There are generally two types of Canadian immigration consultants. The first type consists of immigration lawyers registered in various provinces of Canada. The second type is known as Regulated Canadian Immigration Consultants (RCIC), who are members of the College of Immigration and Citizenship Consultants (CICC), currently recognized by Immigration, Refugees and Citizenship Canada (IRCC). The IRCC website has always clearly stated that applicants are welcome to handle their immigration applications themselves (DIY). However, if applicants choose to seek a third party to handle their application for a fee, they must hire a properly licensed and regulated immigration consultant.
The reason for this is that regulated immigration consultants have passed various assessments to obtain recognition and possess a certain level of knowledge regarding Canadian immigration laws. Their professional ethics, English proficiency, registration records, past work history, and Continuing Professional Development (CPD) education requirements allow them to be trusted by IRCC. Regulated immigration consultants are authorized to act as legal representatives for applicants. When submitting an immigration application, both the applicant and the regulated consultant must sign an IMM5476 (Use of a Representative) form. Upon receiving the application, IRCC will communicate directly with the regulated consultant, who can also follow up on the progress of the application on behalf of the applicant.
If there are any issues with the application, IRCC will cite specific immigration laws to reject it. In such cases, the regulated consultant should advocate for the applicant based on immigration laws, explaining the applicant’s unique circumstances and clarifying whether there was a misunderstanding by the visa officer or if the initial submission lacked comprehensive information.
In Hong Kong, many individuals applying for immigration do not know the difference between regulated and unregulated consultants. Most people assume that immigration consulting companies advertising their services are legal and recognized. Some companies even advertise themselves as "regulated consultants." However, according to the Canadian government’s official website and CICC’s registration rules, immigration consulting companies cannot refer to themselves as regulated consultants in their advertisements. By law, all immigration consulting companies must clearly display their CICC membership number and the name of the responsible regulated consultant. Since all CICC-registered consultants must be Canadian permanent residents or citizens, any violations would be easier to investigate and address.
Another important point is that RCICs are not allowed to offer guarantees to clients since the final decision on an application’s success is made by IRCC, not the consultant. Therefore, RCICs are prohibited from making any promises regarding the outcome of an application.
【Individual Licenses, Not Corporate Licenses】
Most consumers mistakenly believe that an immigration consultant’s license is a corporate license. In reality, the license is individual. This means that if any issues arise, responsibility falls on the individual RCIC. After obtaining registration, RCICs can collaborate with others in Canada or overseas. These collaborators are called agents and must sign an Agency Agreement with the RCIC. According to CICC regulations, this agreement must clearly state the consultant’s membership number and name, regardless of whether the agent operates overseas or in Canada. This ensures that any complaints are directed at the regulated consultant (a Canadian permanent resident or citizen), providing consumers with protection.
【Retaining and Communicating Directly with a Regulated Immigration Consultant】
If you are in Hong Kong and wish to hire a licensed Regulated Canadian Immigration Consultant (RCIC) to handle your immigration application, you must verify whether the advertised consultant is officially licensed, still active in providing immigration services to clients, and has a good reputation. You should also ensure that the consultant can personally provide legal consultation services. In the past, many applicants reported that they had never interacted with their licensed consultants, which created difficulties when filing complaints.
IRCC requires that when signing a contract, applicants must clearly understand which licensed consultant or lawyer will act as their legal representative. Additionally, when submitting application forms, both parties must sign an IMM5476 (Use of a Representative) form that clearly lists the licensed consultant’s membership number, name, and address. Subsequently, all correspondence related to the application will be sent to and handled directly by the licensed consultant.
When hiring a legal representative, it is essential to communicate directly with them to ensure that all documents—including the Legal Submission Letter, application forms, supporting documents, and Legal Representation Letter—comprehensively highlight the applicant’s strengths and accurately demonstrate how they meet immigration requirements.
To find a registered Canadian lawyer, you can visit the websites of law societies in Canada’s provinces. Similarly, the CICC website allows you to locate CICC-registered members in Hong Kong and worldwide. Each member has a unique membership number; by looking it up, you can determine their years of experience—an earlier registration date corresponds to a smaller number.
【Why Emphasize Hiring a Regulated Canadian Immigration Consultant?】
Hiring a regulated Canadian immigration consultant is crucial because they have undergone professional assessments, exams, continuous CPD education training, and hold professional liability insurance of no less than CAD 1 million. If you hire an immigration company without a regulated Canadian immigration consultant involved, you will have no protection in case of disputes. In Hong Kong, your recourse would be limited to filing a complaint with the Consumer Council; however, this body cannot revoke licenses or impose penalties.
The Consumer Council has also warned consumers to be cautious when choosing immigration companies for handling their applications. Therefore, we strongly recommend hiring a regulated Canadian immigration consultant or an immigration lawyer recognized by IRCC.
【IRCC Allows DIY Applications but Requires Licensed Assistance for Paid Services】
There have been many cases where immigration companies or local agents submitted applications under applicants’ names without partnerships with regulated immigration consultants for seeking higher profits. When IRCC notices such cases, responsibility falls on the applicant because their official website clearly states that applicants can handle their applications themselves or hire a third party for advice and assistance with their applications.
If a fee is paid for services rendered by a representative, they must be either a regulated immigration consultant or lawyer. As such, IRCC may require applicants to disclose which consultant or lawyer they hired; if this individual is unlicensed or if applicants cannot provide this information, their application will be refused.
Based on our years of experience in this field, such situations are common. As many new immigration companies emerge and consumers remain unaware of needing licensed consultants' services, it becomes easy for them to mistakenly hire unlicensed individuals for handling their applications.
In such cases where unlicensed individuals operate overseas without licenses in Canada—though illegal—IRCC cannot take legal action against them. However, if these actions occur within Canada, law enforcement agencies like the Royal Canadian Mounted Police (RCMP) may take action through searches or impose penalties such as fines or imprisonment.
【Qualifications Required to Become a Licensed Regulated Canadian Immigration Consultant (RCIC)】
One qualification involves meeting specific English proficiency requirements because all Canadian immigration application forms must be submitted in English or French. If an application is refused and requires an appeal process through legal proceedings later on—fluency in either language becomes essential.
To become an RCIC:
Currently required steps include completing:
Additionally:
For instance: If a regulated consultant works with an overseas agent—the Agency Agreement must include sections regarding code of conduct ensuring confidentiality regarding client information while securely storing documents without disclosing client details.
If client information leaks occur—the regulated consultant bears responsibility for explaining these issues as part of their Code of Professional Ethics.
CICC reviews regulations annually requiring members review updated regulations before renewing memberships; financial accounts undergo audits ensuring compliance with contractual obligations including fee collection processes alongside expense reporting standards while handling client documentation adhering strictly specified requirements.
【Severe Consequences of Misrepresentation】
Misrepresentation is strictly prohibited among regulated consultants and lawyers who will not falsify client information due to its harmful effects on both parties involved—their licenses may be revoked while clients face bans from submitting applications for five years.
For instance: An applicant claiming single status falsely despite being married—may initially succeed acquiring citizenship status; however—if IRCC discovers misrepresentation—their citizenship could be revoked leading ultimately towards deportation consequences thus highlighting severity surrounding misrepresentation offenses.
Other misrepresentation examples include fabricating residency days within Canada, or purchasing fake job offers aimed at boosting points and acquiring immigration status leading mass rejections. These may also lead to potential revocation of citizenship statuses too.
With modern technology, the Canadian government can easily verify the authenticity of applicant provided information. They can trace patterns effectively linking cases handled the same immigration consulting firms, resulting in clients facing severe repercussions of misrepresentation even years later.
Thus, we strongly advise against engaging illegal actions/misrepresenting any way during applications process as such decisions can lead to lifelong regrets.
Disclaimer
The information provided above is for general private reference purposes only and does not constitute comprehensive legal advice regarding Canadian immigration laws. Rothe International Canada is not responsible for any losses resulting from reliance on this information. For specific questions, please contact Rothe International Canada directly at (852) 2868-3780 or fill out our online inquiry form.