Unauthorized Representatives: Impacts on your Canadian Visa

In the last few months, we’ve seen a lot of bans placed on individuals and groups based on varied reasons. One of such concerning and avoidable occurrences is the use of unauthorised representatives for Canadian Visa applications.

What Constitutes Representation?

Representation simply means allowing or giving a third party access to your application. This person could be family, a friend, an organisation or anybody other than yourself. Basically, allowing someone to provide assistance, advice, submit and/or communicate with the Canadian immigration or authorities on your behalf during your application process.

Is Representation Allowed?

Yes, representation is permitted; however, it must be declared. Failure to do so could lead to a refusal or inadmissibility (ban for many years from applying for a Canadian visa or permit, or any status document).

Should I pay my Representative?

Section 91 of the Immigration and Refugee Protection Act (IRPA) outlines specific people who are authorised to provide representation for a fee. These people include;

a member (Regulated Canadian Immigration Consultants – RCICs) in good standing of the College of Immigration and Citizenship Consultants (CICC);

a Lawyer who is a member in good standing of a law society of a province in Canada, or a notary who is a member in good standing of the Chambre des notaires du Québec, Canada;

any other member in good standing of a law society of a province in Canada or the Chambre des notaires du Québec, including a paralegal.

Anybody other than the persons listed above CANNOT provide representation for a fee and are considered unauthorised as their representation violates the IRPA.

If I pay an unauthorised representative to assist with my application, what happens?

Since this is a violation of Canadian law, you could be found inadmissible to Canada through a ban as you have misrepresented information under section 40 of the IRPA. This is a serious consequence that can affect your ability or your family’s ability to travel or immigrate to Canada and potentially other countries.

The Divide

In Ghana, travel operators, including travel agencies and travel trade enterprises (tour operators, travel agencies, car rental operators, tour guides, charter flight inclusive and site guides) are known to provide travel and/or tour services under the Tourism Act, 2011 (ACT 817). However, the ACT does not clearly outline the individual activities these different agents or enterprises must engage in.

In other words, their scope of practice is not individually or clearly defined under the ACT. Moreover, the ACT do not make specific reference(s) that allow these licensees or organisations to provide visa and immigration services.

Many individuals are unaware of the important distinction and scope of practice between Travel Agencies and Licensed Canadian Immigration Consulting firms or Authorised Representatives. Not many people intentionally misled immigration authorities, as they either misunderstood the Canadian immigration law or used shortcuts to “get the job done” by seeking help from unqualified representatives who might have assisted others and secured a few approvals.

Although travel and tour companies may be duly registered in Ghana and allowed to provide travel services, consultants providing Canadian immigration services must comply with the Canadian law, including obtaining the requisite education, license and being members in good standing with the College of Immigration and Citizenship Consultants (CICC) or a Lawyer licensed in Canada or the Law Society of Canada.

Way To Go

While travel agencies in Ghana play an important role in the tourism sector, they are NOT authorised to handle Canadian immigration matters. Making a decision to visit, Work, Study or immigrate to Canada is critical and life-changing. Dealing with unauthorised individuals or Firms can jeopardise your future as the consequences are severe and devastating.

Working with a Licensed Canadian Immigration Consultant makes the difference. They are trained and legally authorised by Canada to support your Canadian immigration goal(s). Prevent costly mistakes and make the right choice by verifying your consultant or firm on the CICC website (Licensed Canadian Immigration Consultant) or contact them.