Dear Mr Brown:

I see an advertisement by people claiming to offer assistance for obtaining permanent pesidence in a short time through a partnership with an Immigration Consultants of Canada Regulatory Council (ICCRC) member in Canada. However, it does not state the member’s name. I would like to know whether this is a legitimate arrangement.

— CB

Dear CB:

I am not familiar with the advertisement. However, I can state that the arrangement is not necessarily illegitimate, as ICCRC members are allowed to have agents.

The ICCRC is the national regulatory authority designated by the Government of Canada to safeguard consumers who seek Canadian immigration advice and representation. Canadian law requires that immigration professionals in Canada or abroad, who provide Canadian immigration services for a fee, must be registered with ICCRC. As a self-governing regulatory body, the ICCRC manages the standards, professional requirements and complaints and discipline process.

Pursuant to ICCRC guidelines, an agent may represent an ICCRC member in the furtherance of the member’s practice and may solicit business in connection with the ICCRC member’s practice. However, the agent must be registered, is NOT permitted to provide immigration advice, and is NOT to take part in the proceeding or application for immigration matters.

It must be emphasised that an agent is NOT a partner and cannot advise you about your immigration options.

Advertising

The ICCRC provides guidance in the Code of Professional Ethics for Ethical Practices in general, and advertising and promotion of services in particular. With regards to advertisements, Article 12 states: “In any advertising or other promotion on behalf of a member, or of a firm in which a member has any interest, the member shall ensure that the member’s name as registered with ICCRC is prominently displayed…”. This mandatory identification applies regardless of whether the medium used is print, radio, television or the internet, and for greater certainty, includes business cards, web sites and social media.”

In other words, the advertisement is to be done by the ICCRC member or on behalf of the ICCRC member, which states their name or business name. The advertisement cannot be in the interest of the Agent’s business relating to ICCRC matters. It must be emphasised that you should know the ICCRC member(s) based on the advertisement. Please be guided accordingly.

Please visit

JAMAICA2CANADA COM for additional information on Canadian Permanent Residence programmes, including Express Entry, the Study and Work progamme, visitor’s visas or appeals, etc.

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