Dear Mr Brown,

I am seeing a few advertisements from a travel agency claiming to have a 100 per cent success rate. I just wanted to know if some agencies have special relationships with the embassy and whether you have that relationship as well?

—JG

Dear JG:

Fraud Prevention Month

March is Fraud Prevention Month, in which the Immigration, Refugees, and Citizenship Canada (IRCC) and College of Immigration and Citizenship Canada (CICC) seeks to highlight practices for the protection of the general public. The question that you posed is a perfect example of demonstrating the need for the initiative. The short answer to your question is that no authorised representative is supposed to have a special relationship with the high commission. However, unauthorised representative should not be used. I will explain the reason that only authorised representatives should be utilised for immigration matters.

In November 2021, the new CICC was launched as the official regulator of immigration and citizenship consultants. The college has the power and tools to investigate professional misconduct and to discipline its licensees. It will also be subject to significant government oversight to ensure public protection.

The CICC is the regulatory body responsible for governing the conduct of immigration representatives. The Federation of Law Societies of Canada (FLSC) is the national coordinating body for provincial and territorial law societies in Canada. Together with IRCC, these organisations help safeguard potential immigrants from unauthorised immigration representatives who pose a threat to the integrity of Canada’s immigration system.

Authorised immigration representative

Under Canadian law, only authorised immigration representatives can charge a fee to assist someone to apply for visas, permits, permanent residence and/or citizenship. Accordingly, local employment agencies, travel agencies or education agents in Jamaica must be authorised agents in order to provide any form of immigration advice. Otherwise, they are contravening the laws of Canada. I acknowledge and understand the history of using travel agencies for assistance with visa or permit applications. There is no law preventing such assistance for the United States. However, for emphasis, I am repeating that Canada requires one to have education, training and a licence to assist with immigration matters and applications.

Authorised immigration professionals enter their profession with a standard level of knowledge in immigration. Moreover, they must follow the Code of Professional Ethics that states an immigration professional must be honest with you and work within his/her abilities to handle your immigration case.

Not licensed? Not legal!

The Canadian Immigration Regulations prescribe which immigration representatives may (or may not) represent or advise, for a fee or other consideration.

Examples of advice and representation would include:

• Advertising that they can provide immigration advice for a fee

• 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

• Making interventions on behalf of the applicant during processing

• Requesting information from the embassy about the progress of the application

An unauthorised representative is an individual or company who receives a fee for advising or representing a client on immigration matters, who are not members of the CICC or a Law Society. They are not permitted to provide any of the services outlined above.

Please visit JAMAICA2CANADA.COM for additional information on Canadian Permanent Residence programs, including Express Entry, The Study & Work program, Visas or Appeals, etc.

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