There is no guarantee in immigration to Canada
Problems facing applicants
Making a decision to immigrate is not an easy one, especially considering how one needs to juggle large amounts of information from finding the right destination to the landing stage. For those that make a decision to move to Canada, they should make sure they take the right steps to avoid mishaps along the way.
Majority of Canada’s immigrant population come from countries where English is not the first language, therefore they don’t necessarily understand the details involved in the application process. They also do not have a clear perception of what services they are supposed to receive from immigration professionals involved, including lawyers and consultants. They usually either don’t receive enough information about their application process and eligibility situation, or they are misinformed once they commence their journey to Canadian residency.
Lack of transparency usually makes clients susceptible to fraud, and in a large number of cases they endure life-changing financial and emotional damages, including deportation and losing their chance of fulfilling their dream of becoming a Canadian Citizen. The increasing number of legal immigration cases in Canada equally increases the number of applicants seeking transparency and access to accurate information to better decide what immigration route to take.
Each year, thousands of individuals apply to come to Canada under different programs and visas. These individuals are often oblivious about their rights and responsibilities at the time they enter into a contract with an immigration consultant or agency. Despite regulations enforced by the Immigration Consultants of Canada Regulatory Council – ICCRC-CRCIC , a great number of individuals practice immigration consultancy without license, inside or outside Canada. Furthermore, a large number of immigration consultants that operate with ICCRC’s license, do so without following the regulations of the Council and take advantage of their clients by not providing them authentic information, or misinforming them about the process.
Lastly, clients that require retaining a lawyer to represent them for a hearing before the Immigration and Refugee Board or Federal Courts, struggle to communicate the facts to their representative due to language barriers. As a result, they either decide not to pursue their case or if they do pursue, they won’t be able to communicate important information to their counsel and lower their chances of success. This problem stems mostly from the fact that a large number of litigators practicing immigration laws mostly communicate in English.
There is no guarantee
One of the most misleading types of messaging used by some immigration service providers is the use of the word “guarantee”. In some instances, there are implications made that one specific consultant has the power and connections to obtain visas. Phrases such as “I brought him to Canada,” “I will bring you to Canada,” “I spoke to the officer about your case,” “I will get you a visa,” or “I guarantee to get you a visa”, are used commonly by some consultants to convince potential clients to retain them. What many clients are not aware of is that implication of guaranteeing successful results for applications is both illegal and unethical.
Under no circumstances, and in any step of the immigration process, including initial application and litigation, the results can be guaranteed. Moreover, immigration consultants cannot negotiate the terms of a case with officers authorized under the Ministry of Immigration and Citizenship.
Legal professionals, lawyers and consultants, must clarify to their clients the fact that they solely provide legal services and no one can foresee or guarantee the result. The final decision is made by the individuals that have the authority by the legislators to do so. Therefore, the decision making step is outside the boundaries of client-representative relationships.
Looking at it logically, if someone has the power to influence decisions, they wouldn’t go through all the hassle of processing an application. As a matter of fact, honest, well-experienced and ethical legal professionals, always make it clear to the client that their role is solely providing services, not making, influencing or guaranteeing decisions.
How to avoid being scammed?
There are service providers that falsely present themselves as legitimate despite lack of proper authorization from the ICCRC (Immigration Consultants of Canada Regulatory Council).
There are ways you can avoid dealing with illegitimate service providers, but two of the most important steps are making sure the lawyer/consultant is authorized to provide those services, and to sing a retainer agreement.
Before you retain a consultant, please make sure that they are authorized as immigration consultants under ICCRC or licenced lawyers under the Law Society of the province at which they practice. You can find a Regulated Canadian Immigration Consultant(RCICs) or Regulated International Student Immigration Advisor (RISIAs) at the Public Register Website . You can search the service provider by first or last name, company name, and geographic location. If you cannot find the name of the consultant in this directory, the chances of that person not being licenced is quite high.
You should always make sure to sign a retainer agreement: a contract that sets out the details such as consultant/lawyer’s agreed services, fees and rules and restrictions. The two people signing the contract must be you and the lawyer/consultant who will be delivering services.
Exilex guarantees high quality service
At Exilex, we rely on our expertise and experience. We don’t guarantee to obtain visas, but we guarantee that you will get the best service you can get. Our track record of successful applications is a result of our customized solutions based on our clients’ unique needs and abilities. We offer you the best path that works for you. That said, we emphasize that even the best applications get rejected. When it comes to setting expectations, regardless of the strength of a case, the chance of getting positive results in every case is only 50%. If someone told you otherwise, think twice, because we assure you that you are being misled.