Canada Border Services steps up crackdown on illegal foreign workers

The Canada Border Services Agency (CBSA) has ramped up enforcement activities in recent weeks; conducting raids and spot checks to identify individuals working illegally in Canada.

This increased scrutiny targets unauthorized employment across multiple provinces, including Alberta, British Columbia, and Nova Scotia.

According to Immigration News Canada(INC), “working illegally in Canada has long been a trend, due to the CBSA’s leniency, especially compared to countries like the United Kingdom that take a more active approach.”

However, it appears the CBSA is now taking steps to address this issue more seriously.

This surge in enforcement is meant to ensure compliance with the Immigration and Refugee Protection Act (IRPA).

The Risks of Working Illegally 

Engaging in unauthorized work in Canada carries serious legal consequences. Individuals identified as working without authorization may face several penalties:

• Section 44 Report and Removal Orders: CBSA officers can issue a Section 44 report, which may lead to a removal order.
• Removal Order: Individuals must leave Canada within 30 days, with non-compliance potentially escalating to a deportation order.
• Exclusion Order: In some cases, individuals may receive a 12-month exclusion order, barring re-entry into Canada for one year.
• Deportation and Permanent Bans: Deportation orders can permanently ban individuals from returning to Canada without special authorization.
• No Refugee Claims: Once a removal order is issued, individuals cannot file refugee claims, complicating their immigration history.

What To Know 

Reports tell that the CBSA has stepped up efforts to find unauthorized workers based on tips and information.

• According to INC, a recent spot check in Alberta involved a van carrying construction workers, which was stopped.
• Immigration lawyer, Raj Sharma noted that ‘the workers, marked by paint-stained hands and uniforms, were working without the necessary permits.’

The agency has also noted an alarming trend of international visitors obtaining truck driving licenses and working illegally while on visitor visas; as multiple cases of truck drivers have emerged during enforcement checks, leading to removal orders.

Options for Unauthorized Workers 

Individuals working without proper authorization in Canada have several options. The report provide that firstly:

• Consult an Immigration Lawyer: Legal counsel can help assess options and guide individuals in regularizing their status.
• Understand Implied or Maintained Status: If an extension of a permit has been applied for while the current permit is valid, individuals may legally stay and work under previous conditions until a decision is made.
• Departure Certificate: If issued a removal or exclusion order, obtaining a departure certificate from the CBSA is crucial to avoid escalation to a deportation order.
• Avoid Invalid Refugee Claims: Filing a refugee claim without valid grounds can jeopardize immigration status and complicate future applications.

Alternative Strategies for Individuals in Canada 

Findings further reveal that individuals facing challenges in Canada can explore alternative strategies rather than risking removal or deportation:

• Return to Home Country: Pursuing further education or work experience may enhance eligibility for Canadian immigration programs.
• Learn French: Improving French language skills can increase points for Express Entry and open pathways through Francophone immigration programs.
• Focus on Priority Work Experience: Gaining experience in sectors like healthcare, trades, agriculture, or STEM can improve future immigration prospects.
• Stay Informed on Immigration Policies: Keeping abreast of changing immigration policies can help individuals make proactive decisions.

Rise in Undocumented Workers and Policy Response 

According to INC, Canada has seen an increase in temporary visa holders overstaying their authorized periods, contributing to illegal employment.

• Estimates suggest that between 500,000 and one million undocumented workers currently reside in Canada.
• This group includes international students working beyond authorized limits and visitor visa holders engaged in unauthorized work.

The recent raids, as stated, align with Immigration Minister Mark Miller’s strategy to reduce the number of temporary residents in Canada by 20%.