Corporate Compliance
Companies employing temporary foreign workers are responsible for maintaining full compliance with relevant immigration programs and must be prepared for government compliance audits, which can occur at any time. In a corporate immigration landscape that is constantly evolving, staying informed and compliant is essential.
At BARTLAW LLP, we collaborate closely with employers, offering comprehensive guidance to ensure they remain up to date with ongoing compliance obligations and proactively adhere to all immigration regulations.
In partnership with employers, we develop custom action plans that align with regulatory requirements and corporate policy priorities. This strategic approach helps companies achieve their operational goals while ensuring immigration compliance. We assist employers in identifying any areas of concern, as well as maintaining essential compliance documentation, ensuring that it is easily accessible in the event of a government audit. When necessary, we may recommend voluntary disclosure of identified compliance issues to mitigate potential liability.
Findings of noncompliance can result in substantial monetary penalties and restrictions on the hiring of temporary foreign workers, which can significantly impact businesses—especially those that rely on the international movement of staff. If the Canadian government has already identified areas of noncompliance, we work closely with affected employers to minimize the repercussions for the business and its responsible officers. Our team thoroughly reviews compliance concerns and collaborates with employers to pinpoint the actions that led to noncompliance, developing effective remedial programs to address these issues while minimizing business disruption.
We employ robust legal strategies to defend against claims of noncompliance, utilizing regulatory defenses, legal justifications, and comprehensive remedial programs to minimize administrative monetary penalties and potential program bans.
Our firm works closely with employers on project undertakings to provide guidance on maintaining compliance with Canadian immigration regulations. The compliance services we provide employers include:
- Employer Immigration Compliance Reviews;
- Government Audit Representation;
- Employer Compliance Defence; and
- Mergers and Acquisitions and Corporate Restructuring Analysis.
Government Audit Representation and Immigration Compliance Due Diligence
Navigating government audits can be exceptionally challenging to navigate due to the complexities of Canada’s immigration compliance regime. The regulatory framework grants investigating officers extensive authority to review documents, interview employees, and conduct warrantless searches of workplaces. While these investigations may seem straightforward, employers lacking a comprehensive understanding of the immigration compliance regulation regime risk inadvertently raising noncompliance concerns where none exist.
Our firm provides robust representation for employers before Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC) in the event of a compliance audit. We guide employers through the audit process, outlining what to expect from investigating officers. Our team ensures that companies provide all necessary documentation within mandated time frames and disclosure requirements.
We also offer on-site representation during workplace inspections, documentation reviews, and interviews with ESDC and Canada Border Services Agency (CBSA) officials. Our representation includes both verbal and written legal counsel, addressing key areas of compliance, voluntary disclosures, and legal justifications. We focus on defending against noncompliance based on applicable legal standards and specific business circumstances to minimize liability effectively.
Comprehensive Employer Support for Hiring and Transitioning Foreign Workers to Canada
BARTLAW LLP offers a full suite of services to help employers manage all facets of hiring and transitioning foreign workers, ensuring a compliant, efficient, and seamless experience. Our expert services encompass a range of critical immigration and settlement aspects to ensure compliance and foster a positive relocation experience for both employers and employees.
Development of Visa and Human Resource Strategies for Relocation
Our team works with employers to develop strategic visa and human resource plans to facilitate the smooth relocation of personnel to Canada. By tailoring immigration solutions to meet business goals and workforce needs, we assist with work permits, visa applications, and regulatory compliance, supporting businesses in expanding their global talent footprint.
Immigration-Related Aspects of Employment Offers
We provide expert guidance on the immigration-related elements of employment offers, helping employers navigate the complexities of hiring foreign nationals in Canada. By staying current with immigration policies and aligning employment offers with regulatory requirements, we enable employers to attract and retain top international talent in full compliance with Canadian immigration law.
Importation of Personal Effects by Foreign Workers
To ensure a smooth transition, our team assists foreign workers and employers with the importation of personal belongings, offering guidance on customs regulations, duty exemptions, and required documentation. Our support minimizes delays and simplifies the process so that foreign workers can settle in quickly and focus on their new roles.
Health Coverage and Social Insurance Numbers
We help foreign workers obtain essential benefits, such as health coverage and Social Insurance Numbers (SINs), which are crucial for their integration into Canadian life. Our team provides comprehensive guidance on the application processes and requirements, ensuring a seamless start for new arrivals.
Reimbursement of Immigration Legal Fees by Departing Employees and Related Contracts
BARTLAW LLP advises employers on structuring reimbursement agreements for immigration legal fees incurred by departing employees. We draft and review exit agreements to clearly outline repayment obligations, protecting employers’ investments in immigration processes and ensuring compliance with Canadian employment standards.
Our comprehensive services enable employers to manage every stage of hiring and transitioning foreign workers, creating a streamlined and supportive process that benefits all parties involved.
Immigration Due Diligence in Mergers and Acquisitions and Corporate Restructuring
In mergers and acquisitions (M&A), divestitures, and other corporate restructuring activities, due diligence efforts typically center on the “big picture” and financial risk mitigation—often overlooking the crucial area of immigration compliance. However, corporate changes without careful consideration of immigration impacts can lead to significant employer sanctions, repercussions for key employees, and potentially affect the overall success of the restructuring.
Our firm offers specialized immigration due diligence compliance reviews during acquisitions, including comprehensive immigration status analyses, impact assessments, and management of all necessary immigration-related actions. We help employers proactively address potential immigration issues, ensuring that these considerations are fully integrated into restructuring plans well in advance of completion.
“Jacqueline Bart is an excellent immigration lawyer in Canada. Jacqueline is a specialist in immigration law certified by the Law Society of Upper Canada. She is a frequent writer and speaker on immigration law; and more importantly, I can personally attest her awesome client service.”
“Jacqueline Bart, an immigration attorney in Canada who founded the firm BartLaw has impressed me. While her substantive knowledge is superb and would in and of itself be enough to put her in the ranks of impressive, her professionalism, charisma and business intelligence place her in a higher league. I met Jacqueline at an annual conference of the American Immigration Law Association, where she was a speaker and organizer for the Global Migration portion of the event. Again, her substantive knowledge was notable, but I was even more taken by her ability to translate that knowledge to business needs.”
“We will highly recommend you to our colleagues and associates for any further visa applications.”
“Thank you so much for helping me with the Permanent Resident application!”
“I have no regrets – thanks for all the work you have done for me thus far.”
“Thank you very much for your participation in the Employing Foreign Workers program. I am aware of the time and effort you put into preparing and participating in the conference. The response we receive from [the delegates] was very positive. They found the presentations to be both informative and valuable and felt that they gained practical insights from attending the conference. We look forward to inviting you to participate in future programmes and thank you again for helping to make this conference a success.”
“We are extremely grateful for the great work and support that yourself and your team provided during this entire process. Thank you, thank you!”
“We are so lucky to have you and your team dealing with our case. Thanks a lot for your help and support!”
“Many thanks for all your help! We owe you a huge debt of gratitude as this would not have been possible without your help and expertise. A great way to end 2013!”
“Please accept our sincere thanks for your presentation of the distinguished faculty of the American Immigration Lawyers Association. We sincerely appreciate your generosity.”
“I must say I found your professionalism to be very high and will not hesitate to recommend you to anyone having needs related to the Canadian immigration law.”
“As one of our key volunteers, you have substantially contributed to the well-being of the OBA, your Section and the profession.”
“Ms. Bart is my #1 option every time someone asks me to recommend an immigration specialist.”
“For all of my Canadian in-bound issues, I always use Jacqueline Bart in Toronto. Excellent attorney.”
“Very impressed with Jacqueline and her team, so we are happy to keep Bartlaw on our preferred supplier list.”
“Jacqueline is a passionate, knowledgeable, bilingual and well connected immigration law specialist, whom I know through her membership in the prestigious International Network of Boutique Law Firms. She was chosen for the Network because of her outstanding reputation, and is deservedly well liked and respected.”
“Jacqueline is a brilliant strategist and keeps our human resources’ immigration goals on track. She has obtained permanent residence for a number of our employees in 4 months!”
“I know Jacqueline for many years and she has worked for me and my clients on immigration assignments. Jacqueline is an accomplished expert on immigration matters and her service and results are outstanding. I recommend her services with no hesitation.”
“I have worked with many attorneys on 4 continents in my career but Jacqueline tops them all! Her in-depth knowledge, her predictions and her consistent result orientation always delivered a ‘smooth’ path even on rough terrain. Her personal involvement, reliability and trustworthiness are ingredients that make her the perfect ‘partner’ for a client. Jacqueline stays focused on your issues with a high degree of personal responsibility for the outcome providing the highest degree of comfort. I am honoured to have met Jacqueline and every cent spent on her services was well spent and worthwhile.”
“I had the pleasure of using Bartlaw firm in a complex and unique law case. During years that was dealing with the case, I found Jacqueline a true professional and dedicated lawyer who passionately gets involved with details and uses her knowledge to plan the winning strategy no matter how complex the situation is. I strongly recommended her to people that want to ensure no stone left unturned in their legal case and seek justice.”
“Jacqueline is my go-to person in Canada.”
“I am in Canada, my home, today because of Jacqueline. Compassion is not a trait that usually comes to mind when I think of lawyers. However Jacqueline has it in oodles. It is, in my humble opinion, one of the cornerstones of her success. To me she is the best and #1 immigration lawyer in Canada and the world.”
“Jacqueline Bart is top notch, possibly the best Canadian attorney anywhere.”
“Jacqueline Bart at BartLAW is our most highly regarded Canadian Corporate Immigration Lawyer this year [2016]. She provides ‘detailed advice’ and is a ‘real pleasure to work with’ according to our sources.”
When Canada introduced the eTA for entry to Canada, I knew I would be barred future entry due to a 30-year old criminal conviction. I decided to seek legal advice and, by sheer luck, found Jacqueline Bart of immigration law firm, BARTLAW. Jacqueline recommended I apply for rehabilitation from the Canadian government. Her associate lawyer, Annsley Kesten, presented a strong and thorough application on my behalf, vetting all testimonials and suggesting areas and documentary proof that would strengthen my case. Not only did Jacqueline and Annsley support me during the whole process, they also gave strong encouragement not to give up. After two years my rehabilitation was approved, something that I believe would never have happened without their professional insight and robust efforts. I am truly grateful to them both.