Many Canadian firms are unaware of the severe consequences of hiring a foreign worker unlawfully. Only Canadian citizens and permanent residents have the right to work in the country. In order to work in Canada, foreign employees often need legal authorization, such as a work permit. Few companies, however, are aware of the severity of these sanctions, which can apply to both the employer and the foreign national.
Migration Act Canada provides severe penalties for working illegally
Most readers will also be aware that employing people who are not legally entitled to work in the nation is illegal under the Migration Act of Canada, and any company found in violation of the Act might face severe penalties. You may face deportation if you unlawfully entered Canada as an inadmissible person. Staying up to date on visas and visa renewals, as well as ensuring you are lawfully in Canada, are two of the most critical strategies to avoid deportation.
Failure in Due Diligence at time of hiring can lead to fine and Prison term too
Failure to undertake due diligence by the employer in determining whether a work permit is necessary would be considered negligent. Employers who hire unauthorized foreign nationals face exceptionally substantial legal risks as a result of the due diligence requirement. One significant implication is that an employer who fails to do the due diligence will be unable to rely on haste or inadvertence as a defense. Employers who illegally hire foreign nationals face fines of up to $50,000, while workers who knowingly assist in the illegal hiring face up to two years in jail.
Working Illegally in Canada can lead to Deportation
The penalties are doubled to $100,000 and five years if there is proof of deception by the employer or its workers – foreign nationals who work illegally in Canada risk being arrested and deported. If there is proof of misrepresentation, they may be barred from returning to the nation for two years. Foreign nationals who are working illegally in Canada may be arrested and deported. If you are detected working illegally, you will face severe repercussions. The Immigration Division of the Immigration and Refugee Board will convene a hearing at which you will testify. The Immigration Division is in charge of determining whether you acted in violation of the Immigration and Refugee Protection Act. If you are found guilty, you will be declared inadmissible to the nation by the authorities.
Violations and hiring illegal workers lead to heavy fines
First-time offenders could face fines ranging from $250 to $2,000 per unauthorized employee. The penalties escalate from $2,000 to $5,000 per unauthorized employee for the employer’s second violation. If the company commits three or more offenses, it might face fines ranging from $3,000 to $10,000 per unauthorized employee.
Summing up- Working illegally in Canada is a high risk activity
Employers who hire foreign nationals to work in Canada must first establish whether the foreign national’s proposed activities in Canada need the acquisition of a work permit. Failure to do so might result in a hefty fine and/or a prison sentence for the business and any workers who knowingly assist in the employment of the foreign worker. It might also result in foreign nationals’ deportation from Canada and a two-year ban on future immigration.