by Shani Hanwella
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The term 'immigration agent' is often loosely used for individuals and companies who assist others to obtain visas to Canada. In Sri Lanka alone it appears there are over 200 - 300 such "agents" in operation who claim to be qualified to assist applicants with their Canadian migration matters. What is shocking is that the majority of these agents are neither qualified nor authorized by the Canadian government to represent applicants with their Canadian immigration matters. The fact that such "agents" may have been to Canada, or have a relative living in Canada, or know somebody who lives in Canada, or know someone who knows someone who lives in Canada, in no way qualifies them to act as legal advisors for Canadian immigration matters. Neither does simply knowing how to fill out Visa Application forms. Rather, providing proper advice and guidance to applicants on Canadian immigration matters requires knowledge of the law and experience in the field.
Authorized Representative According to the Government of Canada, a representative (agent) who charges a fee to represent or advise a client on Canadian immigration matters must be either a Canadian lawyer in good standing or a member of the Canadian Society of Immigration Consultants (CSIC member) in good standing. No one else is legally entitled to represent or advise a client for a fee. Click here to see your agent is in this list>>
Qualifications of Canadian lawyers and CSIC members To become a lawyer in Canada, one must go through extensive education, more so than in certain other countries. Most applicants to Law Colleges in Canada will already have completed a Bachelor's degree. Law College itself lasts for three years, and is followed by a mandatory year-long articling period and then a series of exams before licensing is granted. This process of schooling, articles, and examinations is designed to ensure that licensed lawyers are qualified to provide clients with the best possible service. Although a CSIC member's training is not as extensive as that of a lawyer, it does involve an intensive study programme that is focused on the area of Canadian Immigration law, and the CSIC member must also pass examinations before being granted a licence to practise. Both lawyers and CSIC members are also compelled to undertake continued professional development programmes on a regular basis to keep abreast of all legislative changes and developments in the field of Canadian Immigration law so as to maintain the best possible client service. Unless the "agent" you are dealing with is a Canadian lawyer or a CSIC member, you are not likely to receive the most up-to-date legal advice or professional and accountable service. Only those who are trained and authorized possess the skills and legal expertise that it takes to assess a client's situation and advise a client of the migration options that are best suited and cost-effective to him. Canadian lawyers and CSIC members are both governed by ethical rules and codes of conduct, and both are answerable to their respective regulatory bodies which oversee compliance with these rules.
Self-representation Canadian Immigration law does not require that an applicant retain a legal representative, and applicants are entitled to represent themselves in their migration applications. However, in my many years of experience working in the field I have come across many applicants who have found the process complicated, confusing, and not very "user friendly". Sometimes, the applicants have been denied visas to Canada, not because they are not qualified to migrate, but because of technical errors that they made which could have been avoided by an experienced professional representative.
Be wary of unscrupulous representatives It must be kept in mind that even the best of lawyers or CSIC members cannot help all who wish to migrate to Canada as some people simply will not qualify. Where this is the case, a scrupulous representative should decline to accept the case. Nevertheless an interested party can be persistent and sometimes may even offer to provide fabricated information or documents to overcome deficiencies which render them ineligible for migration. Be extremely wary of any agent who is prepared to go along with such a proposal. It is an offence under both Canadian and Sri Lankan law to misrepresent facts and/or to use fraudulent documents to gain any benefit or advantage (such as a visa to Canada for example). As much as the agent, you too will have to face the consequences because if it is revealed in the future that you misrepresented or used fraudulent documents, you can - and very likely would - be stripped of your permanent residence status and / or citizenship in Canada.
Ghost Agents The Government of Canada does not recognize or deal with non-authorized representatives who charge a fee for their service. However such unauthorized or "ghost agents" have found a way to circumvent this rule by remaining hidden away in the background, never disclosing their name to Canadian authorities. For the unsuspecting client such "ghost agents" are easy to recognize, as they will be unwilling to disclose their name or their company's name to Canadian authorities as the client's legal representative. Rather, they will most often insist that the client present the application as if they are self-represented. Therefore, if you have been told by an agent that your application will be filed under your name, be cautious - you may well be dealing with an unauthorized or "ghost" agent.
How do you know who is genuine? Do your home work. Check the credentials of the person or company you wish to hire. Websites of representatives should have information about their credentials. You may also visit the websites of their professional regulatory bodies to ensure that the representative you are thinking of hiring is still a genuine member in good standing. Finally ask to speak to your representative and clarify all areas that are not clear to you before signing any retainer agreement. Remember, it pays to know who you are dealing with. The wrong agent could cost you money and the opportunity to better your future and that of your family.
If you find that your agent is not genuine, report here>>
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