact you for additional information regarding this matter. However, at this time, I will reiterate that I am not an employment recruiter. I assist with Canadian immigration matters as a licensed professional, and I am an (NACC Accredited) education agent for many Canadian schools. 

CorrespondencePlease be advised that my office only responds to calls or emails that are received from the general public to facilitate scheduling appointments for consultations (either at my office, or via telephone/skype). In other words, my office does not proactively contact strangers directly via telephone (cold calling) to solicit business or extend a job offer.Scamming in Jamaica is very unfortunate. However, receiving a random call from anyone offering an overseas job (that you never applied for), with the request of payment (to an account in a different name) from someone (that you have never dealt with and for which there is no contract) seems unreasonable.I have a website. I have an office. All correspondence from my office would be from my office landline, office mobile number, or email address. Furthermore, I am a Canadian and I do not work with any local agents or partners in Jamaica. I have a very transparent process as mandated by the Immigration Consultants of Canada Regulatory Council (ICCRC), which is the distinction of a legitimate, licensed authorised professional. 

Recruitment/placement feesUnder Canadian law, only authorised immigration representatives can charge a fee to help someone apply for a Canadian visa (visitor, study, work, or permanent residence). Therefore, it should be noted that all employment agencies, travel agencies or education agents in Jamaica must be authorised agents in order to provide any form of immigration advice.An employment recruiter who is paid a fee for job placement is not allowed under Canadian law. In fact, charging foreign workers fees has been an illegal practice since 2009. However, for clarity, please distinguish a recruitment/placement fee from:• Mere registration fees by an authorised immigration representative• Fees pertaining to legal work, which is allowed by authorised immigration representatives• Fees charged by the Canadian High Commission.As required by law, it is the employer that is to cover recruitment fees, rather than the applicants themselves. If a recruiter charges the applicant, instead of the employer, there is a penalty of a fine and/or imprisonment. 

New logoThe ICCRC is the regulatory body responsible for governing the conduct of immigration consultants. The Federation of Law Societies of Canada (FLSC) is the national coordinating body for provincial and territorial law societies in Canada. Together with Citizenship and Immigration Canada (CIC), these organisations help safeguard potential immigrants from unauthorised immigration representatives who pose a threat to the integrity of Canada’s immigration system.To fight against illegal operators, the ICCRC will be introducing a new distinct trademarked emblem, called the member’s insignia, for licensed Immigration Consultants to use on their letterhead, websites, and social media, etc. As such, licensed professionals will be easily distinguished from illegal practitioners. An extensive public awareness campaign will be launched by the ICCRC in due course to heighten awareness against fraudulent activity.Please visit jamaica2canada.com for additional information on Canadian permanent residence programs, including Express Entry, the Study and Work progamme, visitor’s visas or appeals, etc. 

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to j

amaica2canada@gmail.com

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