Navigating through the complexities of immigration can be daunting, and the choice of an immigration representative can be crucial to the success of the process. Whether moving to Canada or seeking to adjust one’s status within Canada, the guidance of a knowledgeable representative can make a significant difference.
Unfortunately, the illegal practice of law in immigration is much more common than other areas of law. For example, in Montreal, nearly 40 per cent of the bar’s investigations into the illegal practice of the profession of law were related to immigration.
This article discusses the differences among various types of representatives and provides guidance on selecting the most suitable professional for your immigration needs.
The Differences: Lawyers vs. Consultants vs. Unauthorized Representatives
In the realm of immigration assistance, three main types of representatives are recognized: lawyers, consultants, and unauthorized individuals.
Immigration lawyers are licensed professionals who have completed a law degree and are members in good standing of a provincial bar association, such as the Law Society of Alberta. They are equipped to handle legal representations in courts and can provide comprehensive immigration advice.
Regulated Canadian Immigration Consultants (RCIC’s), are certified through the College of Immigration and Citizenship Consultants and have taken an immigration practitioner’s course of approximately one year. Some RCIC’s are restricted in which areas of immigration they can practice, and they do not possess the authority to represent clients in Federal Court.
Unauthorized Representatives or “Ghost Consultants” offer immigration services without proper credentials. Engaging with such individuals can jeopardize the integrity of your application, as they are neither regulated nor insured, exposing clients to significant risks without recourse.
What to Look for in a Representative
Choosing the right immigration representative involves verifying their credentials and licensing first and foremost. Prospective clients should ensure that the representative is authorized as either as a lawyer or a consultant. To verify a lawyer’s standing, a prospective client can contact the provincial or territorial Law Society the lawyer claims to be licensed under. To verify a RCIC’s standing, one can contact the College of Immigration and Citizenship Consultants.
When assessing potential representatives, it is also imperative to consider their experience and specialization in immigration law. Specialists in immigration will be more familiar with the nuances of the law and capable of handling complex cases effectively.
While examining client testimonials is helpful, it is important to understand that each immigration case is unique, and the outcome can vary based on individual circumstances. Therefore, testimonials should be seen as a reflection of client satisfaction rather than an absolute indicator of future success.
Red Flags and How to Spot Them
Several red flags may indicate that an immigration representative may not be the right choice. Key warning signs include unlicensed individuals claiming to offer legal immigration services and those who make promises that sound too good to be true, such as guaranteed success. Be aware of other red flags such as meetings held in fast-food restaurants and coffee shops, rather than at a lawyer’s or RCIC’s office.
Furthermore, a lack of transparency in fees and the absence of a clear retainer agreement delineating the services provided are indications of a representative one may want to avoid.
The importance of due diligence when selecting an immigration representative cannot be overstressed. By ensuring your prospective representative is properly licensed, experienced, and the services that you are receiving are transparent, you safeguard your immigration journey against potential pitfalls.
