Dear Mr Brown:

I wanted to know whether it is wise to work with a local agent of a Canadian Immigration Consultant for Express Entry or studying. My friend responded to one after seeing advertisements by an agent, and I wanted to know whether an agent can legitimately give advice about Express Entry or study permits.

— NK

Dear NK:

I will state in the affirmative that Immigration Consultants of Canada Regulatory Council (ICCRC) allows Canadian immigration consultants to use local agents.

It is imperative to understand that an agent is a person or company who:

* represents an immigration consultant in furtherance of the consultant’s practice;

* solicits or facilitates business in connection with the immigration consultant’s practice;

* is registered, as an agent pursuant to ICCRC’s By-laws; and most importantly

* does NOT provide immigration advice for a fee.

Prohibited activities of agents

In other words, agents may recruit candidates and market the services of an immigration consultant. However, an agent is not an immigration consultant. Accordingly, agent must not represent a client, advise a client, consult with a client, or advertise or give the impression that they are able to provide immigration advice and services.

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 emphasised that employment agencies, travel agencies or education agents in Jamaica are NOT authorised to provide any form of immigration advice.

Unauthorised agents

My personal concern is that some agents wrongly believe or deceptively represent that their status, as an agent, allows them to give immigration advice, which is not allowed as I outlined previously. Under the guise of being a local agent for an immigration consultant, many agents are instead acting as unauthorised representatives who participate in many of the following prohibited activities:

* explain and/or provide advice on someone’s immigration options;

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

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

* advertise that they are competent to provide immigration advice

Citizenship consultants

Incidentally, on June 18, 2015, Citizenship and Immigration Canada announced that the ICCRC has been named the new regulatory body for consultants providing citizenship advice. ICCRC has an expanded role of protecting consumers regarding citizenship services, in addition to their mandate of dealing with immigration services. It is now an offence for anyone other than an authorised representative to provide advice or representation regarding an application for Canadian citizenship, at any stage of a citizenship application or proceeding, including the period before an application is submitted.

In response to your query, should you wish to have assistance, for your protection, I would advise you to use the advice of an immigration professional who is educated, trained, experienced, licensed, and accountable. Never work with anyone who is not willing and able to complete and execute the ‘Use of Representative Form’ for an application at the Canadian High Commission. This is not only sound advice, it is the law of Canada.

Please visit jamaica2canada.com for additional information on Canadian Permanent Residence Programmes, including Express Entry, the Study and Work programme, visitor’s visas or appeals.

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