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Employer not paying wages or keeping your passport: your options on a work permit

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 13, 2026

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Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 13, 2026: IRPR ss. 196.2 and 207.1 and IRCC’s February 2026 instructions checked that day.

This can be abuse: unpaid wages, money taken back, recruitment fees and a kept passport are financial abuse under IRPR s. 196.2.

The way out: the open work permit for vulnerable workers lets you leave and work elsewhere.

Your other rights: BC Employment Standards can help recover wages, and employer non-compliance can be reported. Why a lawyer

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Sundeep S. Grewal, Barrister and SolicitorSundeep S. GrewalBarrister and SolicitorPrabhpreet Kaur Sangha, Barrister and SolicitorPrabhpreet Kaur SanghaBarrister and SolicitorPardeep S. Grewal, Barrister and SolicitorPardeep S. GrewalBarrister and Solicitor
About our lawyers

Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.

Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.

Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.

Temporary foreign workers are sometimes paid less than promised, charged fees for the job, made to pay money back, or have their passport kept by the employer. Under the immigration regulations, these are forms of financial abuse (IRPR s. 196.2). If your permit ties you to that employer, you can apply for an open work permit for vulnerable workers so you can leave without losing the right to work.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares open work permit applications for vulnerable workers, from the letter of explanation and evidence to refusals and Federal Court reviews; this guide is by Prabhpreet Kaur Sangha.

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What counts as financial abuse

  • Wages below what the contract or LMIA says, or not paid at all.
  • Being made to pay back wages or pay for the job or the LMIA.
  • Recruitment fees charged by the employer or a recruiter.
  • The employer keeping your passport or work permit.

Employers of temporary foreign workers can’t keep your passport or charge you for recruitment. See also employer compliance inspections.

What to do

  1. Keep copies of your contract, pay stubs, bank records and every message about pay or fees.
  2. Write down dates and amounts.
  3. Check your work permit’s expiry date.
  4. Get advice about the open work permit for vulnerable workers. See the vulnerable worker open work permit.
  5. You can also report the employer to the federal government and claim wages through BC Employment Standards. A complaint helps as evidence but isn’t required for the permit.

If the job was never real

If you paid for a job that didn’t exist, see a fake job offer or LMIA. If you knew the job wasn’t real, IRCC generally won’t treat that as abuse for this permit.

Why this needs a lawyer

One lawyer, one file, every step:

  • assessing whether what’s happening is financial abuse;
  • preparing the vulnerable worker permit application and evidence;
  • planning your next job and permit;
  • advising on reporting the employer.

Unpaid wages and a kept passport are serious. The permit can get you out, but only while your current permit is valid.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.

Mistakes I have seen

  • Staying silent until the permit expires.
  • Not keeping pay records.
  • Paying more money to keep the job.
  • Assuming you must report the employer first.

Frequently asked questions

Can my employer keep my passport?

No. If they do, that is financial abuse.

Do I have to report my employer to get the permit?

No, but a complaint can be useful evidence.

Can I get my unpaid wages back?

BC Employment Standards handles wage claims; that’s separate from the work permit.

Related guides: the vulnerable worker open work permit, the letter of explanation and evidence, a fake job offer or LMIA, employer compliance inspections.

What should I do right now?

Save every pay record and message today, check your permit’s expiry, and get advice before it runs out.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

Ready to book? Open the booking form ↑

Sources (official)

This article is general information, not legal advice. Every case depends on its own facts.