How To Tell If an Immigration Lawyer or Consultant is FAKE

How To Tell If An Immigration Representative Is FAKE

One of the largest problems in the world of Canadian immigration is fraudulent consultants, also known as “ghost” consultants. Our office has seen people who were defrauded in terrible ways by FAKE immigration consultants:

• Fake LMIAs and Fake Work Permits sold to applicants for $100s or even $1000s of dollars
• Applicants providing documents which were lost or destroyed
• Applicants paying for representation, but who were unable to contact their “representative” again
• FAKE consultants who gave incorrect advice or submitted incorrect information resulting in the applicant being barred from Canada
• FAKE Facebook and other social media profiles set up in the names of real consultants

These are just a few of the problems that people have experienced and brought to our attention.

Here are the best ways to tell if a representative is a FAKE:

1. If someone calls themselves a “migration consultant,” “agent,” “immigration agent,” “immigration practitioner,” “advisor,” “specialist,” “counselor,” or “immigration professional” they are very likely a FAKE.

Different countries (such as Australia) use different terminology for their legal professionals, but in Canada, migration consultants, migration agents, immigration practitioners, advisors, specialists, and counselors do not exist. These are terms that people without a license to practice Canadian immigration use to look more legitimate when a client may not know the difference.

In Canada only REGULATED CANADIAN IMMIGRATION CONSULTANTS (RCICs), CANADIAN immigration LAWYERS, and (in Quebec) members of the Chambres de Notaires du Quebec can represent people on immigration applications for money. Canadian Paralegals CAN represent at Immigration and Refugee Board hearings, but CANNOT represent on an immigration application.

Anyone calling themselves anything other than a Regulated Canadian Immigration Consultant or Canadian lawyer is almost certainly a fake. Those of us with a license to practice Canadian immigration went through rigorous and expensive training – we are proud to show you our credentials.

2. You can easily tell if someone is actually a member of the ICCRC or a Canadian Bar Association with a simple search on the licensing body website

On the ICCRC website, you can search for licensed consultants using their first name, last name, office location, or registration number – see the photo below.

You can even check to see if a consultant or lawyer has ever been in trouble or had any disciplinary action taken against them. https://iccrc-crcic.ca/find-a-professional/

Canadian lawyers are members of the Law Society of the province where they reside such as the Law Society of Ontario or British Columbia – see the photo below.

All you have to do to check if a consultant or lawyer is licensed is type in any part of their information. If they don’t appear, then you have your answer.

If a so-called “professional” does not want to provide you with their Law Society number or ICCRC number, then this is almost certainly the reason why.

3. Only taking money if the application is approved – definitely a FAKE

Immigration Consultants regulated by the Immigration Consultants of Canada Regulatory Council (ICCRC) are specifically prohibited from billing on a contingency basis. This means that we are FORBIDDEN from charging clients only if an application is approved.

All RCICs must follow the ICCRC Code of Professional Ethics, which does not allow contingency billing. If a person representing themselves as a consultant offers to only take a professional fee if your application is approved, they are either breaking the ICCRC rules and are not honest, or they are not a member of ICCRC at all.

4. Trouble getting in touch with your representative after you’ve paid

Your representative is obligated to be available to answer your questions and communicate about all aspects of the application process. You should have all information about them before you sign the retainer agreement and start the process, including:

• Representative’s full name
• Office address
• Contact information including phone number and email
• ICCRC or Law Society Registration number

Of course, how soon your representative will respond to emails and phone calls should be discussed before you hire them (within 24-48 hours is a normal timeframe). It is also normal that your representative may or may not provide a cell phone number to reach them, as long as they give you an office phone number.

However, you should never be in the dark about:

• Who specifically is your representative,
• How to contact them,
• What the application process will look like.

5. The payment terms or service provided are unclear in the contract

Both Regulated Canadian Immigration Consultants AND Canadian immigration lawyers are required to sign a contract with their clients in order to provide immigration service to them.

It is mandatory that this contract include things like:

• Representative contact information
• List of services to be provided
• Types and amount of fees to be paid
• When fee payments are due
• What to do if there is a dispute with your representative
• How to contact the ICCRC or Law Society if you wish to file a complaint against your representative

These contracts (called retainer agreements) MUST be signed for a professional immigration consultant or lawyer to represent you. If you are not asked to sign a contract, then this person is either not a licensed professional or they are breaking the rules which allow them to have a license to practice immigration.

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These are just a few of the signs that a person selling immigration services is not a licensed immigration consultant or lawyer, which means:

• they have never been trained to properly work on Canadian immigration applications
• there is no recourse if this person steals your money or ruins your chances of future immigration applications in Canada

If you suspect that a consultant or lawyer is a FAKE, you can report them directly to the Royal Canadian Mounted Police Canadian Anti-Fraud Centre at 1-888-495-8501 – they HATE immigration fraud just as much as we do.

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