Throughout the past year my partner, Catherine, and I have been warning prospective immigrants about how difficult it has become to qualify for temporary and permanent resident visas in Canada due to our government’s concerted efforts to drive immigration levels down from previous highs that we saw during the pandemic. According to a recent Globe and Mail poll, most Canadians are in favour of these policies to reduce both temporary and permanent immigration. With public sentiment on their side, it is unlikely that the Department of Immigration, Refugees and Citizenship Canada (IRCC) will ease current immigration restrictions soon. Against this backdrop when immigration options are limited, and entering or remaining in Canada seems a remote possibility, prospective immigrants need to be alert to potential bad actors on the immigration scene promising unrealistic results and quick fixes to all their immigration woes. The problem of “ghost consultants” is a longstanding one in the immigration field and you should be on the lookout for them.
The term “ghost consultant” refers to paid consultants who advise or represent clients on immigration matters without being appropriately licensed. Canadian immigration laws require that immigrants only work with authorized representatives for a fee, which means a lawyer or member of the Chambre des notaires du Québec (Québec Notary), paralegal (Ontario only), or an immigration consultant that is registered with the College of Immigration and Citizenship Consultants (CICC). In other words, it is illegal for any person to accept a fee to advise you or represent you on immigration matters if they are not properly authorized.
The consequences of working with a ghost consultant are dire. If you are working with one, your application can be refused and you may even be the subject of a misrepresentation finding if the ghost consultant’s involvement is discovered. A misrepresentation finding results in a five-year ban from making any future immigration application to Canada! One may be tempted into thinking that IRCC would never find out about something like this, but I have seen this occur on many occasions. For instance, in one case that I recently reviewed, IRCC discovered that the client was using a ghost consultant because their application included a job offer that was made using a template repeatedly recycled by the same ghost consultant across numerous files. Connecting the dots, IRCC officers realized that it could not be possible for complete strangers to be using the same templates and that they must have a common (unauthorized) ghost consultant representing them.
Beyond just obtaining a negative result, using a ghost consultant virtually assures that you will not be able to remedy whatever harm was caused. In a 2023 Federal Court case, a foreign national was refused a work visa after failing to reply to a procedural fairness letter (PFL) that IRCC sent alleging that he submitted fraudulent bank documents with his application. At his court hearing, the applicant argued that he was not responsible because he worked with a ghost consultant who did not tell him about the PFL. Unsurprisingly, the presiding judge had no sympathy for him, pointing out that the Court does not condone the use of ghost consultants, that there was no indication in the work visa application that the applicant had been represented by anybody, which is contrary to law, and that the applicant had to live with the consequences of using a ghost consultant. Caveat Emptor: Buyer Beware!
Here are some warning signs that you may have been approached by or working with a ghost consultant:
You can’t find them on a website: You should be wary of working with a firm that doesn’t tell you who you’ll be working with. If you cannot find a name and photograph of the person you are working with on their website, you will not be able to confirm that they are authorized representatives, which you can easily do for any lawyer, notary, paralegal or CICC member.
They promise you the moon: Turn and run the other way if you are speaking with somebody that guarantees you a result. No professional, no matter how competent, can provide such a guarantee. Similar red flags to look out for include those promising that you don’t need to do anything for the visa (such as actually working for a business you invest in), that it’s very easy, or that they’ll be able to guarantee an expedited result.
No ‘Use of a Representative’ form: When you hire a professional to represent you on your application, that person is responsible for submitting a Use of a Representative form to IRCC, whether paid or unpaid. This official government form confirms that they have your permission to represent them with IRCC in all matters relating to your immigration application and that they are a suitable point of contact with the Department. If you don’t know what this form is and have never seen it, then there’s very likely a problem occurring in your file!
No or poor communication and no records: I’ve heard time and time again from clients who have worked with unscrupulous actors that there is almost no record of interactions with them. This might occur if you only ever talk to the person on the phone or through channels like WhatsApp. There’s no paper record. They actively avoid putting things down in writing such as in an email. You pay cash for their services. You have a hard time connecting with them again once your application has been submitted. Moreover, they never ever share copies of anything that has been submitted on your behalf with you. Remember that your immigration file is yours and you are entitled to copies of all applications submitted on your behalf by anyone.
If you’ve experienced this sort of behaviour then it’s not too late to change your representation. There is always time to correct past mistakes and incorrect information if the application is still ongoing, and it would be in your best interests to address these issues as soon as possible. With the Canadian immigration dream becoming harder to attain in today’s legal landscape, it is more important than ever to work with trusted professionals who will provide honest advice and tell you the hard things, even if they are not something you want to hear.
