I completely agree with you and most applicants will not need a consultant. They can simple read the IRCC website, prepare their application and its done.
However, for many it is not that straight forward. If an applicant is struggling with an aspect, they should seek professional help. Inadmissibility cases on criminality, prior refusal, past immigration violations in Canada, inadmissible family member, medical admissibility and many other factors can pose a challenge.
Irrespective, or what you do, never submit a false document. Not only your application will be rejected, you will also be banned for 5-10 years.
Here are some tips from my end:
1. Canada has made their immigration system easy and is the only country that allows “consultants” without any supervision to provide immigration services. This has created a lot of incorrect and unverifiable information floating on the web. Just because a person successfully file and got his application approved, does not make him an expect at immigration. Even lawyers who have been practicing immigration law for over three decades devote considerable time to keep themselves updated with the latest rules, regulations, case laws and notifications. (see
https://goo.gl/upBxv1)
2.
*Immigration is law*, not speculation, or discretion of an officer. The basic laws that govern immigration to Canada are:
a. The Constitution of Canada (Constitution Act 1867 & 1982)
b. The Immigration and Refugee Protection Act (IRPA)
c. The IRPA Regulations
d. The Manuals and Memos issued by IRCC
e. Cases decided by the Immigration and Refugee Board and the Federal Courts of Canada.
3.
*Always crosscheck the information available online* - When relying on information on the web, make sure you cross check it with the laws, or IRCC website. Do not blindly follow what people say on a Facebook page, Youtube, or a forum. Apply your brains, it is your application at the end.
4.
*If you have hired a consultant or a lawyer, make sure they are licensed*. A consultant has to be licensed by ICCRC and their information can be verified at
https://iccrc-crcic.ca/find-a-professional-frame/. The lawyers have to be licensed with the Provincial Law Society and their information can be verified at the respective pages of the Provincial Law Societies.
a. Ontario -
https://lso.ca/public-resources/finding-a-lawyer-or-paralegal
b. British Columbia -
https://www.lawsociety.bc.ca/lsbc/apps/lkup/mbr-search.cfm
5. *
Difference between a Lawyer and a Consultant* - Both lawyers and consultants are licensed and regulated by governing bodies allowing them to provide immigration services. The main difference between lawyers and consultants is educational.
CONSULTANT:
A consultant is someone who is licensed by the ICCRC. The requirement to become a consultants is
To qualify to write the exam, and subsequently become a Regulated Canadian Immigration Consultant, you must:
- Be at least 18 years of age;
- Be a Canadian citizen, Canadian permanent resident, or a Canadian citizen who is a Registered Indian within the meaning of
the Indian Act (Canada);
- Graduate from an accredited immigration practitioner’s program;
- Achieve at least the minimum required score on an ICCRC-approved English or French language ability test;
- Provide satisfactory police certificates from every country in which you have lived for six (6) months or longer since age 18;
- Satisfy the Registrar of your good character and good conduct by completing the Statutory Declaration – Background and
Good Conduct attesting to good character and good conduct as well as by completing the Statutory Declaration – Other
Occupations and Potential Conflicts of Interest; and
- Attest not to presently be an undischarged bankrupt or be involved in a current creditor proposal or income garnishment
arrangement in the Statutory Declaration – Background and Good Conduct.
Lawyer:
To enter the law school, one has to have a bachelor's degree. Then take a LSAT to get into the law school, and study for 3 years. After graduating from Law schools all applicants have to clear the bar exam, and do a 10 months articling position, which is training under a lawyer. Only after this rigorous training does one become a lawyer.
The lawyers are regulated by the Provincial Law Societies.
Lawyers have to complete a rigorous three-year law degree and a period of articling with a law firm before they may obtain a license. Prior to obtaining a law degree, and as a prerequisite to entering law school, lawyers usually obtain an undergraduate university degree. Becoming a lawyer therefore usually entails an education of at least seven years in duration. In comparison, immigration consultants only need a high school diploma, a program with 7 – 10 courses approximately one year in duration with no prior requirements and no articling component.
Also, Lawyers have to comply with strict client fund regulations, which consultants don’t have to. When a client pays any money to a lawyer, the lawyer by law has to put the money in a trust account, and only after the legal work is done, can the money be transferred to the lawyers personal account. A lawyer may not comingle or mix any personal funds with funds received in the lawyer’s role as a fiduciary on behalf of a client or third party. The trust account prevents commingling of different types of funds.
6. Another major difference between lawyers and consultants is that only lawyers may appear before the Federal Court. Lawyers are barristers and as such have the authority to appear before the courts, whereas consultants do not. Generally speaking, when it comes to any type of immigration appeal or hearing, whether it is before the Federal Court or the Immigration and Refugee Board, lawyers are much better equipped to represent clients due to their more in-depth legal training.
7.
*Understanding the difference between a “Consultant” and an “Agent”*- ICCRC, the body that licenses consultants allows consultants to further hire Agents, who have to added to the register with ICCRC. There agents can only provide marketing and administrative services for a Consultant. But many of there Agents are providing legal services, which is illegal. To read more on what an agent can do and cannot do see -
https://goo.gl/RDD9qU
8.
*Information sharing on websites and keeping your personal information safe*– Canada has one of the worlds most strict Privacy laws (The Personal Information Protection and Electronic Documents Act (PIPEDA)). These Privacy laws apply on the government as well on any private entity handling personal information of any individual. However, the Canadian laws can only be enforced on entities in Canada. Canadian Privacy laws cannot be enforced on entities outside Canada. (See
https://goo.gl/rcpKFH). Always make sure that any website you are dealing with which asks for your personal information, is in Canada and compliant with PIPEDA.
9.
*GCMS Notes* - The GCMS notes are confidential documents, and have been classified as “Protected B” (Applies to information or assets that, if compromised, could cause injury to an individual, organization or government.) (
https://www.tpsgc-pwgsc.gc.ca/esc-src/protection-safeguarding/niveaux-levels-eng.html). Do not share your GCMS notes online. When sharing screen shots, make sure that you retract your personal information from them. Safeguarding your personal information is your responsibility. (
https://goo.gl/FbrYLA)
All the best!