“The money’s the same, whether you earn it or scam it.” –Bobby Heenan

My exclusive interview with Kabayan Immigration and Network Services, Ltd. Canadian Immigration Consultant Shereen Santos Dulay back in July 2010 proved to be prophetic.

When the Philippine Consulate General in Vancouver issued an advisory on immigration and visa-related scams last month, some of the violations committed by unscrupulous “immigration consultants” were raised by Dulay during the same interview.

“Interpol has issued an advisory about scams involving entities that pose as immigration law firms, visa travel companies, organizations or government agencies that target applicants for visas and residents/work permits, covering a wide range of categories such as study, scholarship, high-paying jobs, and permanent residency,” the consulate warned. “The scammers offer professional support for their would-be victims to immigrate to Canada, using social engineering methods as such telephone calls, sending emails and letters that include false documents and applications forms, or routing them to fake or look-alike websites that are under the control of scammers.”

“Victims are pushed to pay fees (such as for administrative processes, online examinations, etc.) and to send money through a specific private money transfer company in advance,” the advisory noted.

During the interview, Dulay said, as a member of the Canadian Society of Immigration Consultants (CSIC), she is mandated to report the existence of “ghost” immigration consultants, or those who take advantage of applicant ignorance.

“The mandate of CSIC is to really protect the public, not us,” she stressed

Dulay noted, “Because of lack of proper knowledge, some applicants go to ‘ghost’ consultants who don’t have liabilities;” however, she explained, it often results in applicants being “enticed and fooled by ‘ghost’ consultants who charged lower fees.”

“CSIS has been placing advertisements in newspapers to warn the public,” she pointed out.

The immigration consultant also indicated a major difference between legitimate consultants and the ‘ghost’ variety.

She explained, CSIS prohibits immigration consultants from giving guarantees of success or faster processing time as “it is implying that you have special powers or connections with the CSIC.”

“That’s what the ghost consultants are doing,” Dulay affirmed.

She also warned, it is illegal for employers to request “recruitment fees” from low-skilled workers intending to work in Canada. According to the law, employers should shoulder all recruitment costs.

“There are some applicants who still don’t know this,” Dulay stressed.

Guidelines

Dulay cited the Human Resources and Skills Development-Canada guidelines for hiring foreign workers, noting, employers can apply for a Labour Market Opinion, under the Pilot Project for Occupation Requiring Lower Levels of Formal Training, Human Resources and Skills Development Canada/Service Canada (HRSDC/Service Canada), and Citizenship and Immigration Canada (CIC).

She also outlined guidelines for employers:

• Meet at least the minimum recruitment efforts required for NOC C and D occupations
• Consult with the local union to determine if the position is covered under a collective agreement
• Cover all recruitment costs related to the hiring of the foreign worker
• Sign an employment contract outlining wages, duties, and conditions related to the transportation, accommodation, and health and occupational safety of the foreign worker.

Employers also pay transportation costs between the worker’s home country and their place of work in Canada, along with return trips to their home country, with wages equal or higher than the prevailing wage rate for Canadians in the same occupation and region.

The guidelines also state, union wages established under the collective bargaining agreement are extended to foreign workers, along with benefits.

In order to address unique circumstances, HRSDC/Service Canada maintains the right to set the prevailing wage rate.

They must also agree to review and adjust (if necessary) worker wages after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and region where he/she is employed; help the worker find suitable, affordable accommodation; provide medical coverage until the worker is eligible for provincial health insurance coverage; and register their workers under the appropriate provincial workers compensation/workplace safety insurance plans./WDJ