Every year, thousands of applicants across the world fall victim to unscrupulous and unauthorized immigration consultants and agents. These purported agents are neither authorized to provide any kind of advice nor represent you. These immigration frauds are very rampant in India and result in hundreds of immigration applications being banned for a period of 5 years on count of misrepresentation of information or documentation. The most common modus operandi involves these agents showing themselves as Unpaid/family or friend representative.
It is sad that ignorant people give their hard earned money to agencies and consultancies who aren’t even Canadian Permanent Residents / Canadian Citizens. Why would you trust someone to handle your application for Canadian PR who doesn’t have status in Canada?
Don’t trust consultancies just by a few successful cases and being in the industry for several years with no ICCRC regulated agent or Canadian immigration lawyers for something as important as your application for Canadian Permanent Residence.
ADVISORY – Immigration into Canada
Consulate General of India Toronto
Immigration fraud is a serious crime and can take many forms. Immigration fraud carries severe penalties in both India and Canada, including criminal prosecution. Those indulging in such fraud stand the risk of losing their passport and visa privileges, being deported, being arrested, and being prosecuted under the applicable laws.
Immigration fraud can put you, your family, and friends in danger of physical harm, violence, and exploitation, apart from suffering severe financial loss.
Some basic common-sense precautions can reduce the risk of becoming a victim of immigration fraud and scams:
->It is in your best interest to avoid all intermediaries, touts, consultants, agents, etc., filling all forms and processing the documentation yourself to avoid being defrauded. Also, please avoid using any unsolicited persons who offer their services to help you with immigration.
->Do check the credentials of any immigration consultant you plan to engage. If they do not have a good standing, you should not use their services.
->Always ask the consultants for their credentials and membership of stipulated boards/organizations. Most law societies let you check online to see if a person/ agency is a member in good standing. Please do not use or engage any consultant or lawyer with a dubious record or provide incomplete/partial information about their standing.
->Perform due diligence and make sure you are communicating with the actual representative before engaging their services.
->Do not involve any unverified middlemen in your dealings with such consultants.
Beware of people posing as Government staff who offer help in immigration/ obtaining visas.
->Do not engage with suspicious websites/phone calls.
->Students should remain vary of any unverified persons/organizations offering student visas on payment of money. Credentials o[censored]niversities/colleges you wish to join must be checked for authenticity.
->Mock job recruiters and fake immigration consultants engage in schemes and set up scams to entice immigrants. If an offer is too good to be true, it probably is. Be careful about unsolicited job offers, and treat them as scams/ frauds. This list has tips on how to avoid immigration scams. For example:
Guaranteed work permits
Free scholarships
Free air tickets and accommodation
Guaranteed employment
->No one can guarantee you a job or a visa to Canada. Any person or agency making such a claim is likely fraudulent. You should never reveal personal information or send any money to such persons.
->Do not hand over your passport, travel tickets, or other important documents to any person. Do not share information, especially your credit card numbers or pins, with anyone.
->Avoid High Pressure Sales Tactics: Fake consultants may use high-pressure sales tactics to get you to sign up quickly. Take your time to make an informed decision. One should not let be brainwashed to make hasty decisions by sweet and peppy talks of caring and concerning salesperson.
->High Commission and Consulate staff will NEVER ask you to deposit money into a personal bank account or ask you to transfer money through a private money transfer service or gift cards or offer special deals to people who want to immigrate. Nor will they contact you through private email services, such as Hotmail, Gmail, Yahoo, or social media.
->Remember you are solely responsible for all the information in your application, even if your representative completes it for you. Any wrong information provided by the agent could result in refusal or a 5 year misrepresentation ban. You cannot claim that you were unaware of the incorrect information
->Beware of the representatives who advertise their services as free and later ask you to pay a fee.
->Also remember that there are thousands of educational agents who can help international students procure admission and obtain letter of acceptance (LOA) on their behalf. However, these agents CANNOT help you in preparing your student visa application or represent you before the authorities.
->If you’re looking to immigrate to Canada, it’s important to work with a qualified and experienced authorized representative. Unfortunately, there are many unauthorized consultants out there who prey on unsuspecting immigrants.
->It’s no secret that Canada has a problem with ghost consultants. These are individuals or groups who pose as immigration experts but don’t actually have the experience or qualifications to offer sound advice.
->Ghost consultants pose as immigration experts, but often prey on vulnerable people and charge them high fees for services that are either not necessary or could do more harm than good. They may have a posh office and good at marketing but they aim at your pockets.
->These fraudulent visa agents/consultancies are everywhere, with no license and have no measure for accountability as well and charge unreasonably, while misinformed and unaware Indians fall for this.
->Unauthorized agents cannot be regulated, penalized or disciplined by any authority. Hence, they bear minimum responsibility or accountability towards your application.
->People who are not an authorized representative described in section 91(2) of the IRPA, contravening the IRPA and the Regulations as an “unauthorized” or “shadow” immigration consultant (a “ghost” consultant) offering services for a fee and, as such, may now be prosecuted under section 91(9) of the IRPA.
->Get quotes from several different consultants before making a decision. Don’t be afraid to ask for references.
CANADA WARNS AGAINST IMMIGRATION AGENTS IN INDIA
Fraudsters drag tens of thousands of Indians into immigration and job scams. Many people who are desperate to live or work in Canada easily fall prey to unauthorized consultants. There has been an unprecedented mushrooming of immigration agencies in India wherein fake immigration consultants deceive many of their hard-earned money. Most agencies pretend to be authorized by Canadian authorities and charge lakhs of rupees for bad or wrong advice. Most perilously, some agencies offer fake jobs and steal huge money unscrupulously. The alarming rise in the number of reported scams and unauthorized consultancies can be for two reasons. Firstly, the services of licensed Canadian legal professionals are not easily available in India. Secondly, there is no proper legal framework in India to regulate immigration consultancy services.
In India, there is no proper legal framework to regulate foreign immigration. No licensing procedure has yet been laid down for setting up such consultancies. Anyone, however under-educated and ill-experienced one may be, can start immigration consultancy in India. Law societies in each country regulate foreign immigration law practice. According to Canadian law, only Canadian legal professionals can apply for immigration on behalf of their clients. By law, a non-lawyer should be licensed by ICCRC after completing an immigration practitioner’s program. Indian lawyers, consultants and other agents are not authorized to submit immigration applications for their clients. Providing Canadian immigration services without a license for a fee or other consideration is an offence punishable by law.
An applicant can submit a visa application himself/herself. Unauthorized consultants misuse this provision. Since s/he is not authorized to file an application, s/he files applications using the email id created for clients and present the package as an applicant submits it. In this case, very clearly, an application is not represented by an authorized consultant or lawyer. The risk involved in such ghost consultancy is twofold. Firstly, the ghost consultants are not trained in preparing applications or consulting applicants. Ghost consultants give wrong advice, and many errors and false statements creep into the file. Not only the application gets spoiled and thus rejected, but the applicant will be held liable for the mistakes and misleading statements therein. IRCC doesn’t have jurisdiction to punish an unauthorized consultant in India. Hence, it punishes the applicant for the wrong and fraudulent statements a ghost consultant makes. Receiving advice or help from an unlicensed consultant is an offence, and an applicant will receive a ban for several years for approaching illegal consultants.
On the one hand, thousands of immigration applicants from India are getting looted by fraudulent agencies. And, on the other, these applicants receive bad or wrong immigration advice and their applications get damaged by the unauthorized consultants. Many innocent applicants lose their dream of immigrating to Canada when Canada bans them from submitting any further application. Even a licensed Canadian Immigration lawyer can save such applicants from an awkward situation.
Recently, Canada Government recognized the fact that unauthorized consultants and agents in India are undermining the public confidence in the Canadian Immigration system. As Canadian Immigration Department spokesperson Shannon Ker puts it: “As more Indian nationals choose to come to visit, study and work in Canada, more people are falling victim to unethical consultant practices. Many are spending their hard-earned dollars and, in some cases, their life savings on consultant services where they don’t even end up with a visa in the end”.
Canada Government responded very well, announcing an information campaign in India to warn prospective immigrants not to use immigration consultants and agents in India. Immigration Department realized that its regular caution notes against unauthorized consultants were not practical, and it announced its first paid media campaign. The campaign aims at educating people in India about the advantages of hiring licensed legal professionals and about the dangers o[censored]sing unauthorized consultants.
Indians constitute a vast majority of migrants to Canada. It includes skilled labours, students and professionals. However, despite many government cautions, Indians remain the biggest victims o[censored]nethical consultants and job scammers. Unauthorized consultants are the primary reason why a large proportion of applicants from India are not successful in obtaining a visa. The high rejection rate of visa applications is disheartening for applicants from India. The Immigration Department hopes that the paid- advertisement campaign in India, through newspapers, radio, and social media platforms, will have the intended result in making applicants aware of the dangers involved in using unauthorized consultants.
The candidates must be aware that only licensed legal professionals and licenced consultants can offer immigration consultancy services. The assistance of a licensed immigration lawyer will aid you in obtaining a visa without any troubles. They will also protect you from ghost consultants and job scammers.
Always engage licensed Canadian immigration lawyers to apply for migrating to Canada.
A representative is someone who may give you advice about immigration options, choose your immigration program, make your applications, submit your application, even discuss your application with the government. A representative may offer these services for free or for a fee.
Representatives are classified into two main categories: unpaid representatives and authorized paid representatives.
If your representative is offering any immigration service for free they are considered an unpaid representative by the Government of Canada. Typically unpaid representatives are your friends, family members, or members of a religious organization who are helping you.
If you are being charged a fee for any kind of immigration help then your representative is considered a paid representative. According to the government of Canada all paid representatives must be authorized. Canada has specific requirements to be considered an authorized paid representative. Anyone charging you a fee or receiving any other type of payment should be an authorized representative. Only the following can be authorized representatives:
->Lawyers and paralegals who are members in good standing of a Canadian provincial or territorial law society
->Notaries who are members in good standing of the Chambre des notaires du Québecand
->Citizenship or immigration consultants who are members in good standing of the Immigration Consultants of Canada Regulatory Council(ICCRC)
So if you have hired someone to provide immigration services you should find out if they are governed by any of these three groups.
Only an authorized Immigration and citizenship representative can :
->explain and give advice on your immigration or citizenship options
->help you choose the best immigration program for you
->fill out and submit your immigration or citizenship application
->communicate with the Government of Canada on your behalf
->represent you in an immigration or citizenship application or hearing
->advertise that they can give immigration or citizenship advice
An unauthorized paid representative is a person who is charging you for immigration services which may include: offering you advice, choosing an immigration program for you, helping with application preparation, application submission, or answer government inquiries on your behalf, or act as you when dealing with the government of Canada.These are people or agencies that are not properly regulated or licensed.
Unpaid representatives and paid authorized representatives can handle your immigration or citizenship application for you only if you send a completed Use of a Representative form (IMM 5476) with your application. This form is for if you wish to appoint a representative (an immigration or citizenship consultant, lawyer, friend, family member, etc.) to provide advice, consultation, or guidance to you at any stage of the immigration or citizenship application process, or in an immigration or citizenship proceeding.
Immigration, Refugees and Citizenship Canada (IRCC) does not require you to use an immigration consultant or lawyer.
If you choose to be advised or represented by a paid consultant, IRCC has rules about who can legally do this. If you use a non-authorized or unauthorized paid consultant to make an application and it is revealed at any stage of your application to the authorities, your application may be returned to you or refused.
There are ways to help you differentiating authorized consultants from the illegal agents/consultants:
->An authorized representative will never make false promises as making these promises is against the Canadian regulations.
->Ask them to fill the Use of a Representative form (IMM5476) and ask for a copy to include with you application and a copy for your records.
->An authorized paid representative uses the Authorized Paid Representatives Portal to prepare, submit, link and pay for online applications on behalf of clients. On the other hand an illegal agent, in Canada or abroad, usually creates a fake email address and apply pretending to be you which again could be a ground for misrepresentation.
->Some of them approach you with pretexting of getting you a job that does not exist.
->Some of them claim to be licensed by the Government of India despite the fact that the Government of India does not have any formal licensing process or body.Immigration and Refugee Protection Act and Canadian Citizenship Act make it illegal to directly or indirectly represent or advise a person on Canadian immigration matters unless they are authorized by Canadian law regardless of the country of residence. For example, if someone is sitting in India, China or the Philippines, they still need to be authorized by the Canadian immigration law. This includes study visa, work visa, express entry, PR application, tourist visa etc.
->If you use an unauthorized representative, in Canada or abroad, the Canada immigration depratment may return your application or refuse it.
->Avoid agents and agencies offering a job guarantee: Tempting job offers and placement guarantees overseas are sure entrapments to squeeze money out of customers. Avoiding such agents is very important.
Case studies:
1)Ge v. Canada (Citizenship and Immigration), 2017 FC 594
These applications challenge decisions of immigration officer Cath Conde [the Officer] of the Consulate General of Canada in Hong Kong, made in November 2015, denying the Applicants’ applications for permanent residence under the Federal Skilled Worker class. Broadly speaking, these denials were based on the Officer’s determination that the Applicants prepared and submitted their applications with the assistance of an unauthorized and undisclosed immigration representative and failed to be transparent about their relationship with that representative, contrary to requirements in the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA].
Prior to making the impugned decisions, the Officer sent each Applicant a procedural fairness letter, advising the Applicant that there were reasons to believe that he or she had used the services of an unauthorized immigration representative, but had not submitted a Use of Representative IMM 5476 form [IMM 5476 Form]. These letters communicated the Officer’s concerns that the Applicant had therefore not met the obligation under s. 16(1) of the IRPA to be truthful and provide documents reasonably required, and may be inadmissible under s. 40(1)(a) of the IRPA for misrepresentation. In the course of the litigation of these applications, the issues between the parties narrowed significantly, so that the position of the Respondent in defence of the Officer’s decision was that the Applicants, in responding to these procedural fairness letters, had failed to disclose the true nature of their relationship with their representative, and that this failure constitutes a material misrepresentation under s. 40(1)(a) of the IRPA.
The Officer found it was more than likely that the Applicants presented applications prepared and submitted by a hidden representative contrary to the requirements of the IRPA and that they further received application processing advice including advice on how to respond to CIC’s procedural fairness letter. Each decision letter issued by the Officer stated that this was material in that it could have induced an error in the administration of the IRPA by creating the incorrect impression that the Applicant was self–represented and could have caused CIC to communicate with a hidden and unauthorized representative. This misrepresentation meant that, from the outset, the application process had been compromised, because CIC was unable to determine if the information received on the application was genuine because it originated from an unknown third party. Therefore, it could have led an officer to be satisfied that the Applicant met the requirements of the IRPA even though he or she was hiding an unauthorized representative, raising concerns about the genuine nature of the information and supporting documents presented in the application.
Based on these conclusions, the Officer determined that each of the Applicants did not qualify for the issuance of a permanent resident visa to Canada and was inadmissible to Canada for a period of five years.
2)Brefo v. Canada (Citizenship and Immigration), 2020 FC 815
Esse India case concerns the decision of a visa officer of the High Commission of Canada in Ghana (the “Officer”) who refused the Applicant’s Temporary Resident Visa (“TRV”) application, upon the determination that the Applicant was inadmissible pursuant to subsection 40(1)(a) of the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”). The Officer also determined that the Applicant would not leave Canada at the end of her stay as a temporary resident based on the purpose of her visit, pursuant to subsection 179(b) of the Immigration and Refugee Protection Regulations, SOR/[protected]“IRPR”).
The Applicant is a citizen of Ghana who submitted a TRV application to visit her son. In May 2019, the Applicant received a procedural fairness letter (“the Fairness Letter”) from the Officer, requesting information on the Applicant’s use of an undeclared and unauthorized representative in her TRV application. In her response to the Fairness Letter, the Applicant denied the use of any such representative. The Officer found that the Applicant directly or indirectly misrepresented or withheld a material fact relating to a relevant matter that could have induced an error in the administration of the IRPA, as she failed to disclose the use of an undeclared and unauthorized representative in the preparation of her application.
On this application for judicial review, the Applicant submits that the Officer breached procedural fairness by failing to inform the Applicant of the case to be met in the Fairness Letter, and that the Officer erred in the inadmissibility determination.
On or around May 2, 2019, the Applicant received the Fairness Letter, by which she was advised that there were reasonable grounds to believe she had used the services of an unauthorized representative to facilitate the submission of her application. The Officer noted concerns that the Applicant had not fulfilled the requirements under s. 16(1) of the IRPA, which states a person must truthfully answer all questions put to them for the purposes of examination when they make an application. The Officer indicated that the Applicant’s application contained “evidence that it was facilitated by the same person or entity as many other applications received by [their] office, ” and expressed concerns that the Applicant had misrepresented information regarding the use of a representative.
In consideration of the application, the Applicant’s response to the Fairness Letter, and the available information, the Officer was satisfied that the Applicant used an undeclared and unauthorized representative in the course of her TRV application, contrary to s. 10(2) of the IRPR, and therefore misrepresented information. Furthermore, as the Applicant failed to provide truthful information regarding the use of a representative.
Subsections 91(1) and 91(2) of the IRPA state that only certain individuals who are in good standing with designated governing bodies are permitted to represent or advise a person in proceedings or applications for a fee.
3)Recent incident where fake admission letter causes deportation of 700 Indian students in Canada.
Each year thousands of people apply to Canada for the purpose of studying, working, travelling, visiting, or settling there. But when we compare the number of applicants applying for a Canada visa to the number of people getting visa approval the number is considerably lower.This is because of fake agents/consultants/firms acting out as genuine, legit and credible immigration advisors. Acting out with their honey trap schemes of helping you move to Canada. And eventually getting you a visa rejection, running away with your money or getting you convicted/deported in Canada.
Mr Brijesh Mishra, the mastermind behind the entire large-scale immigration fraud has been operating his dark schemes through his unlicensed immigration firm – Education Migration Services in Jalandhar, Punjab for the past 10 years. The motto that attracted young minds and their parents to him was the philosophy of ‘Visa First, Payment Later’.
Move to any nook and cranny of Punjab, and you shall find rows upon rows of immigration offices/set-ups, and people offering immigration advice without taking any money first. Education Migration Services is a fine example of such mal practises. Where people applied for a Canada student visa via illegal practises. And now face strong legal action from Canada against them.
IRCC investigated the basis on which these applicants had earlier received a study visa. And found the college admission letters to be fake.
But Mr Brijesh Mishra (Education Migration Services) smartly made all its clients sign their visa application files. And never once used his signature. To show that all 700 applicants were self-applicants. As a result, it now shows that these 700 Indian international students never hired the services of said immigration firm. And are now being convicted of forgery and face legal action for the same.
In addition, CBSA refuses to hear pleas that these students are innocent. Because the fake immigration agent smartly made all the applicants appear as self-applicants. As he was forging documents to get them visa approval.
As a result, technically one can not hold Mr Brijesh – Education Migration Services liable for the Canada education fraud.
If we look at the current incident, the unlicensed immigration agent delivered what he promised. He got 700 international students’ Canada study visa approval. But what is the use of going through such illegal channels and practices? Because as they face deportation, their study visa is invalid and so is their study and work experience gained along with it.
Time and time again IRCC stresses the need for hiring Immigration Consultants/Firms that are CICC licensed. Because these are the people who are authorised by the College of Citizenship and Immigration Consultants (CICC) to offer immigration services. Anyone else who offers such services is not permitted. And are the root cause of scams such as ‘Fake Admission Letter Causes Deportation of 700 Indian Students in Canada’.
In addition, to the fake admission letters, fake immigration agents/firms/consultants go way deeper to forge documents such as:
.Fake Retainer Agreement (between client and fake immigration consultant/firm)
.Fake College Admission Receipt
.Fake Letter of Acceptance (LOA)
.Fake Income Tax Return reports
.Fake Canada Job Offer Letter
.Fake IELTS reports
.Fake Educational Credential Assessment (ECA) reports
.Fake Police Clearance and Medical Reports
.Fake Visa Approval Letters from IRCC.
The list of documents such agents produce is infinite and scary. This is why one must always check the authenticity of the immigration services provider. Due to such practices available in the immigration industry, Canada is now strongly rechecking all paperwork once an immigrant enters Canada.
https://www.consumercomplaints.in/bycompany/esse-india-a609046.html