“We’ll keep your passport safe for you.” “The LMIA cost us money — you’ll pay it back from your wages.” “Pay the recruiter and the job is yours.” These are some of the most common ways temporary foreign workers are exploited in Canada, and many workers go along with them because they believe it is normal or that refusing will cost them their permit. It is not normal, and in most cases it is prohibited.
Quick Answer
Under federal rules in force since September 2022, employers hiring through the Temporary Foreign Worker Program must not charge or recover recruitment fees from workers, and must make sure their recruiters do not either. The LMIA processing fee is the employer’s cost — it cannot be paid by or recovered from you. Several provinces go further: Ontario’s Employment Standards Act prohibits employers and recruiters from taking or keeping your passport or work permit, even if you agreed. If this is happening to you, you can report it confidentially to ESDC, file a provincial complaint, and you may qualify for an open work permit for vulnerable workers.
This guide explains general rules. It is not legal advice. If you feel unsafe or are being threatened, call 9-1-1. A settlement agency or migrant worker organization can help you report safely.
Your Passport Belongs to You
Official rule (Ontario): employers, recruiters and anyone acting for them must not take or keep property a foreign national is entitled to possess — and Ontario’s guidance names passports and work permits as examples. It applies even if you consented, and Ontario increased the penalties for passport and work permit violations in December 2023.
Elsewhere in Canada: taking a worker’s passport can be treated as abuse under the federal program’s employer conditions, and withholding identity documents is a recognized warning sign of trafficking. Ask for your documents back in writing. If the employer refuses, report it.
You Should Not Be Paying for Your Job
| Charge | Allowed? |
|---|---|
| LMIA processing fee ($1,000 per position) | No — employer’s cost, cannot be recovered from you |
| Recruitment fees to the employer or its recruiter | No — prohibited under federal rules since 2022 |
| “Deposits,” “training fees” or deductions to repay hiring costs | Generally no — treated as recovering recruitment costs |
| Your own work permit application fee to IRCC | Usually paid by the worker; it is paid to the government, not the employer |
| A licensed immigration consultant you hire yourself | Allowed — but they work for you, not the employer (verify a consultant) |
Provinces including Ontario also prohibit employers and recruiters from charging foreign nationals fees or recovering hiring costs, with limited exceptions for some seasonal agricultural programs. Several provinces license recruiters of foreign workers.
“Buying” an LMIA Job Is a Red Flag for Fraud
Offers that require you to pay tens of thousands of dollars for an “LMIA job” are either illegal fee recovery or outright scams, and they can drag you into a misrepresentation finding. See LMIA scams and how they work.
What to Do
- Keep evidence: receipts, bank transfers, messages asking for money, notes of when your passport was taken and by whom.
- Ask for your passport back in writing (a text or email is enough).
- Report to ESDC through the confidential tip line (1-866-602-9448) or online form. You can report anonymously.
- File a provincial complaint with employment standards to recover fees or deductions.
- Protect your right to work: if you are being abused, apply for an open work permit for vulnerable workers — it is free and your employer is not told.
Will Reporting Affect My Permit?
Reporting does not cancel your permit. Employers are prohibited from reprisals, including threatening to have you deported. Threats of that kind are themselves evidence of abuse. Paying an illegal fee does not make you the wrongdoer, but always tell the truth in any immigration application about how you got your job.
FAQ
My employer says holding passports is company policy. Is that allowed?
In Ontario it is prohibited even with your consent. In other provinces it is a serious warning sign; ask for it back and report it if refused.
I already paid for my LMIA. Can I get the money back?
Report it to ESDC and your provincial employment standards office. Provinces that prohibit fee recovery can order repayment.
Who pays the LMIA fee?
The employer. It cannot be passed on to you.
Related Guides
Sources
- ESDC — 2022 amendments protecting temporary foreign workers
- ESDC — Program requirements (recruitment and LMIA fees)
- Government of Ontario — Prohibition against taking or retaining property
- Government of Ontario — Employment rights of foreign nationals
- ESDC — Report abuse of temporary foreign workers
