Working with an Immigration Professional

Overview

This guide provides informational content about engaging with immigration professionals in Canada. Immigration professionals may provide valuable assistance with applications, proceedings, and immigration-related advice. This information is general in nature and not legal advice.

In Canada, immigration legal services may be provided by two types of professionals: immigration lawyers and Registered Immigration Consultants (RCICs). Understanding the difference between these professionals, when to engage them, and how to work effectively with them may help applicants navigate complex immigration processes.

Types of Professionals

Two types of regulated professionals may provide immigration legal services in Canada:

• Immigration Lawyers: Lawyers licensed to practice in Canada and who hold law degrees may provide immigration legal services. They may represent clients before the Immigration and Refugee Board, conduct applications, and provide legal advice. Lawyers are regulated by provincial law societies and are bound by professional conduct rules and privilege protections.
• Registered Immigration Consultants (RCICs): RCICs are regulated by the College of Immigration and Citizenship Consultants (CICC, formerly ICCRC). RCICs may provide immigration advice, prepare applications, and conduct certain representation before immigration authorities. RCIC requirements include formal education, experience, passing qualifying examinations, and adherence to a professional code of conduct.

Both lawyers and RCICs must comply with codes of professional conduct, maintain confidentiality, and keep client funds in trust accounts. In some provinces, paralegals may work under lawyer supervision to provide certain services.

When to Engage a Professional

A person may consider engaging an immigration professional in several circumstances:

• Complex Applications: Applications with complex family situations, extensive work history, or multiple previous applications
• Refusals or Denials: After receiving a refusal decision, a professional may help determine available options for appeal or reconsideration
• Immigration Proceedings: For Immigration and Refugee Board hearings, deportation proceedings, or removal order appeals
• Appeals: When appealing a negative immigration decision to the Immigration Appeal Division or other review body
• Medical or Security Concerns: When facing medical inadmissibility or security-related concerns in an application
• Sponsorship Matters: For family sponsorship applications and family class processing
• Business Immigration: For work permit applications, self-employment situations, and business immigration programs

A person may also engage a professional for immigration advice to understand their options before submitting an application.

Finding Representation

When seeking an immigration professional, a person may consider:

• Law Society Directories: Check your provincial law society website for a directory of licensed immigration lawyers
• CICC Registry: Visit the College of Immigration and Citizenship Consultants website to verify RCIC credentials and find registered consultants
• Legal Aid Services: Many provinces offer legal aid for eligible applicants who cannot afford private counsel
• Community Organizations: Many immigrant-serving organizations provide referrals to qualified professionals or offer free/low-cost consultations
• Professional Associations: Organizations like the Canadian Association of Immigration Lawyers (CAIL) maintain member directories
• References and Recommendations: Ask for recommendations from friends, family, or community organizations

Before engaging a professional, a person may ask about their qualifications, experience with similar cases, fees, and how they will communicate about the case.

Working Relationship

Establishing an effective working relationship with an immigration professional is important:

• Communication: Maintain regular communication with the professional and promptly provide requested information
• Honesty and Disclosure: Provide complete and honest information about your circumstances, including any matters that may affect your application
• Document Organization: Organize and submit documents in the format requested by the professional
• Fee Agreements: Understand the fee structure, payment terms, and any potential additional costs
• Confidentiality: Information shared with a lawyer or RCIC is generally confidential (lawyers have solicitor-client privilege protection)
• Expectations: Discuss realistic expectations about outcomes, timelines, and the professional's role in your case
• Decision-Making: Understand that immigration decisions are ultimately made by immigration officers and the client retains decision-making authority in their case

If you are unhappy with your professional's services, you may discuss concerns with them or file a complaint with the relevant regulatory body.