Immigration lawyer or consultant: what’s the difference

Brampton has a lot of people offering immigration help. Some are lawyers. Many are licensed immigration consultants. Some are neither. If you are sponsoring a spouse, inviting parents or dealing with a refusal, it is fair to ask who you should hire and what the difference is.

This guide sets out the facts. Lawyers and licensed consultants are both regulated, and both can do good work. They are licensed for different things, and for some matters the difference decides who can help you at all. We are a law firm, so we have an interest here; we have tried to keep this to what the law says, with sources, so you can check it.

Section 91 of the Immigration and Refugee Protection Act (IRPA) controls who can represent or advise you for payment on an immigration matter. It lists three groups:

1. Lawyers who are members in good standing of a Canadian provincial or territorial law society, and notaries who are members of the Chambre des notaires du Québec
2. Other members in good standing of a law society, which in Ontario includes licensed paralegals
3. Members in good standing of the College of Immigration and Citizenship Consultants (CICC)

Anyone outside these groups who charges a fee to help with an immigration or citizenship application is breaking the law, even if they call themselves an “agent” or a “visa adviser”. Friends and family members can help you for free, but they cannot charge.

IRCC requires you to declare your representative on your application. If you use a paid representative who is not authorized, IRCC can return or refuse the application.

Immigration consultants are licensed and regulated by the College of Immigration and Citizenship Consultants, which took over from the earlier regulator on November 23, 2021, under the College of Immigration and Citizenship Consultants Act.

There are two classes of licence:

Licensed consultants have their own entry requirements, a code of professional conduct, a complaints and discipline process, and a compensation fund. Many are experienced, and many applications are handled well by consultants.

An immigration lawyer is a lawyer, licensed by a provincial law society, who practises immigration law. In Ontario, lawyers are licensed by the Law Society of Ontario (LSO). To be licensed, a lawyer must have a law degree, complete the licensing process and be called to the bar. The LSO regulates lawyers’ conduct, requires insurance, handles complaints and can discipline or disbar.

A lawyer can do everything a consultant can do on an immigration application. A lawyer can also do several things a consultant cannot.

When an immigration decision is challenged by judicial review, the case goes to the Federal Court. The Federal Court’s own guidance says you can represent yourself or be represented by a lawyer who is a member in good standing of a Canadian law society. It also says a consultant or other non-lawyer can neither represent you there nor give legal advice about your Federal Court case.

This matters because judicial review is often the only way to challenge a refusal of a visitor visa, study permit, work permit, in-Canada spousal application or refugee appeal. The deadlines are short: 15 days for decisions made in Canada and 60 days for decisions made outside Canada. If your file might end up in court, having a lawyer involved early means the record is built with that in mind.

What you tell a lawyer for the purpose of getting legal advice is protected by solicitor-client privilege, one of the strongest protections in Canadian law. With narrow exceptions, a lawyer cannot be forced to disclose it.

Licensed consultants owe their clients a duty of confidentiality under their code of conduct, which is a real obligation. The consultants’ code also allows disclosure when a subpoena, warrant or court order requires it. Whether communications with a consultant carry the same legal privilege as communications with a lawyer is less settled. This can matter when your matter involves a past criminal charge, a possible misrepresentation issue or anything you would not want disclosed.

Immigration problems often connect to other areas of law. A permanent resident facing a criminal charge needs advice on how a plea affects their status. A sponsor going through a separation has family law questions. A business owner applying through an investor or entrepreneur stream may need corporate advice. A lawyer is licensed to advise on Canadian law generally, and can either handle the related issue or work with a colleague who does. A consultant is licensed only for immigration and citizenship matters.

Some immigration-related disputes go to provincial courts or the Federal Court of Appeal, for example a contract dispute with a sponsor, or an appeal from a Federal Court decision. Consultants cannot appear there.

To be fair to both professions, here is what lawyers and licensed RCICs can both do:

• Advise you on your options under immigration law
• Prepare and file applications with IRCC: visitor visas, permits, permanent residence, sponsorship and citizenship
• Respond to procedural fairness letters and requests for documents
• Represent you at the Immigration and Refugee Board, including refugee hearings, the Refugee Appeal Division and sponsorship appeals at the Immigration Appeal Division
• Communicate with IRCC and CBSA on your behalf

For a straightforward application, a good licensed consultant and a good lawyer may do very similar work. The difference grows as the file becomes more complicated or more likely to be refused.

Always check before you pay anyone. It takes a few minutes.

1. Go to the Law Society of Ontario’s Lawyer and Paralegal Directory at lso.ca.
2. Search by the person’s name.
3. Check that the status shows they are entitled to practise law, and look at any listed restrictions or discipline history.

Lawyers in other provinces are listed with their own law society. A lawyer must be licensed in a Canadian province or territory to give advice on Canadian law.

1. Go to the College of Immigration and Citizenship Consultants’ public register at college-ic.ca.
2. Search by name or licence number.
3. Check the licence class (RCIC or RISIA), that the status is active and entitled to practise, and any discipline history.

Ask for the consultant’s licence number, which the CICC register calls a College ID, and check it against the name on the register, not just the business name.

• They will not give you a licence number or law society name
• They promise approval or claim a guaranteed success rate
• They ask you to sign blank forms or to leave out information
• They do not want to be listed as your representative on the application
• They suggest false documents, a fake job offer or a “contract marriage”
• They ask for payment in cash only and will not give a written agreement

No legitimate representative can guarantee an immigration result. The decision belongs to the officer, the Board or the Court.

Fees vary widely for both lawyers and consultants, and depend on the work involved. A higher fee does not always mean better service, and a lower fee does not always mean a worse one. Ask for a written retainer or service agreement that sets out what is included, what is extra, and what happens if the application is refused. Both professions have rules about fee agreements and handling client money.

A licensed consultant may be a reasonable choice for a straightforward application with no past refusals, criminal history or complications.

Consider a lawyer, who is sometimes the only option, if:

• Your application has been refused and you may need judicial review
• You have a criminal charge or conviction, anywhere
• There is a possible misrepresentation issue
• You are a permanent resident with a new charge, or facing a removal order
• Your matter overlaps with family, criminal or business law
• You want your discussions protected by solicitor-client privilege

Whatever you choose, check the licence, get a written agreement and keep copies of everything filed in your name.

Manny Hundal is a Barrister & Solicitor licensed by the Law Society of Ontario, called to the Ontario Bar in 2013. His practice is focused on immigration law, and he also handles insurance defence and some criminal matters. He can represent you before IRCC, the Immigration and Refugee Board and the Federal Court. Consultations are available in English, Punjabi and Hindi, at the chambers at 1 Nelson Street W, Suite 200B, Brampton.