Immigration Fraud: A Growing Concern and How to Avoid It

Planning to move to Canada and start a new life? Before you go, you’ll need to get your paperwork in order. Unfortunately, there’s a darker side to the system, with an estimated 9,000 suspected fraud cases being investigated every month.

Immigration fraud doesn’t just permit unlawful entry; it also leaves applicants thousands of dollars out of pocket as fraudsters take advantage of the hope of applicants. Yet it’s not just as simple as misrepresentation but a multi-pronged approach to defrauding immigrants.

Where do we stand on immigration fraud? How are criminals taking advantage of applicants? And what can you do about it? We investigate this complex issue and what migrants can do to avoid becoming fraud victims.

Canadian Immigration Fraud - State of Play

Record numbers of fraudulent immigration applications are plaguing the Canada Border Services Agency (CBSA). Alongside an estimated 9,000 cases being investigated for fraud monthly, the rate of increase has been stunning.

The asylum system is another popular vector for exploiting potential migrants, with applicants lodging false asylum claims. For example, Indian nationals made just 380 asylum claims in 2015, whereas in 2024, the number of claims spiked to 32,375.

The problem has grown to such a point that Ontario proposed new legislation in 2024 to clamp down on representatives working with the Ontario Immigrant Nominee Program (OINP).

In short, fraud is increasing, but most numbers on these types of fraud will likely be a massive underestimation. Migrants may be unwilling to report the fraud, meaning the extent of scams is likely much greater than reported.

How Criminals Are Perpetrating Immigration Fraud

Criminals use a variety of strategies to hook aspiring migrants and part them from their money. In many cases, people lose their life savings and either return to their home countries in shame or never get on the plane in the first place.

Understanding some of the tactics used by fraudsters sheds light on the dirty underbelly of the immigration system and prepares you for what you might face.

1. Fake Immigration Consultants

Migrants often hire immigration consultants to help them navigate the complexities of the immigration system. However, many find themselves in the clutches of so-called ghost consultants, or unlicensed consultants.

All consultants must be authorized to operate by the immigration regulator. Despite this, criminals pose as consultants or lawyers, advertising within communities and online. Many of these ghost consultants aren’t even based in the country and may have never actually stepped foot in Canada.

According to one Toronto agency, as many as 20% of their clients say they had been scammed by ghost consultants before turning to them. It’s a problem that has become so bad that in 2019 the federal government pledged $48.3 million over four years to increase enforcement and reduce consultant fraud.

Additionally, the College of Immigration and Citizenship Consultants (CICC) was established as a new regulator in November 2021 with robust powers to crack down on the industry. It’s especially problematic because the number of licensed consultants alone has more than doubled from 6,000 in 2018 to more than 12,000 in 2022.

Some success has already been had through the government’s approach to immigration fraud, in conjunction with law enforcement.

For example, in April 2024, an Ontario woman was taken to court and pleaded guilty to charging immigration consultancy fees without a valid license. Sadly, she’d already taken tens of thousands of dollars in exchange for forged documents and fake job offers. She was sentenced to an 18-month conditional sentence and fined $148,000 for breaking the Immigration and Refugee Protection Act (IRPA).

How It Works

Ghost consultants set the bait of guaranteed visas and jobs to lure their victims in. They might also submit an application on a client’s behalf without declaring themselves as immigration representatives. Clients may also be encouraged to lie or the consultants themselves may include false information without the victim’s knowledge, such as by getting them to sign a blank form.

One common strategy looks like this:

1. The applicant contacts the fake consultant.

2. The ghost consultant finds a job but requires a hefty fee.

3. The client uses their own money to pay a fake salary and file a bogus work visa application.

4. The victim’s savings are drained.

5. No genuine visa is forthcoming, and the victims themselves may receive a travel ban from Canada.

How to Protect Yourself from Fake Consultants

The best piece of advice when dealing with a consultant is to check that the person you’re dealing with is a Regulated Canadian Immigration Consultant (RCIC) and that they’re registered with the CICC. You can verify these credentials on the CICC website.

No consultant can guarantee anything, so steer clear of anyone claiming 100% success rates. Back in 2022, dozens of people fell for this scam, where a fake consultant in Vancouver charged $5,000 for a non-existent immigration program.

Another red flag is the consultant asking you to provide false information, misrepresent facts, or even ask you to sign a blank form. Remember, the penalties of getting caught all fall on you, meaning you could be permanently banned from emigrating to Canada.

2.   Document Fraud

Document fraud means using false paperwork to take advantage of the system. Two of the most popular examples include fake job offers and sham marriages to obtain spousal visas. Some cases may even include applicants impersonating someone else through stolen or forged documents.

Fake Job Offers

Getting a valid job offer is one of the easiest ways to obtain a work permit, or even permanent residency. In the past, fraudsters have sold job offers that may or may not actually exist. Typically, the applicant is charged an enormous sum for the job offer letter and a glowing Labour Market Impact Assessment (LMIA).

The job itself may not exist or the details may be fake. Some victims even find that they arrive in Canada only to find there’s no job waiting for them. In more sinister cases, victims end up in a pay-to-stay cycle, where their wages are paid into a shell company to maintain their work permit.

In one case, an Alberta investigation found a consultant had stolen $30,000 and $45,000 from two migrant workers in exchange for guaranteed jobs. Instead, they paid for fake pay subs, allowing them to stay.

Bloomberg reported another case in which 39-year-old Indian accountant Navdeep Singh was approved through the temporary foreign worker program. He invested his life savings to move him and his family to Canada. In his case, the job did exist, but he was fired in days for alleged “performance reasons,” leaving him with no money to support himself, so he returned to India with nothing.

The immigration consultancy that had worked with Navdeep had their license revoked due to the sheer volume of complaints, meaning they can no longer legally operate.

According to a poll from the Canadian Anti-Fraud Centre (CAFC), 46% of newcomers to Canada had encountered these job scams. Naturally, many victims don’t report them out of fear of embarrassment.

The simplest way to detect and avoid these scams is to understand that it’s generally against the law for any Canadian employer or recruiter to charge candidates for an LMIA or job offer. Likewise, don’t fall for the supposed paperwork and administration costs.

Here are three easy ways of seeing if your offer is authentic:

·  Get in touch with the employer independently and ask if your contact actually works there.

·  Request a copy of your LMIA approval and verify with Employment and Social Development Canada (ESDC).

·  Always get a written employment contract. Ensure they’re realistic. For example, a genuine entry level job isn’t going to have a six-figure salary attached to it.

Marriage Fraud

Marriage fraud is another common type of immigration fraud. Unlike other scams, this is more sinister because it only happens with the full knowledge of the applicant. These sham marriages place an enormous toll on the immigration system, with immigration officials reporting that 1,700 spousal sponsorship applications were denied in 2019.

It goes without saying that you shouldn’t try to fake a marriage to get a visa. It’s a type of fraud for everybody involved. If you’re an applicant, you may be asked to pay a substantial amount in exchange for the marriage. As well as the potential for your money simply disappearing, you could face criminal charges and deportation.

Identity Fraud

Identity fraud destroys lives and is an example of straightforward immigration fraud. Essentially, it means using someone else’s documents or outright forging them to assume someone else’s identity.

For example, a potential migrant may allow a “consultant” to pose as themselves to pass language tests or citizenship exams. Sometimes, the consultant will then turn around and steal the personal data of migrants to commit other cases of fraud. And it’s happening on an industrial scale.

For example, one high-profile fraud case saw the CBSA apprehend a man attempting to smuggle 509 blank permanent residency cards and 506 fake driving licenses from Alberta into the country. His home was also filled with equipment for creating forged documents, resulting in him receiving a 30-month prison sentence.

Never get tempted by a shortcut to use fake documents. It may be alluring, but submitting any fake or forged document is immigration fraud. If caught, you’ll not only be refused an immigration visa but may also receive a travel ban.

3.   Online Immigrant Scams

Immigration fraud doesn’t end after entering the country. Immigrants are easy targets because they don’t understand the system and they’re just finding their feet. According to one study, 53% of newcomers said they or an immediate family member had been a target of fraud. Additionally, 55% said they’re “very concerned” about being defrauded in the future.

Scammers can impersonate Canadian immigration in many ways, including:

·  Fraudulent social media messages

·  Fake websites

·  Pressure calls

·  Police threatening deportation

It appears these scams have also grown in frequency and sophistication. According to a 2022 survey focusing on Vancouver, 60% of people with cellphones had received calls from someone impersonating a government agency. The same study found that the Chinese community was a prime target, with Chinese-language scam calls increasing by 20% in just three years.

Most of these scams involve robocalls in the migrant’s native language or calls claiming to be from the police. The caller then demands that the victim send money to pay unpaid immigration fees or face deportation.

It may sound simple enough to avoid, but these calls are often remarkably genuine because they use the migrant’s personal information, often gained through social media and data breaches.

Fake websites are another common strategy, and may be twisted up with fake phone calls. These websites look precisely the same as official government websites but with slight changes to the URL, such as a “.org” address or a subtle misspelling of “Canada.”

Victims believe they’re on the official government website and choose to pay outstanding fees or enter immigration lotteries here. Naturally, the money disappears and the victim never hears back.

How to Protect Yourself from Online and Phone Scams

What makes these scams so effective? Classic pressure tactics that play on your fears. The goal is getting you to act without considering the situation. Simply not panicking will avert most scams before they get off the ground.

Beyond that, follow these tips for uncovering these scams:

·  Know the Official Procedures - Educate yourself on how Canadian immigration operates. Above all, you’ll never be threatened or contacted for urgent payment for any reason. Moreover, you’ll never be asked to pay using a non-conventional payment method, such as Bitcoin or gift cards.

·  Understand How Payments Work - All Canadian visa fees are paid to the “Receiver General for Canada” and are paid only through the embassy or online portals, never to an individual person.

·  Check Websites - An official government website will always have the protected domain ending in “.canada.ca” or “.gc.ca.” It’s also worth double-checking the information on any immigration-related site independently.

·  Don’t Give Out Personal Details - If you receive a call, don’t give out any details about yourself, including your SIN number.

4. Recruitment Fraud

Individual job offers aren’t the only source of employment-related immigration fraud. Fake recruitment agencies are also operating elaborate schemes targeting both foreign workers and international students. According to the Canadian HR Reporter, 57% of hiring managers were aware of job posting scams, and 45% said they’re worried about their company’s names being used without their permission.

These fake agencies target countries with high numbers of aspirational migrants using social media ads, TikTok videos, and even targeted email campaigns. They’ll make grand promises of guaranteed job placements and work visas in exchange for hefty service fees.

Naturally, once the victim pays a service fee, the agency provides next to no assistance, and may even funnel their victims into other fake schemes. Sometimes, victims are left with forged visas that they only discover once they’ve spent their life savings and find themselves at the Canadian border.

The Canadian government is working with other governments to uncover corrupt agencies. For example, in 2023, police in New Delhi arrested the owners of a fake immigration firm in India after they duped a woman out of $23,000 with a fake visa and job offer.

Traditionally, Canada has focused on going after brokers and employers violating immigration laws. In 2024, penalties were doubled, with up to $45,000 in fines and multi-year bans on acting as immigration sponsors.

Here are the top red flags to look out for:

·  Requests for cash payments.

·  No written contracts.

·  Lack of receipts.

·  No official agency registration.

·  Claims of “secret” job programs.

Always rely on official job channels to protect yourself. If you choose to use an agency, give your local Canadian immigration office or embassy a call to confirm.

What are My Legal Options if I’m a Victim of Immigration Fraud?

Victims often don’t report when they’ve been scammed because they’re scared or embarrassed. However, tackling criminals head on doesn’t just ensure justice for yourself but also protects others in the future.

We always recommend reporting the incident to the Canadian Anti-Fraud Centre (CAFC), Immigration, Refugees and Citizenship Canada (IRCC), and local law enforcement. Reporting may not amount to restitution, but it’s the first step to protecting the immigration system.

The next step is to report your case to an immigration lawyer. Experienced immigration lawyers assess your case and can help normalize your status with Canadian immigration, especially if you believe that false documents have been submitted in your name.

Also, don’t discount the ability to get your money back. You’re entitled to file lawsuits against the guilty parties to get your money back. It may take time, but victims have recovered money from fraudsters in the past.

Hire AKM Law to Simplify Your Immigration Journey

Changing immigration policies, scams, and confusing procedures leave you vulnerable to being scammed and defrauded. Working with a registered and experienced Canadian law firm optimizes your chances of success while shielding you from those who want to take advantage.

Get tailored advice on combatting immigration fraud and supporting your application as you begin your journey to Canada. To learn more, book your free consultation with one of your attorneys now.