How to avoid getting SCAMMED - News - Jamaica Gleaner - Tuesday | May 28, 2013

How to avoid getting SCAMMED - News - Jamaica Gleaner - Tuesday | May 28, 2013

Dear Miss Powell, I would like some help with getting to Canada, but, last year, my cousin got scammed by someone who said they could help her get a job in that country. She sent the person a money transfer of US$5,000 and copies of her passport and other documents, yet up to now, she has not got a response from the person. What can my cousin do to get back her money? How do we know who is a scammer? - RS

Dear RS,

It is not uncommon for persons to be defrauded by 'ghost' consultants who will take your money and never submit your application. Some disappear or they tell you that your application was rejected.

Anyone who is charging you money to assist you with the immigration process should be someone who is recognised by the government of Canada. Anyone else is breaking the law and should be reported.

The persons who are authorised to charge a fee for their services are certified immigration consultants, lawyers, paralegals, and notaries (Quebec) who are in good standing with their regulatory organisation. The law societies have websites and help-lines that you may call to investigate a lawyer or paralegal in Canada.

It is up to you to check the credentials of these persons before submitting your documents and money to them. Any application you make with the assistance of an unauthorised representative will be rejected by Citizenship and Immigration Canada (CIC).

There are several ways to protect yourself from fraud:

1. Choose a lawyer or consultant that has been recommended by a friend or family member you trust.

2. Interview your prospective representative. Ask about their training, experience, and about the organisation that has authorised them to act as an immigration representative.

3. Contact the governing professional organisation to ensure that the representative has a licence to practice. So, for example, in Jamaica, contact the General Legal Council. In Canada: Law Society of Upper Canada (Ontario only) and Immigration Consultants of Canada Regulatory Council (ICCRC)

4. Ensure that you have a retainer agreement or contract and that you fully understand the terms. Do not sign documents unless you fully understand them.

5. A legitimate representative will also ask you to sign a 'use of representative form', which will include their name and the name of their governing body. You should keep a copy of this form.

6. Do not leave your original documents such as your passport, SIN card, TRN card or driver's licence to the representative.

7. Ensure that you have a receipt for all payments submitted. You may also submit certified cheques, money order payable directly to 'Receiver General of Canada', which your representative will submit with your application on your behalf.

8. You may change your immigration representative at anytime during the process and may contact CIC directly or through your new representative to notify them of the change.

Your cousin should make a formal complaint to the police in Jamaica. If the person is a lawyer or paralegal, she should contact the law society. If the person is a registered/certified immigration, she should contact the ICCRC. She should also contact the Canada Border Services Agency Border Watch Toll-free Line at 1-888-502-9060.

She will need to submit proof of the documents and money submitted to the person along with the following information:

Name of individual or company;

Address and telephone numbers;

Location, date of suspected illegal activity;

Dates and times contact was made with the person and details of the communication.

Remember, no one can guarantee you a job or visa to Canada. Only the CIC officers at the Canadian embassies, consulates, or high commissions can decide whether or not your visa will be granted. Be alert and smart. Investigate the person or company before you send your documents and money to them.

Best of luck to you and your family!

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