Canada Border Services Steps Up Crackdown on Illegal Foreign Workers

The Canada Border Services Agency (CBSA) has increased its enforcement activities in recent weeks; conduct searches and spot checks to identify people working illegally in Canada.

This increased surveillance targets unauthorized employment in several 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 leniency of the CBSA, especially compared to countries like the UK which take a more active approach. »

However, it appears that the CBSA is now taking steps to tackle this problem more seriously.

This increased enforcement action is intended 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. Persons identified as working without authorization are subject to several sanctions:

Section 44 Report and Removal Orders: CBSA officers may issue a section 44 report, which may lead to a removal order.
Removal order: Individuals must leave Canada within 30 days, failure to comply may result in deportation order.
Exclusion order: In some cases, individuals may receive a 12-month exclusion order, prohibiting them from returning to Canada for one year.
Expulsion and permanent bans: Deportation orders can permanently prohibit individuals from returning to Canada without special authorization.
No Claim to Refugee Status: Once a removal order is issued, individuals cannot file for asylum, complicating their immigration history.

What you need to know

Reports indicate that the CBSA has increased its efforts to track down unauthorized workers based on tips and information.

According to the 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 also noted an alarming trend of international visitors obtaining truck driving licenses and working illegally while on visitor visas; as numerous cases of truck drivers have come up during enforcement checks, leading to expulsion measures.

Options for unauthorized workers

People working without proper authorization in Canada have several options. The report states that firstly:

Consult an immigration lawyer: A legal advisor can help evaluate options and guide individuals in regularizing their status.
Understanding implicit or maintained status: If a permit extension has been requested while the current permit is valid, individuals can legally remain and work under prior conditions until a decision is made.
Departure certificate: If a removal or exclusion order is issued, it is essential to obtain a departure certificate from the CBSA to avoid escalating into a deportation order.
Avoid invalid refugee claims: Filing an asylum application without good cause can jeopardize immigration status and complicate future applications.

Alternative strategies for individuals in Canada

The results further reveal that people facing difficulties in Canada can explore alternative strategies rather than risk removal or deportation:

Return to country of origin: Pursuing additional studies or gaining work experience can improve eligibility for Canadian immigration programs.
Learn French: Improving French skills can increase points for Express Entry and open pathways through French-speaking immigration programs.
Focus on priority work experience: Gaining experience in sectors such as healthcare, trades, agriculture or STEM can improve future immigration prospects.
Stay informed about immigration policies: Keeping up to date with changing immigration policies can help individuals make proactive decisions.

Increase in the number of undocumented workers and policy response

According to the INC, Canada has seen an increase in the number of temporary visa holders exceeding the permitted duration, contributing to illegal work.

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.

As noted, the recent searches align with Immigration Minister Mark Miller’s strategy to reduce the number of temporary residents in Canada by 20%.