WHO CAN ADVISE AND REPRESENT YOU IN YOUR IMMIGRATION PROCESS?
While some people prefer to do their immigration process on their own, many others look for legal counselling and look for an immigration consultant in Canada. Let’s explore the benefits of getting the help of professionals and how to choose the representative that will look after your best interests.
The Canadian immigration process is a very complex one. If you are considering Canada as your destination to move abroad -to study, work or begin a new life- you will have to make many choices, from the immigration program that is best suited to you, to the province that will become your new residence destination, among others. Making these decisions can become an overwhelming situation for many, not only financially but also mentally. Also, even though there is plenty of information online, and the Government of Canada has detailed instructions on how to follow each step of the various processes, doubts can emerge. That is why some individuals prefer to use immigration and citizenship representatives to support them during this long and complicated process.
First things first, you need to know that you can choose between two different types of representatives: paid and unpaid. According to the Government of Canada, paid representatives are also authorized to offer legal advice, and they must be in good standing with any of these groups: College of Immigration and Citizenship Consultants, The Canadian Provincial or Territorial Law Society OR the Chambre des Notaires du Québec.
The Government of Canada will not recognize any paid representative who is not authorized by any of these organizations, and they can reject your application if you decide to use someone that is not approved by them. People who choose to use an uncertified representative will do it at their own risk or being rejected.
Unpaid representatives, as their name suggests, could be any family members or friends, even organizations that will volunteer their help but won’t charge you for their services. No matter if you choose a paid or unpaid representative, you will need to notify it to the Canadian Immigration Office when you submit your application. Always bear in mind that if you choose a paid representative, it must be authorized, it should have a license to practice Canadian Immigration and it should also be authorized to represent you in the province you are applying to.
What is a Regulated Immigration Canadian Consultant?
A widespread mistake is thinking that a Regulated Immigration Canadian Consultant is the same as a Paralegal and it is not. According to Bill C-35, An Act to Amend the Immigration and Refugee Protection Act came into force on June 30, 2011, and paralegals who are licensed by the Law Society are now eligible to provide certain legal services in the field of immigration law. Paralegals who are licensed by the Law Society can appear before the Immigration and Refugee Board (IRB) to represent a client or clients in an IRB hearing and can provide legal services to clients for matters relating to an IRB hearing. Drafting of documents or other legal services practices that are not related to an IRB hearing remain outside of a Paralegal’s scope of practice.
If you are applying to the province of Saskatchewan, for example, you should have an authorized representative with a license to practice immigration in this province as this requires an extra license.
Procedures and laws can vary from province to province, and it is important you check before applying if you representative is authorized o practice for such province.
HOW TO SPOT SIGNS OF FRAUD
Beware of immigration consultants or firms that promise you will get your application approved in record time, or people that ask you for extra money, or imply that you should lie on your application. Be aware also of fraudulent email campaigns posing as Canadian Immigration authorities asking you for personal information or money. The Canadian government has a Center for Anti-Fraud where you can report any scam attempt that is made against you.
Other signs of fraud that you should pay attention to are:
Representatives that ask you to sign any blank forms or papers
Representatives that ask you to give them any original documents unless it is required for certain paper applications like certified translations
Representatives that don’t want to provide you with signed receipts of paid services
Representatives that ask you to pay any services in personal bank accounts or with foreign currencies (The only legal currency to pay for your immigration process is the local currency, the Canadian dollar)
BENEFITS OF HIRING A Regulated Immigration Canadian Consultant
FOR YOUR IMMIGRATION PROCESS
An authorized representative with a license to practice immigration law also can:
Help you choose the right immigration program according to your profile
Speak in your behalf with the Canadian government or represent you in court
Assist you in filling out and submitting your immigration application properly
Inform you about any changes in the Canadian Immigration Law, regulations or policies
Ensure that all your documents are in conformity with the Canadian office of Citizenship and Immigration
If you are in the process of choosing a paid representative to help you with your immigration case, here are some ideas on what to look for:
Always ask your potential representatives how much experience they have with immigration processes.
Ask around for references about them
Ask them if they belong to any other professional associations in Canada
Check them online at CICC and/or the Law Societies of each territory like Saskatchewan or Quebec if applicable. Please keep in mind Paralegals although they do have a licence to practice from the Law Society for immigration purposes they can only carry those related to the Immigration and Refugee Board.
Before even thinking about giving them money, discuss the services they will provide you and the terms of your contract.
When you choose your representative, make sure you sign a written contract and read it carefully before signing it. It would be best if you were clear of the extension of the services your representative will offer you and that should be clearly stated in the contract.
Remember, you want your immigration process to be as smooth and direct as possible. You need to be well-versed and weigh in all the information available so you can make the right decision, the one that will grant you success in your immigration plan.