Case Study: Potential ban from the Temporary Foreign Worker Program

July 27, 2017

Immigration_CaseStudy_26July17_PanAmGames_Landing_679x220.jpg

After being flagged for apparent misrepresentation by the Canada Border Services Agency (CBSA), a multi-national corporation reached out to BDO’s Immigration Services for assistance with urgent visas for dozens of people from several countries.

The Issue

The client was engaged as a supplier for the Toronto 2015 Pan Am Games on a multi-month contract. Upon initially entering Canada, the client’s employee advised a CBSA officer that she was in Canada for vacation instead of business. When her spouse joined several weeks later and requested a work permit, the officer questioned the principal application and determined there was a misrepresentation.

The Approach

The Immigration Services team knew it was critical to act immediately, otherwise, a significant supplier of the Pan Am Games would be at risk. With a quick and thorough review of the contract, the team took the following steps:

  1. Advised all non-compliant team members currently in Canada to return back to their home countries
  2. Identified and filed the paperwork necessary for each team member to return to Canada legally
  3. Ensured that any new team members were properly documented at the outset of the visa application and effectively coached for their entry process
  4. Obtained advice from the Temporary Foreign Worker Unit before the team members travelled to bolster the case for re-entry

The Outcome

While the misrepresentation on behalf of the client’s representative was unintentional, the client was facing administrative and monetary penalties and a potential ban from the Temporary Foreign Worker Program. There were critical concerns about the client’s entry into Canada for the Pan Am Games and its ability to carry out the work as per contract.

The Immigration Services team worked with the client to assess the situation, file the necessary paperwork, and help resolve the cross-border misrepresentation issue and obtain temporary visas in a timely manner. The team also ensured that the client’s subsequent travellers were carrying the appropriate paperwork for their entry into Canada.

For advice, information and support on your cross-border moves, contact us today.

Contacts:

Mark Chow, Partner
Doreen Buksner, Senior Manager