In Canada, there are more and more skilled managers or advisors who offer on social networks and platforms the service of immigration consulting with fast, economic and "guaranteed" processes, but they have neither the authorization nor the regulation of the College of Consultants of Canada, much less the power to achieve record times.

These people, through ignorance or negligence, can lead you to make one of the most serious mistakes in your immigration application: misrepresentation.

In this blog, I will share the serious consequences of entrusting your immigration process to an unregulated consultant (gestor) and the specific reasons why Canada is refusing visas and study or work permits. Read with me to the end so that you recognize how they work and avoid them at all costs. Let's get started.

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Managers and their promises

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Who are the managers that put you at risk? They are people who offer application services for study permits, work or tourist visas based on their personal immigration experience, so they feel qualified to make the application on behalf of someone or give them advice to do their own process in exchange for a very cheap payment. 

These managers do not have any legal authorization to do business and usually promote themselves on social networks with the promise of getting you a "free" visa or channeling "quick and easy" processes . They charge low fees of 50, 80 or 100 CAD, but the service is neither guaranteed nor legal.

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Educational agency advisors 

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On the other hand, there are the educational agencies, which are in charge of legally registering students in Canadian colleges and universities, through educational advisors with legal permission. These advisors are certified and understand the Canadian educational system, know how to guide you and carry out key steps during the process following a strategic plan from the beginning. 

A legal and effective educational consultation includes:

• Exploration with the student of the Canadian educational system.
• Evaluation of the different institutions available in the province of your interest. 
• Evaluation of academic options that respect the logical and progressive thread of their studies.
• Assessment of program cost and application requirements.
• Close communication with the student about the different options of the evaluated programs. In our educational agency, Immiland Education, we do the e-mailing from info@immilandcanada.com.
• Registration in the program of your choice. The administrative fee may vary among educational agencies, however, at Immiland Education, we do not charge it, except for the registration fee charged by the college, and as long as the registration is with one of our partner institutions.

Educational advisors are not authorized to perform immigration procedures. Irregular procedures of an unethical educational agency and misrepresentation crime occur when, for example, the educational agency offers the student to "do the visa" for free, once the acceptance letter is delivered. 

In this offer, it is evident that the consultant is committing himself to perform an immigration procedure for which he is not authorized and, although he does not charge the student directly for the visa, he will receive a commission from the college, which is interpreted as an indirect payment for the "free" visa service, but in Canada, only lawyers, notaries in Quebec or immigration consultants regulated by the CICC (College of Immigration and Citizenship Consultants) can charge for immigration representation services, in addition to the fact that they are the ones who know all the available ways to successfully process a visa, permit, etc.

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The handling of the visa by an educational consultant without the proper declaration represents an illegal action and may lead to the crime of misrepresentation or misrepresentation. misrepresentation or misrepresentation with the consequent rejection of the procedure (visa, study or work permit) you are applying for. Here are the reasons why.

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Reasons for rejection 

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• Suspicious IP address: Immigration officers detect that the IP address from which an application was sent has been used to send hundreds or thousands of applications in a short time (e.g. 500, 2000, 5000 in 3 years). This is a clear sign that a normal person could not have sent so many applications, indicating the use of an undeclared third party.
• Shared credit cards: it has been observed that the same credit card is used to pay for multiple applications from different individuals, revealing that a third party is handling the payment centrally.
• Identical letters of purpose: officers identify patterns in Statement of Purpose letters, noting that they are very similar among different applicants, suggesting that they were drafted by the same person or template.

In all these scenarios, the consequence is the same: the applicant is accused of misrepresentation. misrepresentation and a block on entry to Canada is imposed for the next 5 years.

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Recommendations to avoid the crime of misrepresentation

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It is essential to understand that you are ultimately responsible for your application. It does not matter if it was sent by a manager, an educational agency or an attorney. You must be completely familiar with every document, every form and every piece of information that is submitted on your behalf. If information is omitted (such as previous studies to facilitate a study permit) or false information is submitted, the fault lies with you, not the third party.

The anticipated solution to the crime of misrepresentation lies in honesty, transparency and the hiring of regulated professionals in Canada.

1. For illegal managers, the message is simple: stop operating illegally. If you want to work in the immigration field, you must study and become licensed as a regulated immigration consultant or attorney. 
2. For educational agencies, if theyoffer study visa assistance, they must sign and submit the Representative Use Form. This document states to Canada that you have authorized a third party (the agency, in this case) to access your profile and submit the application on your behalf. If you have nothing to hide, why not do it? Honesty with the client and with IRCC is crucial.
3. For customers (you!), be honest with the country that will open doors for you. When the system asks if someone had access to your portal and you lie, you are committing misrepresentation. Immigration law in Canada is reserved for professionals who have studied the subject and are authorized to practice and charge for their work.

A misrepresentation dismissal is one of the most difficult situations to reverse, even for an attorney. It involves complex and costly proceedings in Federal Court.

Please, let's avoid falling into these circumstances. Let's raise awareness and protect our Canadian dreams. Don't risk a 5 year lock-in for errors, omissions or inadequate advice.

Want to learn more about how to avoid misrepresentation and ensure the integrity of your application?

Watch this recent video from Immiland Canada discussing important aspects of the immigration process and the importance of transparency:

CANADA 5-year blocking: NON-licensed managers

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Do you need to ensure the integrity of your immigration application and avoid making costly mistakes?Contact us at today for a legal consultation!

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At Immiland Law, we are committed to helping you understand the serious consequences of misrepresentation through ethical and competent legal representation.

Thanks for reading! See you in the next blog!

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With love, 

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Immiland Law Professional Corporation