Issue link: https://digital.canadianlawyermag.com/i/425225
By steve morales u nscrupulous consultants are taking advantage of desperate Ontario immigrants by charging them exorbitant fees and promising them jobs that may not exist. In an ongoing case, a consultant in Ontario is under investigation for charging clients as much as $25,000 to come to Canada to work in low-skill jobs or, in one client's case, a job that didn't even exist. Toronto immigration lawyer Michael Niren says there's a "huge problem" with questionable immigration consultants, who are competing with legitimate representatives working in the field. "There's a lot of fraud and it's easier to fake your credentials as a consultant than it is a lawyer," he says. "You get a lot of people holding themselves out to be licensed consultants when they're not." The consultant industry has come under heavy scrutiny in recent years due to great numbers of shady operators and "ghost consultants" botching applications or simply taking money and disappearing. The problem was sufficiently widespread that in 2011, the government passed a bill called the Cracking Down on Crooked Consultants Act. It imposes stiff penalties on unlicensed immigration consultants and created a regulatory body to govern the industry. Immigration can be costly and complex so many immigrants choose to hire a lawyer or consultant to help navigate the process. The government considers them "authorized representatives," meaning they can accept fees for their services. Under Canadian law, anyone taking payment for immigration assistance must be an accredited professional. Also, a paid representative must be a Canadian citizen or permanent resident. You can also enlist help from friends, family, or a religious group, for example, as long as they are not being paid. Citizenship and Immigration Canada refuses to deal with non-authorized representatives who accept fees. CIC adds that using a representative won't speed up the immigration process or give your application any special consideration. 16 iMMiGRaTion Law how aRE ThEY diFFEREnT? Both lawyers and consultants can provide similar services and can vary in terms of expertise and cost. The primary difference is that only a lawyer can represent you in Federal Court if you need to appeal a decision. Consultants can appeal before tribunals, but not in Federal Court. Aside from that, Niren says lawyers and consultants aren't too different and your choice should depend on your needs. "It really depends on the case," he says. "You can have a lawyer who has less experience than a consultant in a given area of law and in that particular case it may be better than the client goes with a consultant. "Other than the Federal Court, there's really no better or worse choice, it's all case-by-case," he adds. Consultants will typically undergo less schooling than a lawyer. Consultant certificates can be obtained online or in as little as six months, depending on the school, whereas a law degree is more intensive, taking several years. Given that, lawyers can often be more expensive but will have much deeper educational background. A consultant can also have more experience since they focus entirely on immigration, but many lawyers have several specialties. There are some firms and lawyers that concentrate specifically on immigration, particularly complex areas of immigration law such as business immigration or refugee law and therefore having extensive knowledge of the area. Any paid representative must be in good standing with the Immigration Consultants of Canada Regulatory Council or their local provincial or territorial law society. Niren encourages potential clients to do their homework and check with the relevant regulatory group. "When you do hire a consultant, you do have to scrutinize who your representative is a little bit more than with a lawyer," he warns. "[With a lawyer], it's just easier to know when you're dealing with a legitimate representative." LRG 'huGE shadY ConsuLTanTs ' ' ' ' there's a lot of fraud and it's easier to fake your credentials as a consultant than it is a lawyer. — Michael Niren