People anxious to immigrate to Canada can fall victim to ad­visers, known as “ghost” con­sultants, who frequently charge significant fees and may promise would-be immigrants high-paying jobs or fast-tracked visas. These prospective immigrants often find out too late that they have been deceived. Currently, some immigration consultants are beyond the reach of the Immigration and Refugee Protection Act. The Act regu­lates the activities of immigration representatives from the point of submission of an application or beginning of a proceeding, but does not regulate their activities in the pre-application or proceed­ings stage of the immigration process.

The proposed legislative amendments would require that all advice supplied for a fee be provided by an authorized immi­gration representative. This indi­vidual would have to be either a member in good standing of a provincial or territorial law society or the Chambre des notaries du Quebec, or the body governing immigration consultants. Unpaid third parties, such as family members and friends, would still be allowed to act on behalf of the applicant. Further­more, under the new rules, there would be exceptions for certain groups (for example, visa appli­cation centres and other service providers) when acting in accor­dance with an agreement or ar­rangement with the Government of Canada.

Ensuring that the governing body regulates its members
The current Act does not pro­vide the Minister of Citizenship, Immigration and Multicultural­ism with adequate oversight of the body governing immigration consultants in order to ensure the integrity of the process.
The legislation would provide the Minister with the power, by regulation, to designate a body to govern immigration consultants.

Also, under the proposed leg­islative amendments, the onus would be on the current body governing immigration consul­tants to provide key information to assist the Minister’s evaluation of whether the body is governing its members in the public inter­est and whether consultants are providing representation and ad­vice in a professional and ethical manner.

Currently, Citizenship and Im­migration Canada (CIC) is limited in its ability to disclose informa­tion on individuals who provide unethical or unprofessional rep­resentation or advice. The bill would allow CIC to disclose such information to those responsible for governing or investigating that conduct. An investigation could be undertaken more readily and, where appropriate, disciplinary action pursued.
While much of the problem lies overseas and beyond our reach, it is anticipated that enforcement in Canada could disrupt overseas networks by removing their Can­ada-based links.

Strengthening public aware­ness
Among other non-legislative enhancements tied to this an­nouncement, efforts to raise awareness of the risks of en­gaging crooked consultants will continue, including updating of websites in Canada and abroad, to carry warning messages for potential immigrants. Service improvements, including Web-based tools and videos, are also being developed by CIC and will make it easier for applicants to independently apply to immigrate to Canada.

Cooperating with foreign gov­ernments
The Canadian Government will continue to make use of bilateral and multilateral opportunities to address the fraudulent activi­ties of immigration consultants abroad, including encouraging foreign governments to crack down on crooked consultants who are exploiting people trying to immigrate to Canada. This in­ternational component was initi­ated during the Minister’s trip to India in January 2009

--- excerpt strictly taken from the CIC Newsletter
A Notary Public, a Certified Ca­nadian Immigration Consultant and Senior Advisor, Editha Cor­rales Nelson’s preferred areas of practice are Powers of Attorney, Wills Preparation, International Legal Documents, Affidavits, Letters of Invitation, Statutory Declarations, Drafting of Busi­ness Contracts and other notarial services. For an appointment, please call: 604-777-2757.

The following should not be construed as providing legal ad­vice and information in this col­umn is intended only as a general guide and should not be applied to specific circumstances without further consultation. For more information on the subject, con­tact Editha Corrales Nelson at 604-777-2757.