Lmia on-site inspection Big mess

[fahadpaaki]

Hello,
Is here any one been through lmia on site surprise inspection?

Looks like i am in a big trouble

So i can 3 months ago on closed wp. I have been working for the same employer as stated on lmia from day one
We got inspected surprisely n it was awful
I am a retail supervisor. Everything was fine until they asked me who m I supervising ?
So our store is not that busy and 2 other employees left the job as they got better opportunity. So the owner myself and one more employee works at the store
So when that lady from esdc asked me who I supervise i had no answer because there is always one person at the store
Other than that mu job duties are 90% same as stated on lmia approval letter
So i am so worried now that can they revoke the lmia and my wp or not?
They took the pictures of the store and schedules
And also under what circumstances they can cancel or revoke the approved lmia and wp???
Reason for inspection as stated on the paper they gave us said it has been suspected that employer is not complying with the lmia regulation. How can they suspect all of a sudden?

Seniors advice would be really appreciated
Thanks

 

[scylla]

Hello,
Is here any one been through lmia on site surprise inspection?

Looks like i am in a big trouble

So i can 3 months ago on closed wp. I have been working for the same employer as stated on lmia from day one
We got inspected surprisely n it was awful
I am a retail supervisor. Everything was fine until they asked me who m I supervising ?
So our store is not that busy and 2 other employees left the job as they got better opportunity. So the owner myself and one more employee works at the store
So when that lady from esdc asked me who I supervise i had no answer because there is always one person at the store
Other than that mu job duties are 90% same as stated on lmia approval letter
So i am so worried now that can they revoke the lmia and my wp or not?
They took the pictures of the store and schedules
And also under what circumstances they can cancel or revoke the approved lmia and wp???
Reason for inspection as stated on the paper they gave us said it has been suspected that employer is not complying with the lmia regulation. How can they suspect all of a sudden?

Seniors advice would be really appreciated
Thanks

Which NOC are you under? 6211?

There is good reason to be worried. A supervisory role requires that you be supervising and coordinating staff (i.e. several employees). Since you aren't doing that - your role is not supervisory. Yes - they can revoke the LMIA and work permit if they find there are grounds to do so. You have to look at it from their perspective. Your employer got an LMIA approved for a supervisory role - but the role you are performing isn't supervisory so this makes it appear like your employer obtained the approved LMIA fraudulently. Note that 35% of the duties for NOC 6211 involve staff supervisory activities.

I'm not sure what you mean by "How can they suspect all of a sudden?". There are random checks performed.

There's really nothing you can do but wait. I would have a plan in place for what you will do in the event your work permit is revoked.

 

[Copingwithlife]

Hello,
Is here any one been through lmia on site surprise inspection?

Looks like i am in a big trouble

So i can 3 months ago on closed wp. I have been working for the same employer as stated on lmia from day one
We got inspected surprisely n it was awful
I am a retail supervisor. Everything was fine until they asked me who m I supervising ?
So our store is not that busy and 2 other employees left the job as they got better opportunity. So the owner myself and one more employee works at the store
So when that lady from esdc asked me who I supervise i had no answer because there is always one person at the store
Other than that mu job duties are 90% same as stated on lmia approval letter
So i am so worried now that can they revoke the lmia and my wp or not?
They took the pictures of the store and schedules
And also under what circumstances they can cancel or revoke the approved lmia and wp???
Reason for inspection as stated on the paper they gave us said it has been suspected that employer is not complying with the lmia regulation. How can they suspect all of a sudden?

Seniors advice would be really appreciated
Thanks

I am a bit confused as to why you feel they can suspect all of the sudden that the employer is not in compliance with the terms and conditions of the LMIA. The ESDC has a department called Integrity Services, there mandate is just that, to maintain the "Integrity" of the programs they have been assigned by the Government to monitor to ensure compliance is maintained.
This is from the ESDC website
"As part of its mandate, the Integrity Services Branch (ISB) reviews and investigates suspected client error and fraud to ensure effective stewardship of public funds. ISB currently undertakes investigations encompassing the Employment Insurance (EI), Pensions (Canada Pension Plan (CPP) and Old Age Security (OAS)) and Social Insurance Number (SIN) programs, and performs employer compliance reviews and inspections for the Temporary Foreign Worker Program."
Just because an employer and employee have been given a positive LMIA and work permit assigned does not mean that they are in effect "home free", from being in compliance and having inspections done by the Government .Would you be surprised if your tax return was pulled and audited ? Same premise. As mentioned, I would be worried. Compliance is mandatory

https://www.canada.ca/en/employment-social-development/corporate/reports/audits/2014-integrity-practices.html

 

[fahadpaaki]

Which NOC are you under? 6211?

There is good reason to be worried. A supervisory role requires that you be supervising and coordinating staff (i.e. several employees). Since you aren't doing that - your role is not supervisory. Yes - they can revoke the LMIA and work permit if they find there are grounds to do so. You have to look at it from their perspective. Your employer got an LMIA approved for a supervisory role - but the role you are performing isn't supervisory so this makes it appear like your employer obtained the approved LMIA fraudulently. Note that 35% of the duties for NOC 6211 involve staff supervisory activities.

I'm not sure what you mean by "How can they suspect all of a sudden?". There are random checks performed.

There's really nothing you can do but wait. I would have a plan in place for what you will do in the event your work permit is revoked.

Thanks for the reply.
Yes its6211
If it was a random chk i would not be worried but the documents they gave us says esdc suspect that employer is not complying bla bla. There is also a reason of random check but that has not been marked bolded or underline. And the person from sc said the same thing its not random and that u have been selected under suspicion.
It doesn’t really matter why they r doing it since they will do it anyway.

I was just concerned that how u can someone suspect all of a sudden. My lawyer said there could a tip received by sc. and if could be anyone previous employees, any customer or anyone

The second thing i wanted to ask let's say there is a small store with 2 employees one does all the ordering scheduling return of merchandise etc. All the duties as 6311 noc does except supervising
I mean he does supervise like he ask the other employee to do something and next day comes and checthis will still not be counted as 6211????

Have u ever seen someones lima being revoked ??
Is yes then on what basis ?

Because they say they can giva a warning penalize or revoke

Thankss for the reply

 

[Copingwithlife]

It is all online what the ESDC can do for non compliance


https://www.canada.ca/en/employment-social-development/services/foreign-workers/employer-compliance.html

 

[fahadpaaki]

I am a bit confused as to why you feel they can suspect all of the sudden that the employer is not in compliance with the terms and conditions of the LMIA. The ESDC has a department called Integrity Services, there mandate is just that, to maintain the "Integrity" of the programs they have been assigned by the Government to monitor to ensure compliance is maintained.
This is from the ESDC website
"As part of its mandate, the Integrity Services Branch (ISB) reviews and investigates suspected client error and fraud to ensure effective stewardship of public funds. ISB currently undertakes investigations encompassing the Employment Insurance (EI), Pensions (Canada Pension Plan (CPP) and Old Age Security (OAS)) and Social Insurance Number (SIN) programs, and performs employer compliance reviews and inspections for the Temporary Foreign Worker Program."
Just because an employer and employee have been given a positive LMIA and work permit assigned does not mean that they are in effect "home free", from being in compliance and having inspections done by the Government .Would you be surprised if your tax return was pulled and audited ? Same premise. As mentioned, I would be worried. Compliance is mandatory

https://www.canada.ca/en/employment-social-development/corporate/reports/audits/2014-integrity-practices.html

I understand that
But the thing is the reason they gave us is we suspect
Its not random. They said its not random. Because there was a page for random selection with less documentation but they said you company has not been selected randomly. Sc suspect.
So just wondering how can they suspect

It doesn’t really matter at the end of the day anyways

 

[scylla]

I understand that
But the thing is the reason they gave us is we suspect
Its not random. They said its not random. Because there was a page for random selection with less documentation but they said you company has not been selected randomly. Sc suspect.
So just wondering how can they suspect

It doesn’t really matter at the end of the day anyways

This is irrelevant. It doesn't matter.

The fact of the matter is that you've been caught in a bad situation.

Almost 40% of the duties under 6311 relate to supervising people. So if you aren't supervising a team - you are failing to meet 40% of the duties.

Again - yes. The LMIA/work permit can be revoked if it's found you aren't actually executing these duties.

 

[fahadpaaki]

This is irrelevant. It doesn't matter.

The fact of the matter is that you've been caught in a bad situation.

Almost 40% of the duties under 6311 relate to supervising people. So if you aren't supervising a team - you are failing to meet 40% of the duties.

Again - yes. The LMIA/work permit can be revoked if it's found you aren't actually executing these duties.

That doesn’t even make sense

 

[fahadpaaki]

If i doing 60% of duties still would not be considered as that noc Lol
What a fucking joke

 

[fahadpaaki]

This is irrelevant. It doesn't matter.

The fact of the matter is that you've been caught in a bad situation.

Almost 40% of the duties under 6311 relate to supervising people. So if you aren't supervising a team - you are failing to meet 40% of the duties.

Again - yes. The LMIA/work permit can be revoked if it's found you aren't actually executing these duties.

U might have lot of experience but i think you haven’t seen a similar case to mine right?

 

[scylla]

That doesn’t even make sense

It makes perfect sense. The key accountabilities that truly differentiate a supervisor from a retail/sales person are the people accountabilities.

 

[fahadpaaki]

It makes perfect sense. The key accountabilities that truly differentiate a supervisor from a retail/sales person are the people accountabilities.

I don’t agree to that
There are around 3 other key factors as well
Ordering
Scheduling
Return merchandise

 

[scylla]

U might have lot of experience but i think you haven’t seen a similar case to mine right?

I've seen a number of cases on this forum over the years where there's been an investigation on-site. It's not common - but not unheard of. In the cases I remember, most resulted in a warning - however some did result in a work permit cancelation and the employer was notified that they weren't allowed to apply for another LMIA for a period of time.

Your best bet is to work closely with your lawyer - which it sounds like you're already doing - and hope all your employer receives is a warning (with no impact to you).

 

[fahadpaaki]

I've seen a number of cases on this forum over the years where there's been an investigation on-site. It's not common - but not unheard of. In the cases I remember, most resulted in a warning - however some did result in a work permit cancelation and the employer was notified that they weren't allowed to apply for another LMIA for a period of time.

Your best bet is to work closely with your lawyer - which it sounds like you're already doing - and hope all your employer receives is a warning (with no impact to you).

Yes
Thanks for the best hopes and information

Could please tell about a case where there was a warning and a cancellation?

A link would definitely be value able as i have been searching kn this forum but could find a single particular case

Thank u very much

 

[Copingwithlife]

And people question why there’s a audit system in place
I wonder why . Because of situations such as this .....

https://usa.inquirer.net/38719/fil-canadian-ex-legislator-charged-with-immigration-fraud