Dear Mr Brown,

My daughter registered for a Canadian programme, which we now realise was an unauthorised immigration consultation.

The fees were non-refundable, so we were trying to make the best of the situation. Now the unauthorised consultant claims to be an agent of a legitimate immigration consultant. Does this legitimise the unauthorised agent to assist with the immigration process?

—PKDear PK:

—PK

Dear PK:

The Immigration Consultants of Canada Regulatory Council (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.

ICCRC members are allowed to use agents for the purpose of assisting with:

• Recruitment; and

• Marketing.

It must also be emphasised that agents are not partners with an ICCRC agent in any manner. An agent acts on behalf of the ICCRC member and is not your agent. Accordingly, my advice is to deal with the authorised legal representatives directly.

The agent of an ICCRC member is not allowed to assist with regards to immigration advice or any part of that process, as agents are untrained and unlicensed for such acts. Moreover, it is contrary to the laws of Canada for Agents to pretend or represent that they are allowed to offer immigration advice through advertisements. 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.

For clarity, agents of ICCRC members are prohibited from the following activities:

• Consulting with a client;

• 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.

Therefore, if you do not have this impression based on the promotion by an agent or even after the initial dealing with an agent, then something is wrong. All client fees collected are the responsibility of the authorised ICCRC member. As such, it’s a best practice for an agent not to collect money from clients.

ICCRC regulations stipulate that:

• The ICCRC member is responsible for the acts or omissions of the member’s agents and employees, and must ensure that all agents and employees conduct themselves in accordance with regulations;

• An ICCRC member must assume complete professional responsibility for all work entrusted to the member and adequately supervise employees and agents who have been assigned specific tasks.

• An ICCRC member must register with ICCRC the names of all agents, and ensure that any registered agents are de-registered when no longer engaged.

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 an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com

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 jamaica2canada@gmail.com