COMPENSATION FUND FOR VICTIMS OF UNETHICAL IMMIGRATION CONSULTANTS
Immigration law
03 Apr
Immigration, Refugees and Citizenship Canada (IRCC) is cooking up some new regulations that might just have a sweet side effect - millions of dollars in compensation for those who have been duped by shady immigration consultants. Looks like honesty might finally pay off-literally!
Immigration representatives give advice on immigration and help people pick the right programs for their goals. They can also handle applications for immigration and citizenship, communicate with the government, and represent clients at hearings. Immigration consultants help individuals and families find their way through Canada’s immigration maze.
To do so legally, they must be members of the College of Immigration and Citizenship Consultants—because guiding you to Canada’s welcoming arms requires the right credentials!
Government authorization is required for paid representatives, which includes:
1. Lawyers and paralegals who maintain good standing with a Canadian provincial or territorial law society.
2. Notaries who are in good standing with the Chambre des notaries du Québec; and
3. Citizenship or immigration consultants who hold good standing with the College of Immigration and Citizenship Consultants.
Anyone can play the role of an unpaid representative-heck, you could even ask your pet goldfish to step in. But here's the catch: you have to declare if you have had a representative, whether they’re being paid or working for free. Forgetting to mention this could land your application in the "rejected" pile faster than you can say "oops."
If you hand over anything, whether it’s cash, cookies, or a lifetime supply of thank-you notes to your representative for their services, they are officially a "paid" representative. And with great pay comes great responsibility. So, make sure they’re authorized, or you might end up with more problems than you bargained for.
This change is part of a series of draft regulations aimed at revising the governance and operations of the College of Immigration and Citizenship Consultants, which was established by IRCC in 2021 to regulate immigration and citizenship consultants and safeguard the public. These proposed updates were recently published in the Gazette.
The proposed regulations would outline the circumstances under which clients of immigration consultants can claim compensation for the harm caused by a registered consultant's dishonesty.
The compensation fund is projected to operate with an estimated 146 payments in the first period, averaging around $4,652 each. Over the course of the first 10 periods, IRCC anticipates that the fund will disburse a total of $5,756,304 in compensation. Looks like the fund could make a serious dent in righting the wrongs caused by dishonest consultants.
Compensation applications would be required in cases where:
1. The College's Discipline Committee finds that the licensee committed a dishonest act but is unable to determine the financial loss; or
2. The Complaints Committee does not forward the client’s complaint to the Discipline Committee due to the licensee's license being revoked.
The proposed penalties are no joke, with fines reaching up to $1.5 million for advising clients to misrepresent themselves. At a press conference on January 15, 2025, Miller revealed IRCC's plan to introduce stricter fines, along with a "name and shame" campaign.
Looks like dishonest consultants might soon be paying a heavy price and getting some very unwanted spotlight AND details about paid representatives found guilty of violations will be posted on the department’s website for all to see.
RRM Law can assist by providing expert legal guidance on all things immigration. Whether you’re navigating the complexities of visa applications, citizenship processes, or appealing a rejection, RRM Law can offer tailored advice and representation to make sure your case is handled with care and precision.
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