Ackah Business Immigration Law can assist you to prepare for a Compliance Review/Inspection and ensure that your organization complies with Immigration, Refugees and Citizenship Canada’s Temporary Foreign Worker Program (LMIA) and the International Mobility Program (LMIA exempt) requirements – before you receive a call from the government.
Our Employment Law and Human Resources Advisory services assist our corporate immigration clients with planning for terminations, layoffs and drafting employment and consulting agreements to ensure you are well protected. We are pleased to have on our team experienced employment and labour lawyers and human resources consultants that will be contracted with us to assist our clients.
FAQs
Why Should a Company Conduct an Immigration Compliance Audit?
An immigration compliance audit helps an employer identify gaps before a government inspection. It can uncover problems involving work authorization, job duties, wages, working conditions and required records. Addressing those issues early can reduce the risk of penalties or hiring bans. Ackah Law’s compliance audit services provide practical recommendations for correcting weaknesses.
What Does an Immigration Compliance Audit Involve?
An audit reviews each foreign worker’s status and compares their actual duties, wages, hours, location and working conditions with the work permit, LMIA or submitted offer of employment. It also examines employment agreements, payroll and required records, which generally must be retained for six years. Ackah Law then identifies gaps and recommends corrective steps.
How Often Should a Company Conduct a Compliance Audit?
No law requires every employer to conduct an internal audit on the same schedule. As a practical safeguard, review compliance annually and whenever a foreign worker’s role, wages, location or status changes or the company restructures. Ackah Law can recommend an audit schedule based on your workforce and the immigration programs you use.
How Can Ackah Law Support HR Teams Managing Foreign Workers?
Ackah Law works with HR teams to establish compliant onboarding, track permit expiries, plan renewals, document employment changes, maintain required records and train staff. The firm can also help determine when changes to duties, wages or work locations require immigration action or voluntary disclosure. Learn more about Ackah Law’s human resources services.
Can Ackah Law Help with Employment Contracts for Foreign Workers?
Yes. Ackah Law reviews and drafts employment agreements for international hires, ensuring the terms reflect the worker’s authorized employer, occupation and location and match any LMIA or Employer Portal offer. The agreement must also comply with applicable provincial or territorial employment standards. Early review helps prevent inconsistencies that could create compliance problems.
What Employment Law Services Does Ackah Law Provide?
Ackah Law provides employment law and HR advisory services for corporate immigration clients, including recruitment and hiring, employment agreements, terminations, layoffs and severance. The firm also advises on workplace investigations, employment policies, privacy, human rights and absence or disability management, with particular attention to obligations affecting foreign workers.
What Happens if a Company Is Found Non-Compliant with Work Permit Conditions?
Depending on the violation, an employer may receive a warning, penalties up to $100,000 per violation and $1 million per year, a temporary or permanent hiring ban and publication of its name and address. Future LMIA and work permit applications may also be affected. Ackah Law can help employers respond to inspection findings and address compliance issues.
