Scams selling fake jobs to foreign workers may be operating outside Canada

A recurring scheme offering temporary foreign workers jobs in exchange for excessive fees appears to extend beyond Canada's borders.

A number of consultants operating in Canada have been accused of offering foreign workers jobs in exchange for money. Immigration lawyers and agencies are warning that the practice is becoming more common.

The scams often involve the sale labour market impact assessments (LMIAs), a federal document Canadian employers apply for when looking to hire a foreign worker.

Selling an LMIA is illegal in Canada — but the scam appears to be operating outside the country as well.

Wisdom Ogbogbaidi of Lagos, Nigeria told CBC News he was duped by one such scam. The 31-year-old said he was approached in a community Facebook group last year by a man claiming to be a travel agent who specialized in providing visas to Canada and the U.K.

"There was a kind of trust I had for him because he is from my [community group]," Ogbogbaidi told CBC News.

"There were some reasons that made me believe he is not going to do me harm."

Ogbogbaidi said the man suggested there was a job opening for him with a Canadian construction company through Canada's temporary foreign worker program, and that he would be able to bring his girlfriend with him. Ogbogbaidi said the man told him he'd have to pay up front to cover security clearances, medical checks and other administrative fees.

After paying the requested fees, Ogbogbaidi said, the supposed travel agent told him in December that an official letter of offer was coming but he would have to pay an additional fee for it. Ogbogbaidi said it was at this point that he started to become suspicious.

"I wasn't comfortable and I told him I'm not going to pay," he said.

In February of this year, Ogbogbaidi said, the supposed agent sent him a letter of offer and an obviously fake LMIA.

"That was how we got to understand that we have been duped by this guy," he said.

The fake LMIA, viewed by CBC News, looks as if it was pieced together from a copy of Citizenship and Immigration Canada's letterhead (LMIAs are issued by Employment and Social Development Canada) and a number of watermarks from various organizations, including the Canadian Labour Congress.

The letter of offer was from a company called "Cabral Construction," supposedly headquartered in Calgary. The website and phone number listed on the letter don't work and there is no "Cabral" listed at the address provided.

Ogbogbaidi estimates that he paid the fraudster 1.1 million Nigerian naira — just over $1,000 Cdn — before the fake documents arrived.

"I'm very, very, very angry. Very angry," he said.

Employment and Social Development Canada (ESDC) said any attempt to sell a LMIA is illegal.

"These activities need to be reported to the appropriate law enforcement agencies and can also lead to serious consequences, including fines, imprisonment, and/or bans from hiring foreign workers," a statement from the department said.

The House of Commons immigration committee agreed this spring to launch a study of scams offering fake jobs for cash. Conservative MP Tom Kmiec, who suggested the study, said such scams discredit Canada's immigration system.

"Our immigration system is broken. Our system was once the envy of the world but is now filled with fraud, chaos, backlogs and delays," Kmiec said in a media statement.

"Conservatives called for the immigration committee to study this rampant fraud months ago and we will continue to push for answers."

Lawyer says problem extends to many countries

Mark Holthe, an immigration lawyer from Lethbridge, Alta., said such abuse of Canada's immigration system is nothing new.

"I've been at this for 20 years and these fake job offers and fake LMIAs have been in existence the whole time," he told CBC News.

"This is rampant. It's not just Nigeria, it's everywhere."

Holthe said a legitimate company interested in finding a worker from outside Canada would have to first receive an LMIA before they offer a job to anyone. They also likely would seek an interview with a potential applicant and wouldn't charge a prospective employee anything, he said.

"The moment [Ogbogbaidi] was charged a penny for the purposes of getting the job offer, that's offside the law," he said, adding that things like security checks and work permits are obtained after an LMIA and job offer are issued.

"If it sounds too good to be true, it is. And generally speaking, an employer in Canada is not going to ask you for money to extend a job to you. It's as simple as that," he said.

Holthe said a third party consultant or lawyer can be hired to help a prospective candidate work through an application. But he warned people to ensure such third parties are accredited.

A spokesperson for Employment Minister Randy Boissonnault denounced LMIA fraudsters for targeting "vulnerable people."

"Selling LMIA tries to undermine Canada's fair immigration system and anyone who charges an individual for an LMIA is breaking the law and taking advantage of vulnerable people like in this situation — It is appalling behaviour," Boissonnault's press secretary said in an email.

ESDC said it frequently reviews the temporary foreign worker program's "regulations and processes to further prevent fraudulent activity."

The Canada Border Services Agency says it has charged 153 individuals within Canada for fraudulent immigration crimes in the last five years.

But Holthe said there is little the government can do when a scam occurs overseas, beyond monitoring and reporting when fraudulent documents are used in an application.

"They don't have any real meaningful process of going after a bad actor in a foreign country," he said.

Ogbogbaidi said he did report the fraudster to his local police but he dropped the case when the police asked him to pay a fee.

Despite being duped, Ogbogbaidi said he still hopes to work in Canada one day.

"I'm not discouraged. I just believe I fell into the wrong hands," he said.