Immigration Consultant Canada

While hiring an Immigration Consultant Canada (RCIC) is not mandatory for immigrating to Canada, it can help navigate the complex immigration process, especially if you are unfamiliar with the procedures and requirements. An RCIC (Regulated Canadian Immigration Consultant) can provide guidance, advice, and assistance throughout the visa application process, increasing your chances of visa approval.

Table of Contents

1. Introduction
2. Do I need An Immigration Representative?
3. Types of Immigration Representatives
4. What are the differences between hiring an RCIC or a Lawyer?
5. Who is better? The RCICs vs the lawyers?
6. How can RCICs assist their client?
7. Helpful Tips to Select an RCIC
8. Useful Links

1-Introduction

I am grateful for the opportunity to submit a brief article for the clients needing immigration services that deserve quality choices and are protected from ghost consultants or professional misconduct. I am a Regulated Canadian Immigration Consultant (RCIC#710241), an active and in good standing member of the College of Immigration and Citizenship Consultants (CICC, formerly ICCRC). I am the managing director of Arnika Visa Solutions Inc. and an honour graduate of the LaSalle College Immigration Practitioner’s program.

By reading this article, you acknowledge and consent to Arnika Visa Solutions Inc. that the information you obtain from this article is not, nor is it intended to be, legal Immigration Advice. For consultation regarding your Immigration matters, you should consult a Regulated Canadian Immigration Consultant (Authorized Representative).

2-Do I need An Immigration Consultant Canada?

As per IRCC, “You don’t need to hire a representative (An Immigration Consultant Canada). It’s your choice. Using one will not draw special attention to your application and doesn’t mean we’ll approve it. On our website, you can get all the forms and instructions you need to apply for a visa, a permit, or citizenship for free. If you follow the instructions, you should be able to fill out the forms and submit them yourself.”

“You may use a representative to act on your behalf for immigration or citizenship applications. An RCIC explains and give advice on your immigration or citizenship options, help you choose the best immigration program for you, fill out and submit your immigration application, communicate with the Government of Canada on your behalf, and represent you in an immigration application or hearing and advertise that they can give immigration advice. Representatives could be a Regulated Canadian Immigration Consultant (RCIC), lawyers, friends, family members, or other third parties.”

For useful tips, a list of authorized consultants, and general information to help you choose a representative, visit:

www.canada.ca/immigration-representative

3-Types of Immigration Representatives

There are two types of representatives: PAID (must be authorized) and UNPAID.

Paid Representatives or Authorized Representatives

Only some people can charge you a fee or receive any other payment. These people are called “authorized” representatives. They are lawyers and paralegals who are members of a Canadian provincial or territorial law society, notaries who are members of the Chambre des notaries du Québec, and cRegulated Canadian Immigration Consultant who are members in good standing of the College of Immigration and Citizenship Consultants.

IRCC won’t deal with representatives who charge a fee but are not authorized. We may return or refuse your application if you use an unauthorized representative in Canada or abroad. Remember: if you pay a representative or compensate them in any way in exchange for their services, IRCC consider that settled, and they must be authorized.

“We won’t deal with representatives who charge a fee but are not authorized. If you use an unauthorized representative in Canada or abroad, we may return or refuse your application.”

4- What distinguishes a Canadian Immigration Consultant (RCIC) and a Lawyer?

Plenty of fabulous Regulated Canadian Immigration Consultant and lawyers can help you with your immigration inquiry. However, it is sometimes difficult for the public to recognize the differences in these professions, which would enable them to hire the one who fits their immigration needs. Here are the topmost factors that differentiate these professions:

• Education: Immigration law is one elective subject in law school, not a required credit, and is not offered at all law schools in Canada. In return, the RCIC entering the profession must complete a dedicated education program focused solely on Canadian Immigration law.
• Billing: In Canada, most lawyers’ fees are nearly double the RCIC for case processing. The Initial consultation fees are also often higher than the Immigration Consultant Canada.
• Expertise and Advocacy:  Most lawyers practice all types of laws (Acts and Regulations) and are not necessarily Immigration law. At the same time, the activity of the official immigration Representative (Consultants) is wholly focused on Canadian immigration affairs. Lawyers usually spend their time prosecuting and in hearings and are often removed from daily immigration application preparation and production. For Immigration matters, many sizeable Canadian law firms regularly have senior staff who are the RCICs, not lawyers.
• Written Contract or Engagement Letter: Unlike the CICC (Former ICCRC), which obliges the RCICs to have a written Initial and Retainer Agreement with their clients, which must follow the minimum requirement of CICC, the Law Society recommends that lawyers enter into retainer agreements.
• Professional Ethics: If you believe there has been misconduct by a licensed Canadian Immigration Consultant, you could file a complaint against them by completing the Complaint Form on the CICC website. Instead, most Law Societies don’t intervene with the misconduct of their licensee lawyers. You may file a complaint at the court level and pay on your budget to hire another lawyer to defend your behalf.
• The Complaint History: Unlike the CICC, which makes available the disciplinary actions and the current-proceedings information in detail to the public on their website, such information is not known by Law Societies for lawyers to the public. However, if a complaint results in discipline against a licensee, the information about a licensee’s discipline history is available on the Lawyer Directory online as a Suspended Administratively status. You may also want to check the lists of Revocations, Suspensions, Restrictions, Current Proceedings, and Past Decisions of Canadian Immigration Consultant: https://college-ic.ca/protecting-the-public/find-an-immigration-consultant
• Federal Court Services: When it comes to practicing immigration law, lawyers and Regulated Canadian Immigration Consultant (The RCICs) can offer the most similar services. However, lawyers can represent a client in federal court for complicated cases. At the same time, a consultant can only proceed up to the appeal tribunal level when there is an issue with an application. Keep in mind that while consultants cannot go to the federal court, not all lawyers are interested in handling these types of cases either, so if you decide to select a lawyer, make sure your lawyer has many similar cases granted at Federal court by checking his name here: www.canlii.org

5-Who is better, the RCICs or lawyers?

The easy answer is: You should hire an expert with a high-quality service depending on what you need to have achieved. The Canadian Immigration process includes many circumstances, and most Regulated Canadian Immigration Consultant or Lawyers practice in specific areas of Canadian immigration law. No one representative can capably handle every situation that you might encounter with the Canadian authorities. The most important thing you can do is to hire an expert in the exact type of situation that you are facing.

However, this all depends on each case and individual. We highly recommend doing your due diligence to research and hire an expert who suits your circumstances. It is also crucial to understand that no one (The RCICs or the lawyers) can guarantee your application to immigrate to Canada will be successful. “Guaranteed results” should be reported to the appropriate authority (Law Society or CICC ). If someone makes a statement to you of this nature, it’s in your best interest to find a different professional for your case.

6-How a Canadian Immigration Consultant (RCIC) can assist his client?

• Facilitate Immigration Complexity process: When it comes to Canadian Immigration, there are numerous policies, regulations, visa application forms, and supporting documents. So, identifying the right immigration pathway, the application process, and how to apply becomes complex. These days, the rules and regulations make qualifying for a Canadian Temporary or Permanent Visa increasingly challenging. Now more than ever, it is essential to have the guidance of an experienced Regulated Canadian Immigration Consultant familiar with immigration regulations and processes and their complexity. If you want to decrease your risk of visa refusal, you could reconsider hiring a competent and experienced RCIC who can handle your application accurately from start to finish.
• Up to date In Immigration Laws and Regulations: The CICC has established various regulations to ensure RCIC is well trained and prepared for all related immigration laws, regulations, and policies. Each member must complete routine continuous training courses involving the Immigration and Refugee Protection Act, Immigration and Refugee Protection Regulations, Public Policies, and Case laws. Typically, RCICs are educated to find the best option for their clients to get their immigration applications favourably approved.
• Client’s Interest Protection by CICC: Meantime, all RCICs are expected to follow high moral, legal, ethical, and professional criteria when rendering immigration consulting services. If a breach of the code of conduct is discovered, the CICC will interfere and ensure the client’s interests are protected. The CICC also monitors the operation of each consulting firm under the management of each member. Whenever a conflict of interest between a client and a Canadian Immigration Consultant, the client can directly contact the CICC for support.
• Mandatory Liability Insurance: Plus, every RCIC, as a condition of membership, shall enroll in the CICC’s professional liability insurance (errors and omissions) program. Enrolment in the CICC group plan, which is on an individual member basis to pay damages resulting from any error, omission, or negligent act while performing duties like that of an RCIC, is mandatory. As key features of this compulsory insurance, it should have $1,000,000 in liability coverage.
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7-Helpful Tips to select an RCIC

• Verify your Immigration Representative’s (Consultant) status on CICC’s online public registry. Check disciplinary notices in CICC’s Complaints and Professional Conduct section.
• Compare different RCIC fees and services, work and activities they will do and handle
• Get directly in touch with the RCIC Canada handling your application.
• The RCIC Canada will provide you with a detailed contract & if anything in the agreement is not transparent or fair, ask for more explanation in writing.
• During the process, you should know your primary contact, the staff, agents, and an RCIC working on your file, and their roles and responsibilities.
• If you decide to pay for a service, understand what you will receive for your money before you accept or sign the contract.
• Do not pay for services from an immigration Representative until: A- You have verified that your consultant is licensed with the CICC. B-You have communicated with the consultant using the contact information listed on CICC Public Register. C- You have signed a Retainer Agreement or service agreement.

Unpaid Representatives or Third Parties

Unpaid representatives could be family members, friends, and other third parties who do not charge a fee. They may give the same services as paid representatives but do it for free.