Explainer
Immigration lawyer or consultant: what's the difference
The short answer. In Canada, two kinds of paid professional can represent you on an immigration matter: lawyers, licensed by a provincial law society, and regulated immigration consultants, licensed by the College of Immigration and Citizenship Consultants. Both can prepare and submit most applications to IRCC. Lawyers can also represent you in Federal Court, give legal advice protected by solicitor-client privilege, and advise on related legal problems such as criminal charges.
Either way, the most important step is the same: check that the person you are paying is licensed.
Who is allowed to help you for a fee
The Government of Canada only deals with paid representatives who are authorized. In practice, that means:
Lawyers and Quebec notaries
who are members in good standing of a Canadian law society or the Chambre des notaires du Québec. In Ontario, lawyers are licensed by the Law Society of Ontario (LSO).
Regulated Canadian Immigration Consultants (RCICs)
, licensed by the College of Immigration and Citizenship Consultants (CICC), a federal regulator set up under its own Act.
Someone who is not authorized can still help you for free, such as a family member. Anyone who charges you and is not on one of these registers is not allowed to represent you.
What each can do
| Lawyer (licensed by the LSO) | Consultant (RCIC, licensed by the CICC) | |
|---|---|---|
| Prepare and submit IRCC applications (sponsorship, work, study, PR, citizenship) | Yes | Yes |
| Represent you before the Immigration and Refugee Board (refugee claims, immigration appeals, admissibility hearings) | Yes | Yes, if they hold the RCIC-IRB licence class, which the IRB has required since July 1, 2023 |
| Represent you in Federal Court, for example on judicial review of a refusal | Yes | No, except in rare cases where the court allows a non-lawyer by motion |
| Communications protected by solicitor-client privilege | Yes | |
| Advise on related legal issues (criminal charges, family law, contracts, civil claims) | Yes, within the lawyer’s competence | No |
| Regulator | Law Society of Ontario | College of Immigration and Citizenship Consultants |
| Public register | LSO Lawyer and Paralegal Directory | CICC public register |
| Complaints | Law Society of Ontario | College of Immigration and Citizenship Consultants |
When the difference matters
For many straightforward applications, a well-run consultant and a lawyer will follow a similar process. The difference shows up when a file goes wrong or touches another area of law.
A refusal you want to challenge. If IRCC refuses an application, the options may include reapplying, asking for reconsideration, an appeal to the Immigration Appeal Division in some cases, or judicial review in Federal Court. The Federal Court says that consultants and other non-lawyers cannot represent you there or give legal advice about your court process. Judicial review also has short deadlines. If a refusal is likely to end up in Federal Court, it helps to have a lawyer involved early.
A criminal charge or record. A charge or conviction, in Canada or abroad, can make someone inadmissible or put permanent resident status at risk. The way a criminal case is resolved can change the immigration result. A lawyer can advise on both.
Sensitive facts. If your situation involves facts you are worried about sharing, solicitor-client privilege protects communications with a lawyer made for the purpose of legal advice.
How to check a licence
It takes about a minute, and it is free.
To check a lawyer in Ontario
- Go to the Law Society of Ontario directory at lsodirectory.lso.ca.
- Search by the lawyer’s name.
- Check that the status shows they are entitled to practise law. The listing also shows any regulatory history.
For a lawyer in another province, use that province’s law society directory.
To check a consultant
- Go to the College of Immigration and Citizenship Consultants website at college-ic.ca and open “Find an Immigration Consultant”, which links to the public register at register.college-ic.ca.
- Search by the consultant’s name or licence number.
- Check that the licence is active and that they are entitled to practise. If your matter involves the Immigration and Refugee Board, check that their licence class allows IRB work.
Signs to be careful
- No licence number, or one that does not match the register.
- A promise of approval, or a claimed special relationship with IRCC.
- A request to sign blank forms, give false information, or pay without a written fee.
A fair word about consultants
Many consultants are careful and capable, and the CICC holds them to a code of conduct. The choice between a lawyer and a consultant is yours. What matters most is that the person is licensed, that they explain the fee in writing, and that you understand what they will and will not do for you.
About Manny Hundal
Manny Hundal is a lawyer, called to the Ontario Bar in 2013, with a practice focused on immigration law. He is not a regulated immigration consultant. You can confirm his licence on the LSO directory.
This page is general information, not legal advice about your situation.
Sources
- Federal Court: who may represent you in an immigration, refugee protection or citizenship matter
- Immigration and Refugee Board: representation at the Immigration Appeal Division (consultants have needed a licence there since July 1, 2023)
- IRCC: using an immigration and citizenship representative