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№ 16 Case Study — Immigration

The Wage Gap That Nearly Sank a Timmins Hire

A small Timmins employer found the right candidate for a hard-to-fill IT role, then discovered her job offer didn't meet the wage the file required — a mismatch that cost real money to fix but far less than a refusal would have.

Immigration6 min readTimmins, OntarioEmployer-side details
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ClientIryna, who runs a small IT services business in Timmins hiring an IT support lead
The issueJob offer wage below the rate required for the occupation and region
ServiceEmployer-side support for a Labour Market Impact Assessment and work permit application
ResolutionWage corrected and offer resubmitted, at a real added cost to the business

The situation

Iryna runs a small IT services business in Timmins — a handful of employees keeping local offices, clinics and small companies running. For nearly a year she had tried to fill an IT support lead position: someone senior enough to manage the help desk queue, handle escalations, and take ownership of client relationships without daily supervision. Two local hires hadn't worked out. A third round of advertising, this time province-wide, turned up Natalia, who was working in a comparable role in another Canadian city and was open to relocating north with her spouse, Ines, an insurance adjuster who could work remotely for her existing employer or transfer her book of business.

Because Natalia was not a Canadian citizen or permanent resident, hiring her meant applying for a Labour Market Impact Assessment — a federal review confirming that no Canadian worker was available for the role and that hiring a foreign national would not negatively affect the local labour market. A positive assessment would let Natalia apply for a work permit tied to the job. Iryna had never sponsored a foreign worker before. She came to us after her recruiter told her the job offer was ready to submit and asked us to review it before it went in.

What the review found

The review turned up a problem that had nothing to do with Natalia's qualifications and everything to do with the paperwork. Every Labour Market Impact Assessment application is tied to an occupation classification, and each classification carries a prevailing wage — the median wage paid to workers in that occupation, in that region, according to published federal wage data. The employer's offer has to meet or exceed that wage. It is not a target to negotiate down from; it is a floor.

Iryna's draft offer listed an annual salary of about $52,000. The prevailing wage on file for an IT support lead in the Timmins region was closer to $61,000. The gap wasn't small, and it wasn't a rounding difference — it was roughly $9,000 a year, or close to fifteen percent below what the file required.

The mismatch had crept in honestly rather than deliberately. Iryna had built the offer around what her business could comfortably absorb and what she'd paid her two previous, unsuccessful local hires for a similar-sounding title. But the job description her recruiter had drafted described genuine lead-level duties — supervising junior support staff, owning client escalations, setting technical standards — which placed the role at a more senior classification than the pay reflected. A reviewing officer comparing the duties described against the wage offered would very likely flag the gap, and a flagged application does not get a polite request for more information. It gets refused, and a refusal on file can make the next application, for this hire or a future one, harder to get approved.

There was a second, quieter risk. If the application had been approved as drafted and only caught later — during a compliance review, which employers of foreign workers can be subject to after the fact — the consequence would not just be an awkward conversation. Employers found to have paid below the wage committed to on a Labour Market Impact Assessment can face penalties and a period of ineligibility to hire foreign workers again, on top of having to make up the wage gap retroactively. Catching it before submission, rather than after approval, was the difference between a costly correction and a compliance problem.

What we did

  1. Benchmarked the job description against the wage, not the other way around. We worked through the draft duties line by line and matched them to the occupation classification the recruiter had used, then checked that classification against the published wage data for the Timmins region. The duties genuinely supported the lead-level classification — the wage simply hadn't kept pace with it.
  2. Gave Iryna the honest choice, before it was made for her. She could either raise the wage to meet the required floor, or scale back the job description to genuinely reflect a lower-level support role at the wage she'd budgeted. She chose to raise the wage — Natalia's experience justified the lead title, and rewriting the duties to fit a lower salary would have meant hiring her for less responsibility than the business actually needed filled.
  3. Rebuilt the recruitment record to match. A Labour Market Impact Assessment application also requires proof of a genuine recruitment effort at the offered wage — job postings, records of who applied and why they weren't hired. Because the original postings had advertised the lower wage, that record no longer matched the corrected offer. We advised Iryna to re-post the role at the corrected wage for the required period before resubmitting, rather than try to submit with mismatched historical postings, which would have invited exactly the scrutiny we were trying to avoid.
  4. Prepared the file for a reviewing officer who would compare duties, wage and postings side by side. We drafted a job offer and supporting duties description that were internally consistent, so that nothing in the file suggested the role had been reshaped to fit a number rather than the number reflecting the role.
  5. Flagged the spousal work permit path separately. Because Ines, Natalia's spouse, would likely qualify for an open work permit as an accompanying family member once Natalia's application was approved, we outlined that as a second, later step rather than folding it into the same submission — keeping the employer's file focused on what it needed to prove.

The outcome

The corrected application went in roughly seven weeks after the original draft would have been submitted — the delay mostly accounted for by the required re-posting period and the wait for a fresh recruitment record. It was approved. Natalia's work permit followed several months later, in line with normal federal processing timelines, and Ines applied for her open work permit shortly after Natalia's status was confirmed.

The correction was not free. Raising the offered wage from about $52,000 to $61,000 added roughly $9,000 a year to Iryna's payroll for as long as the role was filled at that classification — a real, ongoing cost to a small business, not a one-time fee. The delay meant Iryna carried an unfilled lead position, and the workload that came with it, for close to two additional months.

Set against the alternative, it was still the better outcome. A refused application would have cost the recruitment effort already spent, delayed the hire by at least as long while a new application was prepared from scratch, and left a refusal on record that could complicate future filings. Worse, an approved-but-underpaying offer that surfaced later in a compliance review could have meant retroactive wage top-ups, penalties, and a period during which Iryna's business would not have been permitted to hire foreign workers at all — a real constraint for an employer in a smaller labour market like Timmins, where the pool of qualified local candidates for specialized roles is often thin to begin with. The extra $9,000 a year and the seven-week delay were the cost of getting it right the first time, not the cost of a mistake.

What you can learn from this

  • If you are hiring a foreign worker, the wage you offer has to meet the published prevailing wage for that occupation and region — it is a floor set by federal wage data, not a figure you negotiate down to fit your budget.
  • Job duties and wage have to match. A title or duty list that supports a senior classification will be compared against the wage offered, and a mismatch invites a refusal rather than a request for clarification.
  • Your recruitment record — job postings, applicant tracking, reasons candidates weren't hired — has to reflect the same wage you're offering. If you raise the wage after posting, you generally need to re-post and re-recruit at the new number.
  • A refusal is expensive in time and effort already spent, but an approval based on an understated wage that surfaces later in a compliance review is worse — it can mean retroactive costs, penalties, and a period of ineligibility to hire foreign workers.
  • Have the wage and job description reviewed before submission, not after a recruiter tells you the file is ready. The fix is far cheaper before an application goes in than after.
This case study is entirely fictional. It does not describe any real client, file, or matter handled by Treadstone Law, and it is not a real file with details changed. All names, people, properties, businesses, dollar amounts, dates, and events are invented, and any resemblance to a real person, business, or situation is coincidental. Fictional scenarios like this one illustrate the kinds of legal issues people in Ontario commonly face and how a lawyer can help. They are general information, not legal advice — no two matters unfold the same way, and nothing here predicts the outcome of any real case. Reading a case study does not create a lawyer-client relationship. If you are facing something similar, speak with a lawyer about your specific circumstances.

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