Authorized Reps: Who to use?

Authorized Reps: Who to use?

Canadian Immigration News and Views
By Berto Volpentesta

The government of Canada has regulated who can be counsel or an “Authorized Representative” for immigration purposes. The Federal government has jurisdiction over the issue of who can counsel, appear or represent people in Immigration matters. The not so new regulations govern who may represent clients and state that only lawyers or consultants who are members of the Canadian Society of Immigration Consultants (CSIC) can be used. Yet many still fall pray to the sales tricks and fantasies being sold by the less scrupulous of the world.

CSIC was created by the government to bring order and regulate immigration consultants. The government of Canada invested a great deal of time and money to ensure that the public would be safe and secure in the knowledge that immigration consultant members of CSIC would be regulated. Members of CSIC follow strict professional rules of conduct (in several ways more strict than the lawyer’s code), are subject to effect review and disciplinary action, are subject to continuous professional development and carry insurance to cover errors and omissions.

On April 13, 2004 the changes took effect and meant that anyone doing any immigration counseling for a fee must be a member of the Canadian Society of Immigration Consultants (CSIC) the self-regulating body for immigration consultants) or a member of a law society (the self-regulating body for lawyers). This means that clients who hire a representative who is not regulated would have their applications returned by CIC and similarly, clients appearing before the IRB would be treated as not represented.
It is often a good idea to retain counsel for immigration matters and for many years people have been hiring lawyers and consultants to help with some very important matters. Prior to CSIC and with no barriers to working as an immigration consultant very unfortunately, those that were less than competent and not professional would also practice at the expense of their clients. In some cases plain crooks would also take advantage. Now with CSIC and with growing public awareness, even some visa posts are putting out ads warning against using unregistered consultants, this is changing.

It is astonishing though, the public still often goes to those with the most colourful advertisements, the biggest offices, the boldest claims but they are ultimately being sold a fantasy. For example, CSIC forbids the use of photos of clients in advertisements. Yet there are those, consultants and lawyers alike, who would put their pocketbooks and profits before the security and privacy of clients publishing not only photos of the clients but their names and the names of their family members.

There is also the practice of “ghosting”. Ghosting is when a person performs immigration counseling and services but does not sign their name or uses the name of an authorized representative. There are several serious problems with this. Firstly, the person paying for the service is using someone who does not want to follow the rules, so what recourse is there when the problem arrives? None. Secondly, the ghost counsels the applicant to misrepresent information to the government. By signing the Use of Representative Form clients are stating that all the information is true. When they sign indicating that they did not pay anyone they are misrepresenting a fact and that is a serious offence leading to a ban from Canada. Lastly, applicants are fooled into believing that because a ghost or ghosting firm has “retained” authorized counsel that their case is being represented by authorized counsel. In fact, some lawyers and consultants give a “global letter” or for a fee will allow the ghost to use their name. It is very likely that the lawyer or registered consultant will never see the application, will know nothing about the case and will deny any wrongdoing.

So, how do you know who to use? What should you look for? Professionalism. Plain and simple, professionalism is summed up by experience, honesty, integrity, training, ongoing professional development, membership in a professional association such as the Canadian Association of Professional Immigration Consultants (CAPIC) and of course a registered member a Law Society or CSIC. The person should be making immigration their career not their hobby.

Have a question? Send them to Berto Volpentesta or to the editor.