Buyer Beware
June 27, 2007Buyer Beware
A series of articles in the Toronto Star recently shone a powerful spotlight on the immigration consulting industry. What they found does not speak well for the industry.
First a bit of background on the subject. For many years only lawyers in good standing with their provincial bar association were allowed to represent clients before immigration tribunals. In reality however, individuals seeking to immigrate to Canada were receiving advice from a variety of sources, including consultants from a wide range of backgrounds. With no regulation however, reputable consultants practiced alongside individuals with little in the way of credentials and credibility.
The Canadian Society of Immigration Consultants (CSIC) was created in 2004 as a way to monitor immigration consultants who are not lawyers. CSIC is a self-regulating body meant to ensure that CSIC standards of service quality are met by its members. The incentive to join CSIC is that its members are allowed to represent clients before the Canadian government for immigration matters. This opportunity to be recognized as a visa applicant's agent by the Government of Canada was intended to draw consultants into the fold as a means to standardize the industry.
The investigation by the Toronto Star however unearthed a series of behaviours that show that many clients are still being exploited, and the system is being defrauded. Why hasn't CSIC cleaned up the industry? What it comes down to is that the organization is not enforcing its mission.
The idea was that by creating a standard for professionalism, clients of immigration consultants could be more confident in their services and any unethical and illegal behaviours would be weeded out. Building a standard however takes more than words on a mission statement, it takes active enforcement. Since its founding, the CSIC has not established a pattern of disciplinary proceedings to punish unethical behaviour. Memberships have been revoked for failure to pay dues or to meet language requirements, but very seldom for improper practice.
Unscrupulous behaviour is by no means limited to immigration consultants. The difference however is that if a client is defrauded by a lawyer, his or her law society will use its power to disbar the lawyer. In addition, bar associations can also provide a kind of insurance policy for consumers, by ensuring that defrauded clients are compensated. Potential immigrants, often unfamiliar with the details of Canadian laws and concerned about jeopardizing their applications, are a group whose interests require protecting. The problems highlighted by the Toronto Star investigation show that CSIC is not doing its job.
Even as an organization with voluntary membership, CSIC has within its authority a wide range of options to discipline its members. These tools have not been put to use, and the result is that the industry remains fraught with individuals willing to mislead their consumers and the government, and these individuals are tarnishing the work of others in the field. A concerted effort by CSIC to enforce their mandate will recapture the confidence of honest professionals and of consumers. Until then for those in the process of immigrating to Canada, it remains caveat emptor, or buyer beware, when seeking immigration advice under the CSIC banner.
7 Comments:
Such is life, it is buyer beware all over. Still, I can see how it is possible for a consultant to mislead a client. There ARE people very desperate to immigrate. I want to myself but know that I cannot and will not let myself be taken in by those people.
Why do you say that you cannot?
For me getting to canada do worth the trouble l think everything in life is a risk one just have to be creful but determined. l think cohen is my best bet l am coming from nigeria and l have my mind made up to use him.
Is CSIC responsible to anyone other than itself? Are these "consultants" licensed in any other way by the federal government? Cannot criminal charges be brought against these people for fraud? I guess that would take someone turning them in and if you are trying to get into the country, you may feel powerless to do so. Maybe some immigrants that have been in Canada for a while can join together and shut these operations down.
Just investigating the prospects for immigrating to Canada now. The Canadian authorities say they will only deal with immigration representatives who are members of CSIC or of the various provincial law societies. So I guess if you're concerned about the reliability of CSIC as a governing body, you should use an adviser who's registered with the law society, which would have powers to punish incompetent or dishonest consultants.
The Canadian Society of Immigration Consultants (CSIC) commends the Toronto Star for having brought attention to the sad and serious problem of fraudulent immigration consultants. The victims you have identified deserve the compassion of your readers and need urgent help with their problems. It is our hope that they are now receiving it.
However, we are perplexed by the harsh assertions the Star makes in the series, pointing to the lack of action and authority on the part of CSIC.
Nothing could be further from the truth. In 2003, CSIC was built from scratch. It set standards for proficiency and knowledge, adopted rules of professional conduct, developed a comprehensive mandatory continuing development program, established a complaints and discipline process – in fact, as a result of the Star series, CSIC has launched investigations into the professional conduct of four of its members - appointed top professionals to its hearing panels, engaged in an outreach and awareness campaign with the ethnic media and reached out internationally.
No small feat in three years. Just ask any other national regulatory body.
CSIC can investigate, sanction and remove members who break the rules. But CSIC is not a police force. It must work with its government partners - Citizenship and Immigration Canada, the Canadian Border Services Agency, the Royal Canadian Mounted Police, other bodies and branches of law enforcement - to finish the job. They have the means and legislative authority to enforce regulations and punish the guilty. That is why joint action is so critical. In fact it’s essential.
The problem of rogue consultants is long-standing and acute. To suggest that during a three-year period we should single-handedly have been able to clean up the entire industry is, in fact, misleading and seriously underestimates the nature of our profession.
I still wonder how Citizenship and Immigration Canada still working with CSIC members. I believe that Immigration is a specialized study in Law and should be practiced by professionals who studied Law.
Look into the licensing procedures for a Landed Immigrant as a General Practitioner. Medical Council of Canada will not allow a Tom, Dic or Harry to work as a GP in Canada. Once a General Practitioner who wish to Immigrate to Canada go through the manual from MCC he will think twice whether he should Immigrate or not. MCCEE Part 1. MCCEE Part2. MCCQE Part1. MCCQE Part2, Internship then licensing. This is a long way to go. This profession is highly regulated in Canada. Like wise Immigration is an area of practice where there is a lot of money hope and efforts are included from the client’s side. Practicing Immigration should be restricted to lawyers only.
Immigration is a highly abused business in certain part of the world because Immigration Industry got no credibility and trust anymore.
If a doctor can start from scratch in Canada then why can’t be Immigration be highly regulated? Any person who lands in Canada in PR is allowed to write CSIC Examination and he becomes an authorized representative to take up application? This is playing with career of other people.
There should be a revival in this profession and the procedures to become a licensed representative should be highly regulated. Though I work with a CSIC member, I personally belie that a day will come when CSIC will be not in picture of Canadian Immigration.
I would like to add one more thing. There are CSIC members who are excellent and ahead of this business. The have earned the credibility and trust in the market with lots of success stories. But profession is always profession and should be regulated.
Abdul Suhail K.P
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