Prashant Ajmera

Prashant Ajmera & Associates
185 Braebrook Ave., Pointe Claire QC H9R 1V4 Canada 
Tel: (514) 697 1597; Fax: (514) 697 9279 E-mail: pajmera@canadaimmigrationvisa.com

www.canadaimmigrationvisa.com

Only licensed persons can practice as a Canadian Immigration Consultants

In 2002, the Minister of Citizenship and Immigration Canada created an Advisory Committee to identify the various problems within the immigration consulting industry. The committee’s job was to report back and propose recommendations on how to regulate and improve the industry.

These findings, coupled with the Committee’s recommendations, eventually resulted in the creation of the Canadian Society of Immigration Consultants (CSIC) – an independent and self-regulating body for immigration consultants who are members and who charge a fee for their services.

As part of the proposed April 2004 amendments to the Immigration and Refugee Protection Regulations, all practicing immigration consultants in Canada will be required to be members in good standing with either the Canadian Society of Immigration Consultants, a provincial or territorial bar association or the Chambre des Notaires du Québec in order to participate in new matters before Citizenship and Immigration Canada (CIC), the Immigration and Refugee Board (IRB) and the Canadian Border Services Agency (CBSA). After 1^st April 2004, these three government agencies will only conduct business on new matters with immigration consultants who are members in good standing of one of the three groups mentioned above.

On 21^st January 2004, the CSIC, through their website, invited applications from people and professionals who are practicing and/or are interested in practicing as an immigration consultant for membership. More than 1400 existing immigration consultants expressed their interest in obtaining a license and certification from the CSIC. The criteria stipulated by the society for obtaining a license as an Immigration Consultant are as follows. 

Knowledge and Experience:

An applicant must meet at least one of the following conditions:

• One year of full-time work experience within the last five years representing clients either before Citizenship and Immigration Canada (CIC) and/or the Immigration and Refugee Board (RB), or working for CIC and/or the IRB in a capacity involving pre-screening, selection or final decisions on applications, claims and/or appeals; or
• ten cases filed before CIC and/or the IRB since June 28, 2002; or
• graduated, post 2002, from the Immigration and Practitioner Certificate program offered by Seneca College/University of British Columbia. If the applicant graduated before 2002, he or she must have completed the IRPA update course offered by Seneca College/University of British Columbia.

All applicants must also successfully pass a mandatory test that comprises of –

• Ethics test
• Knowledge test

Applicants are also required to provide a Good Character Certificate and must have the necessary professional insurance.

In February & March 2004, the CSIC conducted several exams across Canada to admit members and issue licenses to existing immigration consultants. 

Immigration consultants who have filed applications for their clients before 1^st April 2004 will be allowed to represent their clients before the Canadian immigration authorities for the next three years. However, immigration consultants who are not licensed by the CSIC will not be allowed to file new applications on behalf of their clients after 1^st April 2004.

This new licensing requirement puts Canada in line with UK, Australia and New Zealand, countries that have introduced immigration licensing requirements long time ago. However, unlike Australia, Canadian lawyers are not required to take any licensing exams or become members of the CSIC if they wish to practice in the field of immigration.

Some critics of this new requirement have suggested that Canadian lawyers should also be required to apply for a CSIC license since Canadian law degree curriculums do not teach law students about Canadian immigration laws. Canadian lawyers who are currently practicing immigration law have gained knowledge about Canadian immigration laws either through self-study or by working in immigration law offices at the onset of their careers. This leads to the possibility of poor representation of the client by lawyers who are not properly trained or whose knowledge about Canadian immigration law has not been tested by a recognized authority. 

In any case, this new licensing requirement for immigration consultants will prove to be beneficial to applicants who are looking into the possibility of hiring immigration consultants to represent their case before the Canadian immigration authorities since now they will be in a better position to choose a reliable consultant who will be answerable to a government recognized autonomous body.  

Note: The author has passed his CSIC licensing exams in February 2004. He was amongst the first batch of candidates who took this exam.

For More  Information about Canada immigration Please Contact : 
Prashant Ajmera & Associates
185 Braebrook Ave., Pointe Claire QC H9R 1V4 Canada 
Tel: (514) 697 1597; Fax: (514) 697 9279 E-mail: pajmera@canadaimmigrationvisa.com