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Do I need an immigration consultant to submit my application? - News - Jamaica Gleaner - Tuesday | August 14, 2012

Do I need an immigration consultant to submit my application? - News - Jamaica Gleaner - Tuesday | August 14, 2012


Dear Miss Powell,
I read all the time where you say people should contact an immigration consultant or a lawyer to help them with their case. I hear of people who charge a lot and you give them your documents and they disappear with your documents and money. Do I need an immigration consultant to submit my application? What do I do if they disappear with my documents?
- E.A.
Dear E.A.,
You may use a representative to assist you with your immigration application  at any stage of the immigration process. Representatives who charge a fee for their services need to be recognised by the government of Canada. These are certified immigration consultants, lawyers, paralegals, and notaries (Quebec) who are in good standing with their regulatory organisation. Any person who represents or gives advice for a fee concerning immigration applications is breaking the law, unless they are authorised, or have an agreement with the government of Canada.
It is up to you to check the credentials of these persons before submitting your documents and money to them.
In some cases, people seeking to immigrate to Canada have been defrauded by unauthorised representatives. We have seen where these individuals have fancy websites and even boldly use the logo of the Canadian Society of Immigration Consultants. Often, applicants will be asked to pay using a money transfer service, or by cash. Any application you make with the assistance of an unauthorized representative will be rejected by Citizenship and Immigration Canada. Be careful as 'ghost' consultants will take your money and never submit your application. Their practice is to tell you later that your application was rejected.
There are several ways to protect yourself from fraud. The simplest way to choose an immigration representative is to get recommendations from people you trust, or who have utilised the services of the consultant. Another way is to check the governing body for immigration consultants and lawyers. ICCRC is the new regulatory body for immigration consultants. You can review this list at: http://secure.iccrc-crcic.ca/search/en.  For a list of lawyers in good standing in Ontario, contact the Law Society of Upper Canada at www.lsuc.on.ca. For a list of lawyers in Jamaica, contact the General Legal Council at www.generallegalcouncil.org.
Don't be afraid to ask the representative about his or her training and about the organisation that has authorised him or her to act as an immigration representative. If you have doubts, contact the organisation to make sure the individual is a member in good standing before you send them your documents and money.
Most representatives will ask you to sign a retainer agreement or contract. Read the contract carefully and ensure that you understand the terms and conditions before you sign it. If you do not understand the terms, do not be afraid to ask for explanations. Once you sign the agreement, it will be an indication that you understand the terms and accept them. A legitimate representative will also ask you to sign a 'use of representative form'. Do not leave your original documents such as your passport, SIN card, or driver's licence with the representative. These persons usually make certified true copies of originals and return originals to you. Also, be sure that you do not sign blank application forms, or anything that you are unable read or understand. If necessary, take a translator along to help you.
Be sure to get copies of any documents that are prepared for you, and ask for signed receipts.
Lawyers and immigration consultants are trained to deal with immigration cases and can help you to make the process less stressful. They can be particularly helpful when navigating the immigration process. They can help to ensure that the correct forms, documents, and procedures are followed when submitting an application to prevent delay or the risk of your application being refused for failure to submit the correct documents within the required time period.
Also, when dealing with appeals, criminal inadmissibility concerns, or complex immigration cases, it is recommended that you seek legal advice and representation; however, you are not required to hire an immigration representative, and your application will not receive any type of special consideration if you do choose to use one.
You should also note that immigration representatives have no special connections with the Canadian government, so be careful if they say that they can guarantee you a job placement or guarantee that your application will be successful.
If you have been defrauded or you suspect fraud, you may contact Crime Stoppers or the police in either Jamaica or Canada to make a formal complaint. Just be sure that you have proof of the fraudulent activity in order for your complaint to be taken seriously.
Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario. Her areas of practice are in immigration, personal injury, real estate, family, and administration of estates. She is on the roster of Mediators for Ottawa, Toronto, and the Dispute Resolution Foundation of Jamaica. 
Email: info@deidrepowell.com. Subject line: Immigration. 

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