Suppose you are hopeful of receiving a job offer from Canada. In that case, it is essential to exercise due diligence and stay away from fake, “ghost” or unauthorized immigration consultants or job recruiters. It is, therefore, vital that you know how to prevent fraud, protect yourself, and report those who commit fraud to the authorities. Suppose you are hopeful of receiving a job offer from Canada. In that case, it is essential to exercise due diligence and stay away from fake, “ghost” or unauthorized immigration consultants or job recruiters. It is, therefore, vital that you know how to prevent fraud, protect yourself, and report those who commit fraud to the authorities.
ICCRC currently shares complaints against unlicensed immigration consultants with the RCMP (Royal Canadian Mounted Police) and CBSA (Canada Border Services Agency). In addition, in a bid to prevent immigration fraud, the Government of Canada has set up a webpage with due information and helpful links (to reporting agencies) on how to avoid fraud in the first place and, if it happens, how to report those who commit immigration fraud to the authorities.
Fake and unlicensed immigration consultants tend to use different titles with different meanings and their names, mainly to confuse the applicant. For example, the designation “notario” is in no way connected to a notaire du Quebec. Furthermore, this title does not give the individual any authority to provide immigration advice. Similarly, Immigration consultants are banned from using the designations like ‘Immigration Arrorney’ or ‘Immigration Lawyer.’
Lawyers licensed by a Law Society are fully authorized to represent you in your immigration application, appeal, or review. In addition, immigration consultants registered with ICCRC can also help immigration applicants. However, they are not immigration lawyers, and they cannot represent a client before the Federal Court.
A person holding a mere diploma (qualified from an immigration practitioner program) is not licensed to provide immigration advice. They have to register with ICCRC to do the job compulsorily. An applicant can verify an immigration consultant here (https://iccrc-crcic.ca/find-a-professional/)
Ascertain that the advisor’s name and identification number are present and their status is ‘Active.’ This indicates that they can guide you correctly through the immigration procedure. If the status is ‘Revoked’/’Suspended,’ they are not authorized to provide you any immigration advice.
It is always better to hire an immigration lawyer as the scope for fraud is very low. In addition, they are experts in different areas of law, having completed their courses over three years.
You should sign a retainer contract prepared by the immigration lawyer you engage with before beginning your immigration journey. It states that the advisor is providing you with immigration-related services for a stipulated fee. Both the client and your lawyer should sign the contract. The absence of such a contract is a red flag.
The agreement should always be between the immigration lawyer and you. It is not good to sign the document with an agent, a corporate entity, or anyone else. The immigration lawyer’s license number must also be present on the contract.
Signing the ‘Use of a Representative Form’ (IMM5476) gives the right to the immigration lawyer who has helped you before and after submitting your application, to conduct business on your behalf with CIC (Citizenship and Immigration Canada) and CBSA (Canada Border Services Agency). To make any inquiry with the agencies, the immigration advisor should include a signed copy of IMM5476. Both client and the lawyer should sign and date this form.
This form includes different sections with your first and last names, your date of birth, etc. It also consists of the first and last name of your immigration lawyer/advisor and their relevant license and contact details.
Please do not allow your immigration advisor to sign this form saying they are a family member or friend when they are not. The immigration lawyer has to include the signed form even if they are your friend/family member.
Do not sign any blank forms. Only sign forms that are complete and accurate in all respects and which bear truthful information. If someone else has filled up the form, it is more important to go through the details carefully. You are ultimately responsible for all the information present in the form.
In the end, collect copies of all the forms that you sign during any procedure. Then, ensure that you file them away safely for future purposes.
Never make payment by cash for the services of your immigration advisor. It isn’t easy to track such payments. Instead, always write a check or pay by bank transfer or credit card.
For any payment that you make, always secure the respective receipts/invoices. In addition, your immigration advisor should outline all the charges in the Services Agreement.
Some fraud consultants may offer you free immigration services. Beware of these offers. They will ask a fee for a job offer, settlement service, etc. It would help if you avoided these traps. If the immigration advisor charges you a fee for job placement, you should report this to Canadian Authorities here. Beware of fraudulent consultants who can dupe you out of your money by offering fake jobs.
If a travel agent (educational consultant) offers immigration services as part of studies/travel/work packages, confirm that they are genuine and comply with regulations in that field before you use their services.
Be careful if a consultant gives you any guarantees about application processing times. There is no guaranteed processing time for any immigration application. Many complications may crop up during the processing of a visa application. For example, delays may occur due to medical exams, background checks, re-issuance of application forms, etc., and vary by individual case. However, a genuine immigration lawyer may give you a timeline range (say, 10-12 weeks).
No one can guarantee the result of your immigration application either. This decision solely rests with the visa officer. You will know the outcome of your application only when you receive a written decision from the visa officer. The visa officer takes an independent final decision depending on the merits of your case. The strength of your case depends on the supporting documentation that you have provided.
Beware of immigration advisors when they promise you both a job and immigration simultaneously. A foreign worker recruiter in Canada can deal with the issue of employment. You may also have to work with a licensed job recruiter to find a job when you move to Canada.
It would help if you kept in mind that no one charges you a fee for finding a job: not the employer, recruiter, or immigration advisor. Your prospective employer in Canada should apply for LMIA (Labour Market Impact Assessment) through a lawyer. Once approved, the immigration lawyer submits the same with the application for a work permit in Canada. Some foreign applicants may be exempt from the LMIA requirement or work permit.
Ensure that your immigration advisor is knowledgeable about the latest immigration procedures and laws. In this context, it is best to hire immigration lawyers instead of consultants.
If a consultant cannot represent their client and provide the desired immigration service, they must disclose the same via their Code of Professional Ethics. Unlicensed immigration consultants may not have sufficient knowledge of immigration law. A code of conduct does not bind them.
Make sure that you are not forced to lie in your immigration application by your immigration advisor. Lying and misrepresentation attract a penalty as stringent as banning you from applying for the next five years. This ban will earn a place in your immigration record and have a negative effect.
Regardless of who represents you – a consultant or a lawyer – make an effort to hire an authorized representative. If you receive services from someone not licensed to practice Canadian immigration law, your application will be rejected, and you will be banned from submitting further applications. You will have to bear the consequences and, with wrong advice, you will be in big trouble. Hiring an authorized representative, such as an immigration lawyer in Canada, gives you the best chances.
Find out if your representative is authorized to help you in your immigration journey. Our Canadian immigration lawyers can help you in your immigration journey to Canada. We can also fast-track your work permit applications and make submissions on your behalf. You may contact our office at +91 9072 933-533 / 9072 933-733/ 9072 933-833 . You can send in your query to us at info@immilawglobal.com. We will schedule a consultation for you with one of our immigration lawyers
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