Working with Immigration Consultants: What Hotel Employers Need to Know

Navigating immigration processes can be complex, especially when working with Temporary Foreign Workers (TFWs). Many hotels rely on third-party immigration consultants to support recruitment and compliance, but it’s critical for employers to understand their responsibilities.

Whether you’re engaging a consultant directly or working alongside one hired by a foreign national, staying informed and vigilant protects your business and the workers you employ.

 

Start with Proper Verification

Employers should ensure that immigration consultants are members in good standing with the College of Immigration and Citizenship Consultants (CICC). The CICC maintains a public list of certified consultants here.

 

Employer Responsibilities When Using Third-Party Representatives

Employers must ensure that any third-party representative they engage does not charge recruitment fees to TFW. Employers are accountable for the actions of any third-party representatives they retain and should:

• Exercise due diligence by checking in with TFWs to ensure compliance and identify any concerns.

 

Use Caution

If a proposal or promise sounds too good to be true, it probably is. Employers should carefully review all immigration and recruitment arrangements before proceeding.

 

Contracts with Immigration Consultants

If a TFW has entered into a contract with an immigration consultant and the consultant requires support from the hotel, the hotel should request and review a copy of the contract. This review helps ensure that:

• The hotel understands any obligations it may be expected to fulfill.
• The fees being charged are reasonable and lawful.
• The scope of services being provided is appropriate and transparent.
• The arrangement complies with applicable provincial and federal requirements.

 

Advertising and Recruitment Oversight

• The hotel should review and approve all recruitment advertisements placed on its behalf.
• The hotel has the right to refuse to work with, or discontinue working with, any third-party representative engaged by a TFW.

 

Recruitment Fee Prohibitions

It is illegal for an immigration consultant, recruiter, or employer to charge a Temporary Foreign Worker for the cost of a Labour Market Impact Assessment (LMIA) application. Federal regulations prohibit TFWs from paying any costs associated with obtaining employment in Canada. Recruitment fees include any charges or expenses related to finding, securing, or maintaining employment.

Under the Temporary Foreign Worker Program:

• The employer is solely responsible for paying the LMIA processing fee.
• The employer cannot recover LMIA costs from the worker, either directly or indirectly.
• Legal or consultant fees associated with preparing and submitting an LMIA application must also be paid by the employer when they relate to the employer’s application.
• Employers are fully responsible for ensuring that neither they nor any third-party recruiters charge workers for recruitment services.

 

Key Takeaways

• Charging TFWs for LMIA fees, job placement services, or recruitment costs is prohibited.
• Employers must pay LMIA-related applications and recruitment costs.
• TFWs who are asked to pay prohibited fees should report the matter to the appropriate authorities, including the College of Immigration and Citizenship Consultants (CICC) and Service Canada.

 

Download Immigration Consultant Compliance Checklist HERE