Guys, I think my family member is scammed, what to do next?

[Mananas]

Hi Guys,

My brother in law, got a LMIO using which he got his 2 years of closed work permit, after he got the passport approval request. The LMIO provider told him that he doesn't have a job and won't be able to pay him due to market conditions, and he has reduced the employees strength to 1 person.

Now my brother in law is questioning the move as we all now there are not many jobs in Canada today. It seems he is be scammed, since the LMIO provider would have got the amount from government for generating job while this guy is stuck.

How to proceed here? Is there a way to file a case against the LMIO provider? My brother in law is in turmoil both financially and mentally.

 

[Naturgrl]

Hi Guys,

My brother in law, got a LMIO using which he got his 2 years of closed work permit, after he got the passport approval request. The LMIO provider told him that he doesn't have a job and won't be able to pay him due to market conditions, and he has reduced the employees strength to 1 person.

Now my brother in law is questioning the move as we all now there are not many jobs in Canada today. It seems he is be scammed, since the LMIO provider would have got the amount from government for generating job while this guy is stuck.

How to proceed here? Is there a way to file a case against the LMIO provider? My brother in law is in turmoil both financially and mentally.

If you mean LMIA, how is he being scammed and how is employer benefitting financially from the government? How long has he worked in Canada?

 

[Mananas]

Sorry LMIA, He is in India, and with family members connection found a person who offered him LMIA in the business field, today he got his passport request and immediately got a call from LMIA provider that he cannot keep him because of the economic state as he won't be able to pay him.

LMIA provider was paid 15 lakh for his service.

 

[Naturgrl]

Sorry LMIA, He is in India, and with family members connection found a person who offered him LMIA in the business field, today he got his passport request and immediately got a call from LMIA provider that he cannot keep him because of the economic state as he won't be able to pay him.

LMIA provider was paid 15 lakh for his service.

Has he talked directly to his employer? Who is the employer and what is the NOC? You don’t pay for a LMIA. So he should not have had to pay all that money. So if there was no job then he was scammed, and will not get his money back.

 

[Mananas]

I believed he talked via family member, I need to check with him for the employer and NOC details, but it was for CA position.
He paid 15 lakhs so far and was going to pay the remaining by putting down a share over each paycheck.

 

[Naturgrl]

I believed he talked via family member, I need to check with him for the employer and NOC details, but it was for CA position.
He paid 15 lakhs so far and was going to pay the remaining by putting down a share over each paycheck.

A LMIA costs an employer $1,000 CDN. If asked to pay then being scammed. A work permit costs a couple hundred dollars. So there is no way he needs to be paying that much money.

 

[Mananas]

How can I take legal action against that LMIA provider? BTW I am a Canadian citizen

 

[Naturgrl]

How can I take legal action against that LMIA provider? BTW I am a Canadian citizen

I don’t know what you mean by LMIA provider? An employer files for a LMIA. If brother used an agent and then the agent is not even in Canada, then brother files a police report in that country. You can file a report with RCMP but nothing will be done because agent is probably not even in Canada. Your brother’s money is most likely gone.

 

[Mananas]

Let me clarify the case bit more

- Employer is in Canada
- VIA family circle, found that employer is issuing LMIA for 15 lakhs when the passport process is done and then you work for him while paying small amount from paycheck
- Using the LMIA letter, he applied for the worker visa, agent in India helped him with the filing process as employer provided his info to my brother in law
- He was rejected 1st time as enough details were not provided from the employer side probably
- He opened a query, that how can you issue an LMIA and then reject the visa. LMIA is passed in 1st place as it was approved by government
- He got the medical request and passport request with approved work visa for 2 years when he applied again
- But then he received an update from employer that he cannot afford to hire him in this economy, and that he has cut down his team size to 1 person

I want to take a legal action against employer and the agent in India. It has not only costed us money but also mental turmoil

 

[Naturgrl]

Let me clarify the case bit more

- Employer is in Canada
- VIA family circle, found that employer is issuing LMIA for 15 lakhs when the passport process is done and then you work for him while paying small amount from paycheck
- Using the LMIA letter, he applied for the worker visa, agent in India helped him with the filing process as employer provided his info to my brother in law
- He was rejected 1st time as enough details were not provided from the employer side probably
- He opened a query, that how can you issue an LMIA and then reject the visa. LMIA is passed in 1st place as it was approved by government
- He got the medical request and passport request with approved work visa for 2 years when he applied again
- But then he received an update from employer that he cannot afford to hire him in this economy, and that he has cut down his team size to 1 person

I want to take a legal action against employer and the agent in India. It has not only costed us money but also mental turmoil

So get a lawyer to go after Canadian employer since you know the employer. Agent is in India so file a police report in India. Not much Canadian authorities can do with Indian agent. Your brother in law tried to buy a LMIA which is against the law and is paying the consequences.

 

[Mananas]

Thanks for the details

 

[Buletruck]

Let me clarify the case bit more

- Employer is in Canada
- VIA family circle, found that employer is issuing LMIA for 15 lakhs when the passport process is done and then you work for him while paying small amount from paycheck
- Using the LMIA letter, he applied for the worker visa, agent in India helped him with the filing process as employer provided his info to my brother in law
- He was rejected 1st time as enough details were not provided from the employer side probably
- He opened a query, that how can you issue an LMIA and then reject the visa. LMIA is passed in 1st place as it was approved by government
- He got the medical request and passport request with approved work visa for 2 years when he applied again
- But then he received an update from employer that he cannot afford to hire him in this economy, and that he has cut down his team size to 1 person

I want to take a legal action against employer and the agent in India. It has not only costed us money but also mental turmoil

You should probably consider any repercussions for your brother in law given he has essentially paid to get a LIMA for what sounds like a false job to begin with before running through the courts. At least a Canadian court. You might be better off to just take the loss and find a genuine employer and not some shady family scam.

 

[foodie69]

Let me clarify the case bit more

- Employer is in Canada
- VIA family circle, found that employer is issuing LMIA for 15 lakhs when the passport process is done and then you work for him while paying small amount from paycheck
- Using the LMIA letter, he applied for the worker visa, agent in India helped him with the filing process as employer provided his info to my brother in law
- He was rejected 1st time as enough details were not provided from the employer side probably
- He opened a query, that how can you issue an LMIA and then reject the visa. LMIA is passed in 1st place as it was approved by government
- He got the medical request and passport request with approved work visa for 2 years when he applied again
- But then he received an update from employer that he cannot afford to hire him in this economy, and that he has cut down his team size to 1 person

I want to take a legal action against employer and the agent in India. It has not only costed us money but also mental turmoil

100% scam, there's no legit employer, no job, nothing is real. These guys are pros.. it's all fake.

 

[forevermore76]

There's probably more to this story and since the applicant was approved the LMIA must have been genuine. Employer bailing is not illegal so there's no real case here. Cut your losses and move on unless you have extensive proof of communication with employer along with money trail to establish immigration fraud and even then the applicant looks like an accomplice here.

 

[Naturgrl]

There's probably more to this story and since the applicant was approved the LMIA must have been genuine. Employer bailing is not illegal so there's no real case here. Cut your losses and move on unless you have extensive proof of communication with employer along with money trail to establish immigration fraud and even then the applicant looks like an accomplice here.

Not genuine. Brother in law paid 15 lachs, which is illegal.