Use of representatives: Processing applications

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Immigration applications received after October 28, 2011

Pursuant to subsection 91(5) of the Immigration and Refugee Protection Act (IRPA), on June 30, 2011 the Minister designated the Immigration Consultants of Canada Regulatory Council (ICCRC) as the governing body for the regulation of immigration consultants. Therefore, members in good standing of the ICCRC are recognized as persons who may represent or advise an applicant for consideration under paragraph 91(2) (c) of the IRPA.

On October 29, 2011 the transition period associated with the coming into force of Bill C-35 ended. Therefore, Canadian Society of Immigration Consultants (CSIC) members can no longer be considered authorized representatives to do business with Immigration, Refugees and Citizenship Canada (IRCC). In order to be recognized as an authorized representative, a person must be a member in good standing of a Canadian provincial/territorial law society – including paralegals – the Chambre des notaires du Québec, or the ICCRC.

Citizenship applications received prior to June 11, 2015

Prior to the coming into force of relevant provisions of the Strengthening Canadian Citizenship Act, there was no legal obligation that persons providing advice or representation on citizenship applications be members in good standing of a Canadian provincial/territorial law society – including paralegals – the Chambre des notaires du Québec, or the Immigration Consultants of Canada Regulatory Council (ICCRC).

Pursuant to subsection 21.1(5) of the Citizenship Act, on June 11, 2015, the Minister designated the ICCRC as the body whose members in good standing may represent or advise a person for consideration – or offer to do so – in connection with a citizenship proceeding or application. Therefore, members in good standing of the ICCRC are recognized as persons who may represent or advise an applicant, for consideration, under paragraph 21.1(2)(c) of the Citizenship Act.

For applications received before June 11, 2015, the Minister has provided by regulation that a transitional grace period of four years is in place to allow paid representatives who advise or represent applicants in respect of an application received by the Department prior to that date to continue to advise or represent after the coming into force of this provision, even if the representative is not a person who is authorized as per subsection 21.1(2) of the Act.

The person who is advising or representing an applicant for consideration will be deemed to be a member of the ICCRC and may continue to represent or advise on the particular case until a final disposition has been made in respect to the application. A final disposition in respect of an application means the earliest of one of the following circumstances:

  • The application is returned to the applicant because it was not accepted for processing
  • The application is approved, refused, withdrawn or treated as abandoned
  • The person who represents or advises the applicant becomes authorized under subsections 21.1(2) to (4) of the Act
  • The applicant ceases to be represented by that person (i.e. the applicant cancels the appointment of the representative or appoints a different paid representative authorized under subsection 21.1(2) to (4))
  • The administrative grace period of four years expires.

Citizenship applications received after June 11, 2015

For applications received after the coming into force of Section 21.1 of the Citizenship Act, only members in good standing of one of the designated bodies listed under subsection 21.1(2) to (4) of the Citizenship Act are authorized to represent or advise, for consideration, an applicant on citizenship proceedings.

Immigration and citizenship applications received after November 23, 2021

On November 23, 2021, the College of Immigration and Citizenship Consultants (CICC) became the official regulator of immigration and citizenship consultants across the country. The CICC regulates immigration and citizenship consultants under a statutory framework put in place by the College of Immigration and Citizenship Consultants Act (College Act) and is mandated to regulate the profession in the public interest. Pursuant to the College Act, the Minister approved the application of the previous regulator (the ICCRC) to continue as the new College. All licensed consultants under the previous regulator will continue to be authorized to provide advice and representation to clients from the day the CICC opens.

In order to be recognized as an authorized representative, a person must be a member in good standing of a Canadian provincial or territorial law society (this includes paralegals), the Chambre des notaires du Québec, or the CICC.

Refugee protection claimants

The Immigration Refugee Board of Canada (IRB) has their own requirements for dealing with representatives, including their own forms and their own policies and procedures. Completing IRCC forms, like the IMM 5476, does not allow a representative to act as a representative with the IRB. The IRB decides who is an appropriate representative for clients attending oral hearings before the IRB.

Pre-Removal Risk Assessment (PRRA) applicants

Pre-Removal Risk Assessment (PRRA) applicants who identify an unauthorized representative for the processing of their applications will be sent letters similar to the Authorized representative cannot be verified letter. Applicants are given the option of retaining an authorized representative or continuing their processing unrepresented. They will also be informed that no decision will be made on their application until 30 days following their PRRA notification (this is the due date for their written submissions). Should the applicant not respond in time to meet the deadline, they will be deemed to have indicated they will proceed as unrepresented and IRCC will continue with the assessment of the application.

PRRA oral hearings: The procedures to be followed before and during the oral hearing are set out in R168. For more information see the PRRA guide on oral hearings.

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