For the first time, Saskatchewan has charged someone with providing immigration services without a licence.
The case appears to be connected with the experience of TingTing Biao, whose story CBC News reported last year.
Biao described arriving in Canada from China and spending her savings, tens of thousands of dollars, on an immigration scheme that quickly turned into a nightmare.
Biao paid $40,000 to Jun Su and June HR Solutions, an immigration company in Saskatoon, in exchange for immigration advice that offered what looked like a clear path to permanent residency.
Instead, she and her family returned home frustrated and broke after realizing Su is not a licensed immigration consultant.
At the time, Su told CBC she serves as an assistant to her husband, Zheng Tao Li , who is a licensed consultant.
Su said she gives advice based on his guidance and her years of experience.
The College of Immigration and Citizenship Consultants regulates the profession in Canada and says it is aware of the charge.
In a statement, the college said its code of professional conduct allows for a licensee to delegate certain aspects of their work to someone who is not a licensee, but they must supervise and assume professional responsibility for the work.
The college said an “unauthorized practitioner” is anyone who illegally provides Canadian immigration advice for a fee or other consideration without being licensed.
“[Unauthorized practitioners] pose significant risks to the public” and the college “supports enforcement action being taken by government and law enforcement partners,” its statement said.
The provincial government has now charged Su with providing immigration services without a licence in violation of the province’s Immigration Services Act, 2024.
It’s the first time the province has laid a charge against an unlicensed consultant.
Richard Kurland, an immigration lawyer with 40 years of experience, said he “didn’t predict fast, swift action with teeth” from the Saskatchewan government.
He believes it should help others in the future.
“Just by laying charges, by putting resources up front right away, you prevent reoccurrence of the same thing by others as well as helping the affected family,” Kurland said.
If Su is convicted, she faces a maximum fine of $750,000 and/or a maximum sentence of two years in prison.
The Ministry of Immigration and Career Training encourages anyone with immigration questions, who believes their rights have been violated or who wants to file a complaint about the immigration or recruitment process to contact its Program Compliance Branch.
“You do not need permission from anyone to contact the Program Compliance Branch and all your information will be kept confidential,” the ministry said in a news release announcing the charges.
The ministry did not have anyone available for an interview and would not confirm that CBC’s reporting led to charges because the case is now before the court.
Last year, Biao told CBC News she was referred to the immigration company by a friend and believed that an agent who is also of Chinese descent would be trustworthy.
CBC News reviewed Biao’s contract with June HR Solutions, which laid out payments totalling $110,000 tied to several immigration steps, ultimately leading to permanent residency.
Biao paid the first $20,000 when she signed the contract and the next $20,000 after a successful labour market impact assessment (LMIA) — a document Canadian employers sometimes need to hire foreign workers.
She received a positive assessment for a kitchen helper position, which an expert told CBC didn’t qualify her for Saskatchewan’s permanent residency pathway at the time.
Biao’s next step was getting a work permit, which would be followed by another payment of $20,000 to Su, but Biao’s work permit application was rejected.
Family who spent $40K seeking Canadian residency return to China after immigration nightmare
Immigration, Refugees and Citizenship Canada said in a rejection letter that it was not convinced Biao would leave Canada at the end of her temporary work permit, citing family ties in Canada, inconsistent details in her application and an unclear purpose of visit.
Biao said Su then suggested an even more expensive detour: invest $100,000 in a business outside of Yellowknife in the Northwest Territories, which would allow her to apply for an investment visa.
But that program also required the applicant to have a minimum net worth of $250,000, a Canadian language benchmark Level 4 (CLB 4) in English and business experience. Biao had none of those.
That’s when Biao realized she was out of options and decided to walk away from the contract. With all her savings gone and no prospects of a life in Canada, she was forced to return to China.
CBC News could not immediately contact Biao for her response to Su being charged.
Su is set to make her first appearance in Saskatoon provincial court on Feb. 18.
