bawaiis said:
Thank you rjessome for your valuable information. I did not know about this. But, if an applicant, on his own, contacts a Canadian employer gets an offer letter along with LMO/AEO/PNP approval, OR if any applicant is eligible to apply under FSW (29 categories) program, but is unable to prepare his file, fill up forms etc and comes to agents like us to get his/her file prepared by us, then how are we going to get remunerated. In both the above cases, there is no involvement of any immigration lawyer or CSIC member.
You have to understand that hiring an AUTHORIZED representative is about PROTECTING the client. If an UNauthorized agent completes the forms incorrectly, there is NO recourse for the client. There is no method of complaint or discipline or getting the money they paid for service back. There is no way of protecting the public so that others are not victims of an agent that is not trained in immigration law nor regulated by a Society. Authorized representatives carry errors and ommissions insurance to help compensate a client who's representative did not represent them correctly (ethically and legally).
bawaiis said:
Fine, that is applicable to the registered members/immigration lawyers. What if the applicant finds the services charges of these people high (FYI, the fees for registered members ranges from $2000 - $4000 to execute the federal process)? The offshore agents like us charge anywhere between $500 - $2000 to execute the same work. The reason other than low fees comparatively such applicants prefer services by agents like us is we are local. The client can reach us personally every now and then to clear the queries pertaining to their documents, forms, photos etc. We fill up forms in presence of applicants and their family members and get their signatures. Even if the client lives in other city/region, we visit them personally and help them prepare their documents, attestations, affidavits from court etc, form filling and signature. The same is not possible in case the applicant hires onshore registered consultants/lawyers. All advise/guidance/instructions are given through emails/phones which the applicant may not find convenient. Not all clients are smart to prepare their file by taking instructions through emails/phones. I know how inconvenient it is and how the process is delayed in cases where the applicant and consultant both are overseas. My ex-Canadian employer's success ratio was 98%. The reason was I was there to take care of entire federal process for whole over Asia from here. At times I even visited overseas in case of bulk clients and prepare their file staying there 3-4 days.
Now let's talk the other side. Suppose if the applicant approaches the registered members/lawyers in Canada to get his federal process done through him/her by accepting to pay his/her fee, say $2000. Now the same registered member/lawyer has his/her authorized representative in the same city/region/country and he/she directs the applicant to coordinate with his/her the representative and he/she on the other side directs the representative to take care of process. Now, the representative starts working on the applicant's file by carrying all work as mentioned above and what he gets as his remuneration from the registered lawyers/members? 10% - 20% of the fees paid by the applicant that is, $200 - $400. Would you work for such a small amount? You know the process does not finish in a day. It takes 8-15 days to complete the file. Plus the other expenses.
See crows are black everywhere. If someone is sitting in Canada doesn't mean he/she is 100% honest. Suppose if an applicant hires registered consultant/lawyer for his federal process and if there is any miscommunication, incomplete document, or the client is unaware of where to get a particular legal document obtained from which either results into delay in process or file being rejected. Is the registered consultant going to pay him back? The client is losing $2000 - $4000 and is not getting any outcome. The registered consultant/lawyer will raise his arms saying, the client failed to provide him so and so documents otherwise he has done his job. What job? Incomplete file submission? Here CIC won't say anything but they have restriction on agents like us who charge from the clients by working hard and giving them 100% and charging from the clients only if the client is successfully granted visa. On one hand they say only PAID representative can charge and on the other hand they say they DO NOT encourage to apply through the registered representative.
You know, it sounds like the biggest complaint that you have with the consultant or lawyer you were working with is that you feel you were not paid fairly for the services you provided. Fair enough. Find another one that is honest and will pay more for your services. You mention 10 to 20%. I know consultants and lawyers that pay 40 to 50% to their agents. An agent should receive training and guidance from their principal (lawyer/consultant) and this pairing should act as a team for the client. This kind of team (when they are knowledgable and honest) is a HUGE asset to a client. I'm not discounting the value of a good agent! However, YOU, acting alone, cannot be held professionally liable for any mistake that is made on a file! You are also not trained to deal with other things that can and DO come up in immigration applications. What if their are inadmissibility issues? ARC? Rehab? etc., etc. Do you know how to handle this? You weren't even aware of the misrepresentation that I described earlier. What if CIC makes an error on a file? It happens! You would not be authorized to request reconsideration from the Program Manager or NHQ. Would you know how?
It's easy to justify using an unauthorized agent over a consultant or lawyer when the application looks easy. But what about when there are difficulties that arise that you are not trained to recognize or to handle? What is the client supposed to do then?
Look, a client MUST take responsibility for their application whether they work with agents/consultants/lawyers or not. If a client does not respond to their representative to provide information that is requested, who is at fault? Are you saying that it's your fault if you ask for something over and over again from a client and they don't provide it? No, it isn't. It HAS to be a team effort with the client 100% invested in the success of the application. If they are not, the application will be refused, no matter who represents them. So using your example does not wash with me. Any client who expects that they don't have to do any work in this process is crazy and there is no excuse for them. And YES, they may get their money back! Retainer agreements (contracts) signed by the client and representative outline payment for work done on a file. If the work is NOT done, the client should get their money back! Again, if there is an issue with that, the client has a mechanisim of complaint against an AUTHORIZED representative and a way of getting their money back. They have NO recourse with an unauthorized agent.
I'm always leary of anyone, authorized or not, who gives a 100% guarantee in immigration. That is simply impossible. I don't know why people continue to believe that. So buyer beware.
Yes, no one has to hire a representative of any kind for application to CIC. And just to correct you, what CIC says is that hiring a representative will not guarantee success of an application nor speed up the process. CIC does NOT say it discourages an applicant from hiring a representative. You know what causes delays and often refusals in immigration applications? Incorrect preparation! Not understanding the requirements and leaving things out! Making mistakes! I don't have to hire someone to do my tax return either but I do because I know nothing about tax law and I don't want to nor do I have the time to learn it! But millions of people prepare them on their own and that's fine too. It is the client's CHOICE, the same with immigration. If a client is confident that they can adequately prepare a successful application on their own, they should DO IT! Nobody is saying that they should hire anyone if they don't want to or need to.
I know that being authorized does not guarantee honesty either. There's nothing I can say about that. But at least, if a client CHOOSES to hire a representative, they have some measure of protection, complaint and getting their money back if the representative is authorized and registered with a governing body. If they hire a bad agent, they have nothing. What would you choose?
