Immigration consultants want action on scammers

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Not enough is being done to crack down on fraudulent immigration consultants, say consultants officially registered in Canada. Two years ago the Canadian government changed the rules governing immigration consultants and promised to work harder to stop fraudulent operators. But it’s not clear that things have improved.

1,093 complaints were received by the Immigration Consultants of Canada Regulatory Council (ICCRC), a self-regulating agency which licences its members. Of those complains, 372 involved non-members who may have charged would-be immigrants for advice, something that is contrary to Canadian law and can be punished with two years in prison or a $100,000 fine.

Complaints are examined by an arm’s-length panel and if they are deemed to have merit they are forwarded to the Canada Border Services Agency and the national police, the RCMP.

Few complaints pursued

The problem is that unregulated suspects are not being pursued by authorities, says Kerry Molitor, a regulated Canadian immigration consultant in Toronto. She obtained figures under access to information laws that would indicate that the Canadian Border Services Agency received only 65 referrals from the ICCRC between its inception until 2012. And of those, only one case was being investigated, she says.

“Going after unregulated (consultants) doesn’t seem to be a priority for the government of Canada,” said Molitor. “There’s almost a perception that somebody who doesn’t use an authorized representative deserves what they get.”

Scammers don’t usually want their names on immigration paperwork. But if applicants find out they got bad advice and then complain to Canadian authorities they can get into trouble for having gotten help but not listing it on their applications. They could be charged with immigration fraud, says Molitor.

Fake jobs, fake marriages

Unscrupulous immigration advisors have been known to “sell” jobs to would-be immigrants. Molitor cited cases where applicants paid $10,000 for a job which they later discovered didn’t exist or has such terrible working conditions that they were abandoned.

Fake marriages were staged a few years ago by unregulated advisors to help Canadians who wanted to sponsor people to help them immigrate. The jig was up when authorities noticed that photos from several different weddings featured the same guests.

Scams like this can cost applicant time and money. Their applications may be delayed or rejected outright and forever if fraud is suspected.

“Lives ruined”

“I think it’s a huge problem,” said Molitor. “I have found a lot of anecdotal evidence in the profession about many people who have come to Canada and had their lives ruined. They say ‘We feel like we’ve been cheated. We were misled. We didn’t know we weren’t allowed to pay for a job offer and that it was against the law.’ I think there needs to be more education but I think enforcement would be more effective.”

Ads in newspapers offering immigration help abound and Molitor thinks authorities should be investigating who’s placing them and whether they are legitimate.

And applicants themselves should check the backgrounds of those offering to help them, she advises. They can check on the internet whether they are regulated by the ICCRC or appear to have a legitimate practice. They can ask to speak with previous clients to see what kind of experience they have had.