Immigration consultants, lawyers, and other representatives: Frequently asked questions
What are the key elements of Bill C-35?
Changes to the Immigration and Refugee Protection Act (IRPA) require that all representatives used at any stage of an immigration application or proceeding be members in good standing of a provincial bar, the Chambre des notaires du Québec, or the governing body for immigration consultants, as designated by the Minister.
This makes it illegal for anyone to operate in Canada as an unauthorized representative at any stage of an immigration application or proceeding. This includes the period before a proceeding begins or an application is submitted and means that anyone who used to provide paid advice at the pre-application stage will need to be an authorized representative, as identified in section 91 of the Act.
The Minister of Citizenship, Immigration and Multiculturalism has been granted the authority to designate a body to govern immigration consultants. By virtue of his new authority under the Act, the Minister is enacting regulations designating the Immigration Consultants of Canada Regulatory Council (ICCRC) as the regulator of immigration consultants.
To enhance the Government’s oversight of the ICCRC, it will be required to provide information for the purpose of ensuring it governs its members in the public interest.
The Act also includes a provision allowing Citizenship and Immigration Canada, the Canada Border Services Agency and the Immigration and Refugee Board to disclose information relating to the professional or ethical conduct of individuals to those responsible for governing or investigating that conduct.
How will Bill C-35 impact people and organizations that previously provided advice at the pre-application stage?
Anyone who used to provide paid advice prior to the filing of an application or the commencement of a proceeding will need to be an authorized representative, as identified in section 91 of IRPA.
Persons who provide such advice after the coming into force of the new provisions without being an authorized representative would be in contravention of the IRPA and liable, on conviction on indictment, to a fine of up to $100,000 and/or to imprisonment for up to two years; or on summary conviction, to a fine of up to $20,000 and/or to imprisonment for up to six months.
Now that Bill C-35 covers the pre-application stage, what types of business, conducted at any stage of an application or proceeding for a fee or other consideration, must now be provided by an authorized immigration representative?
Previously, some third parties were not required to be authorized in order to provide paid advice in the pre-application stage. The pre-application stage is now covered by Bill C-35, meaning that, in order to ensure the quality of their services, these third parties must now be accredited if they want to provide advice for a fee or other consideration.
In general, if a third party does not advise or represent for a fee, they do not need to be an authorized representative. However, if a third party provides immigration advice or representation for a fee to a client, he/she must be an authorized immigration representative.
Some examples of what only an authorized immigration representative can do for a fee, or other consideration:
- Explain and provide advice on someone’s immigration options
- Provide guidance to someone on how to select the best immigration stream and complete the appropriate forms
- Communicate with CIC/CBSA/IRB on someone’s behalf
- Represent someone in an immigration application or proceeding
- Represent someone in Arranged Employment Opinion or Labour Market Opinion applications
- Advertise that they can provide immigration advice
Some examples of what would not ordinarily be considered immigration advice:
- Directing someone to the CIC website to find information on immigration programs
- Directing someone to the CIC website to access immigration application forms
- Directing someone to an authorized immigration representative
- Providing translation services
- Providing health services (i.e. medical exams, DNA testing)
- Making travel arrangements
How does Bill C-35 affect student recruitment activities?
In terms of student recruitment, education agents who, for example, provide advice exclusively related to educational matters and/or services, such as directing someone to the CIC website to find information on immigration programs or to access immigration application forms, will continue to be able to do so.
However, people who previously provided paid advice on immigration matters related to student recruitment—such as applying for a study permit, re-entry visa, or status extension—without being recognized as an authorized immigration representative will need to either become authorized or refer relevant cases to an authorized representative who is a:
- member in good standing of a law society of a province or territory, including paralegals and students-at-law, if they act under the supervision of a lawyer or a notary in Quebec; or
- member in good standing of the Chambre des notaires du Québec; or
- member in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC).
A limited number of organizations that have an agreement with the Government of Canada – such as Visa Application Centres (VACs) – can provide services to assist people with an application under IRPA. However, they are only authorized to provide services specified in their agreement/arrangement.
Why are you only recognizing members in good standing of these regulatory bodies?
By limiting the recognition of authorized immigration representatives to members in good standing of a law society of a Canadian province or territory – including paralegals – the Chambre des notaires du Québec and the Immigration Consultants of Canada Regulatory Council (ICCRC), the Government of Canada aims to ensure that would-be immigrants receive quality advice and representation and are not subject to the potential abuses of unscrupulous consultants.
Is the ICCRC ready to start enrolling members? How can someone register?
Yes, immigration consultants in good standing with the Canadian Society of Immigration Consultants (CSIC) on June 30th may start registering with the ICCRC. The ICCRC has information on its website for immigration consultants about how to register with them. There is information on the organization itself and its plans for not only immigration consultants, but also students, stakeholders and the general public. For more information visit its website at: www.iccrc-crcic.ca, call 1‐877‐836-7543 or send an email to info@iccrc‐crcic.ca
What is the transition process and what are its benefits?
With the designation of the ICCRC as the regulator of immigration consultants, consultants who were members in good standing of CSIC on June 30, 2011 can register with the ICCRC within a period of 120 days – starting June 30, 2011 and ending October 28, 2011.
A registration package is available on the ICCRC’s website at: www.iccrc-crcic.ca – by calling 1‐877‐836-7543 or by email at info@iccrc‐crcic.ca
Current members of CSIC, who are members in good standing at the time of ICCRC’s designation on June 30, 2011, will be able to continue to practice throughout the transition period and won’t have to pay ICCRC membership fees during the 120-day transition period. During that time, consultants will need to become members in good standing of the ICCRC in order to continue to provide their services after the transition period ends.
A 120-day transition period gives consultants ample time to register with the ICCRC with the least possible disruption to the immigration consultant industry.
After the proposed transitional period elapses, can an immigration consultant who is a CSIC member and has not yet registered with the ICCRC submit applications to CIC on their client’s behalf?
Following the transition period, any CSIC member – in good standing at the time of the ICCRC’s designation on June 30, 2011 – who has yet to register with the ICCRC will no longer be recognized. The immigration consultant would therefore not be authorized to represent or advise a person – or even offer to do so – for consideration in connection with a proceeding or application under the Immigration and Refugee Protection Act.
Should someone using CIC’s immigration processes be concerned about a CSIC member they hired/plan to hire?
If someone has hired an immigration consultant who is a member in good standing of CSIC, they can continue to use their services throughout the transition period.
The ICCRC becomes the regulatory body starting June 30, 2011, the day that the Bill C-35 comes into force. Members in good standing of CSIC on that day are being given a 120-day transition period of time to register with the ICCRC. This gives CSIC members – in good standing at the time of the ICCRC’s designation – time to register with the new regulator.
Applicants should be aware that it is their responsibility to ensure that their immigration consultant is and remains authorized.
What about students who were about to receive or who recently received their accreditation as immigration consultants. Will their accreditation be recognized by ICCRC?
Students should visit ICCRC’s website (www.iccrc-crcic.ca) for further information. Students who have completed a CSIC accredited education program and who wrote the CSIC exam on June 12, 2011 but are not yet accredited will find valuable information on the website. They have 120 days to then register with the ICCRC. Alternatively, they can contact ICCRC by email at info@iccrc-crcic.ca or by phone at 1-877-836-7543.
Do I need an immigration consultant to help me apply?
No. The Government of Canada treats everyone equally, whether they use a consultant or not.
All the forms and information that you need to apply for a visa are available for free on this website. If you follow the instructions in the application guide, you can complete the application form and submit it on your own.
If you decide to seek assistance from an immigration consultant, you should be careful who you ask for advice.
Will my case be processed more quickly if I hire a consultant?
If you choose to hire a consultant, your application will not be given special attention by the immigration officer. Your consultant also cannot guarantee that your application will be approved.
What services will the authorized consultant provide and what are the fees for these services?
Services and fees vary. You should discuss these with the consultant and get an estimate in writing before you decide whether or not to hire that person.
What could happen if I do not inform Citizenship and Immigration Canada (CIC) that I paid a consultant?
It is against the law to give false or misleading information to the Government of Canada. If you choose not to disclose the name of your consultant to CIC or the Canada Border Services Agency, your application may be returned or you may be refused entry to Canada.
Immigration consultants who advise you to provide false or misleading information are also breaking the law.
If I apply through a provincial program, do the immigration consultant regulations still apply?
These regulations refer to the federal immigration application process. Each province has its own procedures for dealing with immigration consultants. Check with the province to which you applied to find out if there are any restrictions on immigration consultants, lawyers, and other representatives for the provincial application process.
If I change my consultant, do I have to notify Citizenship and Immigration Canada (CIC)?
Yes. You must notify CIC immediately if you change your consultant. To notify CIC, complete a new Use of a Representative (IMM 5476) form and send it to the office processing your file. You can change your consultant at any time. You may also decide to deal directly with the visa office or the in-Canada immigration office yourself.
What should I do if Citizenship and Immigration Canada (CIC) returns my application saying that my consultant is not authorized to represent me?
If you receive a letter from CIC stating that the status of your authorized consultant, lawyer, or other representative cannot be verified – that they are a member of a provincial or territorial law society, the Immigration Consultants of Canada Regulatory Council or the Chambre des notaires du Québec – re-submit your application to that CIC office as soon as possible, with proof of your consultant’s status (for example, a photocopy of their membership card).
If you find out that your consultant, lawyer, or other representative is not authorized by one of the regulatory bodies, you may choose another consultant or you may proceed to apply on your own.
What should I do if my consultant and I have a disagreement?
If you have problems with your consultant which cannot be resolved, you should file a complaint with the appropriate authorities as soon as possible.
Citizenship and Immigration Canada does not get involved in disputes between applicants and their consultants.
Do I need to use an authorized immigration consultant for my citizenship application?
There are currently no restrictions on who may represent you on your citizenship application.