When you go looking for someone to handle your immigration file, you will see adverts for “immigration lawyers” and adverts for “regulated immigration consultants”. Many people assume the two are the same thing. They are not — and the difference shows up in one particular place: when a case leaves the immigration department and goes to court.
Who is allowed to charge a fee for immigration work in Canada
IRCC recognises only three kinds of paid representative:
- Lawyers, who must be members of a Canadian provincial or territorial law society. Paralegals count too, but only in Ontario, and only as members of the Law Society of Ontario.
- Notaries who are members of the Chambre des notaires du Québec.
- Immigration consultants who are members of the College of Immigration and Citizenship Consultants.
That is the entire list. If someone outside those three groups takes money from you, they are not an authorised representative as far as IRCC is concerned.
What happens if they are not authorised
IRCC’s own instruction is blunt: if they are not members in good standing, you should not use their services. The department will not deal with a paid representative who is not authorised, and your application can be returned or refused as a result. It makes no difference whether that person is inside Canada or outside it.
Take that seriously, because the damage lands on you rather than on them. It is your application that stops.
What a lawyer can do that a consultant cannot
For the ordinary work on a file, both can act:
- Advise you and identify the programme that fits your situation.
- Complete and submit your forms.
- Communicate with IRCC on your behalf.
The difference appears when a case stops being an application and becomes litigation. If you are refused and want to challenge that in the Federal Court, a consultant cannot take it there. That is a lawyer’s work.
There is a second boundary that is less widely known, and it sits inside the consultant profession itself. Representing a client before the Immigration and Refugee Board — the Immigration Division, Refugee Protection Division, Immigration Appeal Division or Refugee Appeal Division — requires a separate class of licence, the RCIC-IRB. A consultant holding the standard RCIC licence may not appear there.
So the choice between a lawyer and a consultant depends on the shape of your case, not on which title sounds more impressive. For a straightforward application either can act. For a hearing or an appeal, check the specific licence before you sign anything.
How to check the licence yourself
Before you sign a retainer or hand over money, look the person up on the register that applies to them:
- For a consultant: the public register of the College of Immigration and Citizenship Consultants. Search by name or licence number.
- For a lawyer: the law society of the province where they practise. Most have an online directory.
Do not stop at finding the name. Check that the membership is current and in good standing, and check which class of licence a consultant holds. If it is not in good standing, walk away.
IRCC maintains a page for exactly this purpose, with links to all three registers.
Do you need a representative at all?
IRCC says so itself: using a representative will not draw special attention to your application or guarantee that we’ll approve it. The forms and the guides are on the official site, free, and many people complete their own applications successfully.
One thing worth remembering whichever route you take. You sign the application, so the information in it is yours — the accuracy of what is submitted remains your responsibility, even where a representative filled in the form.
This article is general information, not legal advice, and it describes published official rules rather than any individual case. Hadi Imani is a Regulated Canadian Immigration Consultant, licence R522575, practising in Toronto; that licence covers Canadian immigration only.
