Unauthorized Representatives: Impacts on your Canadian Visa

By Marie Keita Amarteifio and Felicia Ewoenam Tsekumah

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 Unauthorized 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, friend, an organization 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 authorized to provide representation for a fee. These people include;
a member (Regulated Canadian Immigration Consultants – RCIC’s) 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 unauthorized as their representation violates the IRPA.

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

Since this is a violation of the 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 operator, travel agency, car rental operator, tour guide, 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 practise 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 Authorized Representatives. Not many people intentionally misled immigration authorities as they either misunderstand 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 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 be members in good standing with the College of Immigration and Citizenship Consultants (CICC) or 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 authorized to handle Canadian immigration matters. Making a decision to Visit, Work, Study or Immigration to Canada is critical and life-changing. Dealing with Unauthorized Individuals or Firms can jeopardize your future as the consequences are severe and devastating.
Working with a Licensed Canadian Immigration Consultant makes the difference. They are trained and legally authorized 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 (https://college-ic.ca/) or Contact Us.

The authors are Regulated Immigration Consultants by the College of Immigration and Citizenship Consultants (CICC) of Canada and are duly registered in Ghana to provide professional services related to immigration and citizenship consultancy services for Canada and related ancillary services.

Authors details:

Marie Keita Amarteifio (CEO/RCIC)
Askia Immigration Consulting Services
Tel: 0241 318 890
Email: welcome@askiaimmigration.com
Website: https://www.askiaimmigration.com/

And

Felicia Ewoenam Tsekumah (CEO/RCIC-IRB)
TFE Immigration and Citizenship Consultancy
Tel: +1 647 675 9400
Email: info@tfeimmigration.ca
Website: https://www.tfeimmigration.ca/