Dear Mr Brown:

I recently applied for a Canadian work permit, using a local agent. The agent completed the forms, but apparently the forms were not completed properly and I have now been deemed inadmissible to Canada for five years.

Does the Immigration Consultants of Canada Regulatory Council (ICCRC) recognise a company who is registered with International Air Transport Association (IATA) or the Jamaica Association of Travel Agents? Can members of those organisations be considered legally authorised third parties whom an applicant can pay for their assistance in completing a Canadian immigration form?

NT

Dear NT:

The ICCRC is the regulatory body responsible for governing the conduct of immigration consultants. The Federation of Law Societies of Canada (FLSC) is the national coordinating body for provincial and territorial law societies in Canada.

Under Canadian law, only authorised legal immigration representatives can charge a fee to help someone apply for a visa to come to Canada. It should be noted that all employment agencies, travel agencies or education agents in Jamaica must be authorised agents to provide any form of immigration advice.

For clarity, immigration advice refers to matters relating to: Express Entry, Provincial Nominee Programmes, Start-up Visas, Family Class sponsorship, study permits, work permits, or visitors’ visas, and so forth.

Unauthorised Representatives

Unauthorised representatives are individuals or companies who receive a fee for advising or representing a client on immigration matters, who are not members of the ICCRC or a Law Society. Unauthorised immigration representatives not only contravene the laws of Canada, but they are not even recognised by the High Commission of Canada.

Canadian regulations impose penalties on unauthorised representatives who provide, or offer to provide, advice or representation for a fee at any stage of an immigration application or proceeding.

Unauthorised Representatives are prohibited from the following activities:

* Explaining and/or providing advice on someone’s immigration options;

* Providing guidance to a client on how to select the best immigration stream;

* Providing guidance on completing and submitting immigration forms, such as a visitor’s visa, work permit or study permit;

* Representing a client in an immigration application or proceeding;

* Advertising that they are competent to provide immigration advice;

* Making interventions on behalf of the applicant during processing; and

* Requesting information from the embassy about the progress of the application.

Local Agents

An agent of an authorised legal representative is able to recruit and market for a legal representative. However, agents are not allowed to provide immigration advice or consultation with clients regarding immigration matters. Agents are also prohibited from representing clients.

Moreover, agents are not allowed to advertise or give the impression that they are trained or licensed to assist you in immigration matters.

Checking ICCRC Member Status

There are several ways to determine whether one is an authorised legal representative or a member of the ICCRC, namely:

1. To become a member of the ICCRC one has to be a Canadian citizen or permanent resident, among other things.

2. ICCRC members must indicate their status as members on business cards, websites, advertisements, and so forth. Therefore, unauthorised representatives are unlikely to use the ICCRC logo, which exposes them.

3. Unauthorised representatives are unlikely to complete or submit the Use of a Representative Form (IMM5476). This document must be completed and included in a visa application submitted to the Canadian High Commission, if someone assisted with the visa application or before the application was submitted.

4. ICCRC members and their status are listed on the official ICCRC website. You may even do a search for members based by location, (such as in Jamaica) by visiting the following site: secure.iccrc-crcic.ca/search-new/EN

For further information on Express Entry or the Study and Work progamme, please visit jamaica2canada.com.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel, education agent and managing director of JAMAICA2CANADA.COM-a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com