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Author Topic: New Canadian regulations for immigration representatives  (Read 508 times)
Nyamweya Osoro
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New Canadian regulations for immigration representatives
« on: May 25, 2006, 01:47:49 PM »

Over two years ago (April 13, 2004— http://www.cic.gc.ca/english/press/04/0407-pre.html), the then Canadian Minister of Citizenship and Immigration, Judy Sgro, and the Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness, Anne McLellan, announced new regulations that stipulate that the Government of Canada will only recognize a paid immigration representative who is a member of a self-regulating association.

“It is no secret that some individuals prey upon people who wish to come to Canada, by providing bad information and poor advice, and charging exorbitant fees,” Minister Sgro had said. Consequently, the new regulations were meant to ensure that everyone will have access to accredited, qualified and ethical representation, the minister had contended. Under the new regulations, only lawyers, members of the Chambre des notaires du Québec or members of the Canadian Society of Immigration Consultants (“CSIC” or the “Society”) may act for a fee in immigration matters before the Minister of Citizenship and Immigration, an officer or the Immigration and Refugee Board. However, no one is obliged by the Government of Canada to have a representative. Furthermore, the regulations do not apply to friends, family members or organizations that do not charge a fee for providing advice and services.

What is interesting is that through this regulation, Canada formalized a system where non-lawyers could be paid to give advice on immigration matters, if they are members of CSIC (http://www.csic-scci.ca/indexE.html). Created in fall of 2003 as an independent, not-for-profit organization, the Society operates at arms length from the Government. The affairs of the Society are managed by a Board consisting of a minimum of nine Directors.

The Society is responsible for regulating the activities of immigration representatives (also called immigration consultants) who are members and who provide immigration advice for a fee. The Society grants memberships to only those individuals who have demonstrated their knowledge and ability to advise, consult and represent people who wish to seek Canadian immigration, have passed the Society's Knowledge and Ethics Test and have demonstrated their good character. The society also publishes a list of all of its members that are in good standing (see https://www.csic-scci.ca/eIS_Reports/Clients/CSIC/ExtranetWebForms/CSICMembershipList.aspx?lang=E&Rpt=MemberList).

Having gone through the process of immigrating to Canada, more of those in Diaspora should consider being immigration consultants as one of their viable career choices. Especially, if becoming immigration lawyers is not possible.
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