Five questions to ask before hiring an immigration representative

Immigrating to Canada is high stakes, prompting many newcomers to work with immigration representatives for work permit and permanent residence applications.

Here are five questions you should always ask before deciding to hire an immigration representative:

• What are my chances of success?
• Are there different packages available?
• What services are included, which cost extra, and which are out of scope?
• Can you provide references?
• Through which regulatory body are you authorized?

Consult with an experienced immigration representative

We’ll explain why each question is important and what answers to look for, and we’ll also provide a list of red flags to watch out for.

“What are my chances of success?”

Success is never guaranteed in immigration.

You should never hire a representative who assures you that success is guaranteed—that’s a sure sign of fraud or a scam.

That said, experienced representatives should be able to tell their historical success rate with your type of application, and/or with clients in similar situations as yourself.

Keep in mind, however, that every situation is unique. The historical success rate with that file type is not reflective of your chances of success.

“Are there different packages available?”

Some representatives will charge a flat rate for a certain application type, which others may offer different levels of service for the same type of application depending on what your needs are.

Before going over their services, a reputable representative will ask you questions about your situation to ensure that they understand where you are coming from and what you are looking for.

If they do offer a variety of packages for your type of application, a reputable representative will take time with you to review all your options and explain what is included in each one.

They will not try to “upsell” you or push you to select a package that includes services you don’t care about or need.

“What services are included, which cost extra, and which are out of scope?”

If the representative charges a flat rate for a certain file or application type, as many do, they will be transparent about which services are included in the flat rate, versus which types of services may cost extra.

For example, the fee for preparing, submitting, and handling an application will often not include handling the appeal of a refused application down the road.

Some representatives may charge different amounts dependent upon the level of experience of the lawyer or licensed representative who is handling your file.

All reputable representatives will be up front about their fees and what those fees pay for, and will provide you a written agreement that outlines both the services and the associated fee(s).

If a representative asks for additional payment part-way through the process, and this payment was not discussed up front, that’s a red flag for fraud.

"Can you provide references?"

Experienced representatives will generally be able to provide references from previous clients who have agreed to act as references.

In general, it is unwise to hire a representative who cannot or will not provide references, or whose references do not appear to be legitimate.

When checking references, speak with them yourself, and be polite, brief, and respectful of their time.

Ask enough specific questions to validate that the reference was indeed a bona fide client.

"Through which body are you authorized?"

It is a legal requirement that to take payment for providing services, an immigration representative or consultant must be licensed with an authorized body: either a provincial or territorial law society, or the College of Immigration and Citizenship Consultants.

The government of Canada’s official webpage describes how to check if your representative is authorized, by looking them up to ensure that they are in fact licensed and in good standing with their regulatory body.

Keep in mind that being licensed and in good standing is a legal requirement.

Licensing by a regulatory body is not an endorsement of a representative, and does not tell you anything about the representative’s level of expertise or the quality of the services they will provide—that’s why it’s important to do your own due diligence in checking references and in interviewing the representative yourself.

Red flags

The following are indications that the representative is unlikely to be a good choice:

Red flag	Explanation
They assure you that success is guaranteed.	Success is never guaranteed in immigration. A decision is always at the sole discretion of the immigration officer reviewing your application.
They say they can personally influence the decision on your application.	Representatives cannot directly influence the decisions of immigration officers. Doing so would be illegal, as officers are bound to make impartial decisions based on application. That said, a good representative can reduce the risk of refusal through how they assist with your application—for example, by ensuring that no required information or documents has been omitted.
They say they can speed up processing, or ensure that your application goes to the front of the line, or they guarantee a certain processing time.	IRCC operates independently of any influence by representatives. Applications are treated impartially for order and speed of processing. No one can guarantee a certain processing time.
They begin pitching services before asking questions.	Reputable representatives will always ensure that they take the time to understand your situation and your desired outcomes before they begin to discuss what services they can offer or how they may be able to help you.
They say they can help with anything and everything immigration related, for everyone under any circumstances.	With the exception of a few extremely large firms, no reputable representative will handle all application types under all circumstances. Most representatives are specialists, and will be clear with you about what lies within their area(s) of expertise, and what types of files they would pass on or refer to other firms.
They ask for additional fees, which were not disclosed up front, part way through the application process.	It is normal and acceptable to break down fees for different stages of the application process: for example, preparing an Express Entry profile, and then submitting an application in response to an ITA. But in cases such as these, all fees should have been transparently disclosed up front, and it should be clear which portions of the fee pay for which services.
They refuse to provide references.	Reputable, experienced representatives will generally always be able to provide references.
They try to “upsell” you.	Reputable representatives will explain their offerings and can recommend what they believe is best based on your situation, but they won’t push you to pay for a higher-level package.
They use high-pressure sales tactics (e.g., if you sign within 24 hours, I’ll give you 20% off).	Reputable representatives understand that the decision to engage a representative is high-stakes, and they generally attract clients on the basis of the quality of their reputation, the quality of their services, and referrals from satisfied clients. If the representative tries to force a sale quickly by instilling a sense of urgency, they’re trying to gain your business through emotional manipulation.
They promise you payment for referring new clients to them.	Paying referral fees to clients is illegal.*
They suggest adding false claims, embellishing certain claims (e.g., job duties), or they suggest omitting or removing facts listed on your application.	Falsifying any component of your application or omitting any material fact(s) from your application is illegal. It constitutes misrepresentation, and can lead to refusal of your application and a five-year ban on Canadian immigration.
They suggest applying to a Provincial Nominee Program (PNP) when you don’t plan to live in that province.	Having a genuine intent to reside in the province or territory nominating you is a condition for eligibility for all nominee programs. Applying to a PNP without a genuine intent to reside constitutes misrepresentation. You may, however, enter multiple expression of interest (EOI) pools, and apply only to one PNP if your EOI is selected.

*Immigration lawyers are allowed to receive referral fees when referring you to other firms, provided that these fees are disclosed.

Consult with an experienced immigration representative