Risks of Using an Unlicensed Agent
Using an unlicensed immigration agent and paying that agent to complete your Canadian immigration application comes with many risks. One of those risks is that your application may be refused outright, but even more important is the risk that you yourself may end up being barred from ever applying to enter Canada for a period of at least 5 years due to misrepresentation.
Licensed Representatives Are Required
In Canada, the immigration authorities only allow licensed representatives to submit immigration applications for which they are compensated on behalf of others. So, in essence, you can have a family member, friend, or somebody else submit an application on your behalf, provided that person isn’t being paid to do so.
The Use of Representative Form
If you’re having someone else complete your application, whether they are paid or not, you are required to submit a Use of Representative form. On that form, you’d indicate if you have an uncompensated person, such as a family member or friend, submitting on your behalf, and you must clearly state that they are not being compensated. Failure to indicate this properly will lead to issues.
Alternatively, you have the option of hiring a paid immigration lawyer or consultant to complete the application. In those circumstances, the representative—whether it’s the lawyer or consultant—needs to have their name and Law Society number included on the Use of Representative form, which will be submitted along with the remainder of the application.
The Consequences of Using Unlicensed Agents
If you choose to use a representative to submit your application and that representative is compensated but unlicensed, you are putting yourself at risk of more than just having the application refused. You also risk being found to have misrepresented.
The penalty for misrepresentation in Canada is an automatic 5-year bar, and this misrepresentation remains on your record, making it increasingly difficult for you to successfully apply to come to Canada, even after the 5-year bar has passed.
Procedural Fairness Letters
We’ve had firsthand experience with individuals who came to us after having an unlicensed paid representative complete their application. In some cases, IRCC, the immigration authorities, came back with a letter advising the applicant that they are aware the person who completed the application was not licensed or registered.
At that point, the individual is given an opportunity to explain why this person submitted the application. Failing to provide an adequate explanation can result in being found guilty of misrepresentation. This letter is typically referred to as a “procedural fairness letter,” and it is usually issued when immigration authorities are close to refusing the application and making a decision that could have long-term harmful effects.
It’s critical to ensure that when paying someone to file an application on your behalf, that person is licensed by the Canadian immigration authorities.
Conclusion
Navigating the complexities of Canadian immigration can be daunting, especially when it comes to choosing the right representative. The risks associated with using an unlicensed immigration agent can lead to severe consequences, including application refusals and long-term bans due to misrepresentation. It is essential to understand the requirements, such as the Use of Representative form, and to ensure that any representative you engage is properly licensed. By being informed and cautious, you can safeguard your immigration prospects and enhance your chances of success in your application process.
