Why spend thousands of dollars when you could submit an application by yourself?

“91 (1) Subject to this section, no person shall knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with the submission of an expression of interest under subsection 10.1(3) or a proceeding or application under this Act.”

– Immigration and Refugee Protection Act

There are over 50 combinations of Federal and Provincial programs that lead to Canadian Permanent Residency and it can be difficult to choose the best route for your circumstances.

Whether your route to Canada is as an International Student, Express Entry Skilled Worker, Family Class, or Investor Entrepreneur correctly assessing your eligibility and having the confidence you are on the right track can provide you with peace of mind and set you up for success.

In this article, we explain:

• what is a regulated Canadian immigration consultant
• what should be their experience and credentials and what can they do for you,
• and discuss the reasons when and why people should consider hiring them and how to choose the best representative for their needs.

 

 

What is a regulated Canadian immigration consultant and what do they do for you?

The Canadian Government recognizes immigration representatives as people who can assist you with citizenship, immigration, or visa applications, usually immigration consultants or immigration lawyers.

In Canada, regulated by law, only certain groups of people are legally allowed to provide advice and/or become representatives of Canadian citizenship/immigration/visa applications for a fee.

See the section “How to choose the right regulated immigration consultant” below for more details.

Different representatives may have different specializations depending on the scope of services their business provides. For example, some immigration representatives may focus only on temporary residence applications, while others may have a broader focus on family sponsorships and student visas and permanent residency.

Immigration law is a big field and you want your representative to be an expert in the type of application you are applying for.

No matter which categories they focus in, generally, they would do the following things:

1. Assess and Advise

When in a consultation, immigration professionals would ask questions to determine your eligibility for the many different Federal and Provincial programs.

Questions may be about your age, status, family, work experience, financial ability, previous applications, and anything related to the category you are interested in. Based on the information you provided, a representative would explain what options you have to come to Canada.

If you were eligible, they would explain what are the steps you would have to take if you wish to move forward with it and how much would they charge you.

If you are ineligible, a good representative will be able to explain what strategies and improvements are necessary for you to become eligible in the future. For example, raise your language test scores for Express Entry; wait until the three-year bar is over for spousal sponsorship, etc.

2. Prepare and Submit

Suppose you choose to hire a licensed, regulated professional as your representative. In that case, the two parties should sign a retainer agreement (contract) to confirm the fees and services they will provide to you.

Then they would start preparing the application package for you. This includes documents and detailed information collection assistance, forms filling, constant updates checking, documents checking, etc.

Please note that hiring an immigration professional does not mean that you can cross your hands and relax. As most official documents must be obtained by the applicant, you must provide your immigration professional with this information and documents. Among the requirements are police clearances, bank documents, and medical examinations.

Your representative will submit your application to the appropriate Government authority once everything is ready (Immigration, Refugees, and Citizenship Canada for Canadian applications).

3. Follow-up and Update

Following application submission, your representative must stay in touch with you to inform you of the application’s status and any updates from the government.

If the application is approved, or if the immigration officers request additional documents, the Government would contact your representative. Then your representative would explain to you what the next steps are.
Why hire a representative for immigration/visa applications?

Similar question, why pay an accountant to do your taxes every year, when there are so many free guidelines on the Internet for you to fill everything yourself?

Obviously, it is to save your time and effort from reading through all the rules, prevent calculation errors. Make sure you picked the right tax groups and benefits, and have the best documents prepared to avoid being asked for additional documents afterward. Or worst still get into trouble with the Government or pay more tax than you need to.

This is the same for hiring an immigration representative to represent you.

All immigration consultants have completed courses and passed the exams for them to become authorized representatives. They are professionals in navigating the constantly updating immigration laws and policies.

In addition, they are familiar with the requirements. As a result, they are familiar with the documents and information the government requires.
They also know what to include to prevent immigration officers from requesting additional documentation after submitting the application or even returning it.

It is extremely important for immigration applications to be truthful and error-free, otherwise, it may lead to lengthening processing time, refusal, and more seriously, misrepresentation. If misrepresentation happens, the Government could forbid one from entering Canada for at least five years, revoke one’s Canadian permanent resident or Citizen status, charge you with fraud, or even issue a removal order.

Submitting a complete and decision-ready application is also crucial, almost every week in my consultations I see people who have had their applications refused or returned because of missing documents. This can have real consequences that include paying additional processing fees, losing the right to work, lost earnings, and loss of eligibility subject to rule changes.

You should therefore hire an experienced, regulated professional for your immigration process.

How to choose the right regulated immigration consultant?

Among the sea of immigration representatives available around the world, how should you choose the best one to represent you? Below are some tips on what you should consider when picking whom to hire.

1. Are they “authorized representatives” in good standing?

In Canada, only certain groups of people are permitted to provide immigration advice and act as representatives for a fee. They are:

• Citizenship or Immigration Consultants must be a member of the Immigration Consultants of Canada Regulatory Council.
• Lawyers or notaries must be a member of a Canadian provincial or territorial law society, or the Chambre des notaires du Québec.
• Paralegals (Ontario only) must be members of the Law Society of Upper Canada.

You should visit the websites of these groups and check if the representatives are members in good standing. If not, you should not use their services.

You can check your ICCRC Consultant credentials at the regulatory website link below by searching the first and last names;

Many immigration consulting businesses operating outside of Canada offer immigration services to multiple countries, you should check whether they have legal representatives in each of the countries. Most countries have laws on who can provide immigration advice and application services for a fee.

For example, for Canada, they must be a person mentioned above; for the USA, an Attorney or a member of the Board of Immigration Appeals Accredited Representative. For England, a lawyer or registered member of the Office of the Immigration Services Commissioner.

2. Are they credible and reputable?

Other than checking membership, you should also research on whether the representatives have a good reputation. The easiest way would be asking for referrals from the people you know.

Check their websites or ads to see if the information is accurate.

Contacting them directly and observing whether or not they respond appropriately to your inquiries is also a good idea. It would be best if you asked who will conduct the consultation.

A knowledgeable and authorized representative of the country you are considering conducting your consultation should be.

The results of your application can’t be guaranteed, and we don’t offer contingency billing (refunds if your application is refused). If any immigration business advertises that, you should avoid using their services.

3. What categories do they provide service in?

As mentioned before, different representatives may focus on different categories. It is important to determine whether they provide service in the category that interests you.

Although most representatives will have basic knowledge of how each category’s application works. Choose those specializing in that category because they know all the updates and “hidden traps.” They would be able to prepare a better application for you.

4. Are they reasonably priced?

Your representative should have a clear and reasonable fee structure for all their services.

During the consultation, they’ll explain to you what they charge for your category and if there are any extra fees. They’ll have to list these fees on the retainer agreement (contract) if you hire them.

Many Lawyers charge by the hour, this can get expensive quickly. Most Consultants operate on a fixed flat rate fee, so there are no surprises.

The price is based on the expected hours of work for your application. It may be higher if your situation is more complicated than usual (e.g., you had previous refusals, a DUI offense, etc.)

The “market price” may vary depending on where they are located.

5. Can you communicate with them comfortably?

An immigration application requires conversations of detailed information regarding your personal life and background.

A representative who understands how to obtain the official documents from your home country would be most helpful.

It would be best if you chose a representative with whom you can work professionally and are happy working.

Why an immigration consultation is a good idea
A consultant’s advice can be the difference between success and failure. Canada’s Immigration policy and legislation change frequently and having up-to-date advice are crucial when determining your eligibility.

Even a small mistake in your application can delay or deny you or make you inadmissible.

We carefully evaluate your eligibility for federal and provincial programs. And offer practical advice on the best route for your circumstances.

Consultations also provide information on current processing times, total costs, and the opportunity for you to have your questions answered.

Our Skype, Telephone or In-Person Consultations are strictly confidential. Costs CDN $169-$189 (tax inclusive) and lasts 45 minutes to an hour.  Consultations can also be scheduled by calling 604 722 8930 or visiting our website at www.cipcanada.com.

Written by Matthew Sell, an Immigration Consultant in Vancouver at Canada Immigration Partners. 

by Matthew Sell