Immigration Scams, false promises and fewer pathways

Despite repeated warnings from authorities, immigration-related scams continue to target vulnerable newcomers across Canada, particularly temporary workers and international students. As immigration pathways become more competitive and permanent residency options more limited, desperation and misinformation can leave applicants exposed to serious legal and financial risks. In this interview, Milénio Stadium spoke with Athena Portokalidis, an immigration lawyer at Bellissimo Law Group, about the most common fraudulent schemes currently affecting applicants, the growing threat posed by so-called “ghost representatives,” and the real consequences of false promises of guaranteed approvals. She also reflects on how recent policy changes are reshaping the lives of those already living and working in Canada.

Milénio Stadium: Despite ongoing warnings from authorities, immigration-related scams continue to affect many people in Canada. What types of fraudulent schemes are most common today, and why do they continue to find so many victims, particularly among temporary workers and international students?

Athena Portokalidis: A common issue is individuals falling victim to “ghost representatives.” These are typically unauthorized agents who may advertise themselves as being able to assist with immigration applications, may make guarantees to obtain an approval, charge a fee for doing so, but are often not actually licensed and do not provide their information in the applications they assist with, which is a requirement. These “ghost representatives” have the potential to seriously jeopardize and negatively impact the applications they work on, including making errors, excluding required information, encouraging people to lie on their applications, and not providing applications for review to applicants prior to submission. Unfortunately, when refusals are received, the “ghost representative” often disappears, and the individual who went to them for assistance is left to deal with the consequences on their own.

There are many reasons why individuals may fall victim to this type of situation, but most commonly we see the reason is because they are simply uninformed about the process. For many people, they can fall victim the first time they are seeking to apply for a work permit or study permit for Canada, as they are unfamiliar with the application process, and do not know that an authorized representative should declare themselves on the application and should be registered either with the Law Society of a Province or Territory in Canada, the Chambre des notaries du Québec, or with the College of Immigration and Citizenship Consultants.

MS: Many immigrants arrive in Canada with unrealistic promises of fast and guaranteed permanent residency. To what extent do these false expectations contribute to candidates’ vulnerability to scams, and what warning signs should be immediately recognized?

AP: A telltale sign which should immediately alert individuals is a scenario that sounds too good to be true. When people become desperate and hear that someone can guarantee an approval for a visa, permit, or permanent residency, or offers a bypass for certain requirements, the immediate reaction might be to jump at that opportunity. In reality, no one can guarantee an outcome, and individuals should be wary of agents who offer “quick fixes.”

MS: With the recent tightening of immigration rules and the reduction in permanent residency spots, how are these changes affecting people who already live and work in Canada but whose work permits are nearing expiration?

AP: This can unfortunately create a situation where there are a number of people who have started to build a life for themselves and/or their families in Canada, but do not have as clear of a pathway to permanent residency as they may have thought when they initially arrived.  With permanent residency options being limited and more competitive, this may culminate in the individual or the family having to make the difficult decision to return to their home country, if they do not have any legal options to remain in Canada (i.e., if they do not qualify for permanent residence or cannot renew their temporary status).

MS: Is there a risk that these new policies could push some workers into irregular status or labour exploitation? What legal and human consequences could this scenario have, both for immigrants and for the Canadian system itself?

AP: Sadly, there is that risk. When people run out of options, they can become desperate and may find themselves in less than favourable situations. From a human perspective, you may see people who are stuck and have run out of options, though they cannot return to their home country for one reason or another, which presents its own set of challenges. If someone is being abused or mistreated by their employer and fear that speaking out would jeopardize their immigration status in Canada, this may not be the case, and they should speak with an immigration lawyer. From an immigration law perspective, we have seen a massive increase in the processing times for certain applications that remain available, such as for permanent residence based on humanitarian and compassionate grounds. The processing time is now estimated to be over ten years. This may be from increased interest and demand for the program, resulting in an influx of applicants beyond the yearly immigration caps set by the government. This creates a significant barrier to applicants seeking to resolve their immigration status through this program and can practically make this program inaccessible.

This can also make people more vulnerable to immigration scams and becoming victims of “ghost representatives” who might over-promise unrealistic options. It is important for people to be aware of the risks, do their own research, and get second opinions where possible.

MS: What practical advice would you give to those currently going through an immigration process or a status renewal, to avoid scams and make informed decisions in an increasingly competitive and uncertain context?

AP: Start researching options early, and do not leave your application to the last minute if you can avoid it. If something sounds too good to be true, it very well may be, and it never hurts to get a second, or third opinion. Knowledge is power. Ask questions, and if speaking with a potential representative, research that representative and their business online to confirm that they are registered/licensed and in good standing.

Madalena Balça/MS