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Frequently Asked Questions

Notice: Read this important notice about who may represent you.

Who does this affect?

Individuals, whether in Canada or abroad, seeking to hire a representative with regard to their immigration application or status.

You are not obliged to hire a representative for immigration matters. The Government of Canada treats everyone equally, whether they use the services of a representative or not. If you choose to hire a representative, your application will not be given special attention nor can you expect faster processing or a more favourable outcome.

Citizenship and Immigration Canada (CIC) realizes that the use of a representative to assist in completing your immigration application is a personal choice. Please note, the Government of Canada does not recommend or endorse any individual representative.

Information for Applicants

• Do I need the services of an immigration representative to help me apply?
• What are the consequences if I choose not to inform Citizenship and Immigration Canada (CIC) that I paid a representative?
• If my application was submitted prior to April 13, 2004, does my paid representative need to be a member of a Canadian provincial or territorial law society, the Canadian Society of Immigration Consultants (CSIC), or the Chambre des notaires du Québec in order to conduct business on my behalf with Citizenship and Immigration Canada (CIC)?
• If I have applied through a provincial program, do the immigration representative regulations still apply?
• As a sponsor, do I have to complete a separate Use of a Representative (IMM 5476) form if I am using a representative?
• Must I complete a separate Use of a Representative (IMM 5476) form and Authority to Disclose Personal Information to a Designated Individual (IMM 5475) form with each new application?
• Can I pay someone to provide advice prior to submitting my application?
• If I change my representative, do I have to notify Citizenship and Immigration Canada (CIC)?
• Can immigration consulting companies or firms provide services?
• What should I do if Citizenship and Immigration Canada (CIC) returned my application claiming that my authorized representative is not authorized?
• What should I do if my representative and I have a dispute?

Information for Representatives

• Should a representative be identified on the Use of a Representative (IMM 5476) form as paid or unpaid if they receive payment from the applicant’s prospective employer rather than the applicant?
• How do these regulations affect education stakeholders?
• Do the immigration representative regulations apply to adoption agencies?

Information for Applicants

• Do I need the services of an immigration representative to help me apply?

No. The Government of Canada treats everyone equally, whether or not they use the services of a representative. If you choose to hire a representative, your application will not be given special attention, nor can you expect faster processing or a more favourable outcome. The Government of Canada's Web site (www.cic.gc.ca/english/index.html) provides comprehensive guidance about the forms to be completed, the documentation required, and the processing steps.

Citizenship and Immigration Canada (CIC) realizes that the use of a representative who charges a fee for conducting business on your behalf is a personal choice. CIC will only deal with authorized representatives who belong to a Canadian provincial or territorial law society, the Canadian Society of Immigration Consultants, or the Chambre des notaires du Québec.

Please note:

• We will not authorize, endorse or comment on any particular immigration lawyer or consultant.
• We do NOT have agents representing our programs.
• It is your responsibility to make sure that the representative you choose is ethical and competent to perform the services required. You should not be afraid to ask the representative for references or for other proof that they have the necessary skills.

Beware of representatives who claim that you will get a visa, obtain citizenship or benefit from special treatment from the Canadian government by using their services.

Visit the Immigration and Refugee Board (IRB) Web site for further information regarding representatives appearing before the IRB.

• What are the consequences if I choose not to inform Citizenship and Immigration Canada (CIC) that I paid a representative after April 13, 2004?

It is a serious offence to give false or misleading information to the Government of Canada. If you choose not to disclose the name of your representative to CIC or the Canada Border Services Agency, your application may be refused for misrepresentation and you may be inadmissible for a period of two years or subject to enforcement action.

The individual charging a fee for the services may also be penalized according to the Criminal Code of Canada, the Immigration and Refugee Protection Act and/or provincial jurisdiction.

• If my application was submitted prior to April 13, 2004, does my paid representative need to be a member of a Canadian provincial or territorial law society, the Canadian Society of Immigration Consultants (CSIC), or the Chambre des notaires du Québec in order to conduct business on my behalf with Citizenship and Immigration Canada (CIC)?

No. If you had an application or proceeding already underway as of April 13, 2004 , you may continue to use the services of your paid representative until April 13, 2008 . After April 13, 2008, if your paid representative is not a member of a Canadian provincial or territorial law society, CSIC or the Chambre des notaires du Québec, you must choose to either continue unrepresented or to hire an authorized representative. You can inform CIC of any changes to the status of your representative by completing a Use of a Representative (IMM 5476) form.

• If I have applied through a provincial program, do the immigration representative regulations still apply?

These regulations refer to the federal immigration process. Each province has their own procedure for dealing with immigration representatives. Verify with the province to which you applied as to what their procedures are for immigration representatives.

Note: The regulations prohibit representatives from charging a fee unless they are members of a Canadian provincial or territorial law society, the Canadian Society of Immigration Consultants (CSIC), or the Chambre des notaires du Québec. These organizations have strict codes of professional conduct which help to ensure that standards of professionalism are met. These organizations also have a complaints and discipline process for their members.

• As a sponsor, do I have to complete a separate Use of a Representative (IMM 5476) form if I am using a representative?

Yes. The sponsor and the applicant must complete separate forms to allow Citizenship and Immigration Canada to share each individual’s personal information with the representative appointed.

• Must I complete a separate Use of a Representative (IMM 5476) form and Authority to Disclose Personal Information to a Designated Individual (IMM 5475) form with each new application?

Yes. These forms are only applicable for the application with which it was submitted. However, you do not need to include these forms if you are not using the services of an immigration representative or designated individual.

• Can I pay someone to provide advice prior to submitting my application?

Yes. Citizenship and Immigration Canada and the Canada Border Services Agency have authority to deal with representatives only at the point of submission of an application. Section 13.1 of the Immigration and Refugee Protection Regulations states

“…no person who is not an authorized representative may, for a fee, represent, advise or consult with a person who is the subject of a proceeding or application before the Minister, an officer or the Board.”

• If I change my representative, do I have to notify Citizenship and Immigration Canada (CIC)?

Yes. CIC must be notified immediately of any change in your representation. To notify CIC, complete a new Use of a Representative (IMM 5476) form.

• Can immigration consulting companies or firms provide services?

Citizenship and Immigration Canada, and the Canada Border Services Agency will only conduct business on your behalf with individuals who are authorized representatives. Immigration consulting companies or firms can continue to provide services for a fee if the companies’ employees that are acting as your representative are members of a Canadian provincial or territorial law society, the Canadian Society of Immigration Consultants, or the Chambre des notaires du Québec.

Often, companies have agents outside of Canada who do not belong to these regulatory bodies. Agents who do not belong to these regulatory bodies cannot act as an authorized representative. Visit the Immigration and Refugee Board (IRB) Web site for further information regarding representatives appearing before the IRB.

• What should I do if Citizenship and Immigration Canada (CIC) returned my application claiming that my authorized representative is not authorized?

If you receive a letter from CIC stating that the status of your authorized representative cannot be verified, re-submit your application to that CIC office with documentation (for example, photocopy of their membership card) that provides evidence of your representative’s membership as soon as possible.

• What should I do if my representative and I have a dispute?

Most representatives provide competent, honest services. However, there are some that do not. Citizenship and Immigration Canada cannot help you if you have a disagreement with your representative, as it is a private matter between the two of you.

Note: If you experience difficulties with your representative, you should file a complaint with the appropriate authorities as soon as possible. There may be time limits for filing a complaint.

Information for Representatives

• Should a representative be identified on the Use of a Representative (IMM 5476) form as paid or unpaid if they receive payment from the applicant’s prospective employer rather than the applicant?

If a fee was paid to a representative to handle an applicant’s immigration matter, the representative should be identified as paid on the Use of Representative form.

All paid representatives must be a member in good standing with a Canadian provincial or territorial law society, the Canadian Society of Immigration Consultants, or the Chambre des notaires du Québec.

• How do these regulations affect education stakeholders?

Education stakeholders can continue to market/promote Canadian educational programs, recruit students, provide students with information, assist in completing study permit applications, drop off applications, and pick up permits at Canadian visa offices with the student’s consent.

In Canada education agents:

Education agents in Canada include international student advisors, school administrators, churches and cultural organizations. Since these educational stakeholders are not paid a fee by the student for providing immigration services, they can identify themselves as an unpaid representative – other on the Use of a Representative (IMM 5476) form.

Education agents abroad:

Educational agents abroad, who are often hired by Canadian educational institutions to assist their foreign students, charge a fee for all their services up to and including sending a signed study permit application to the Canadian embassy. Under these regulations, agents do not need to be an authorized representative to provide services prior to the submission of the application.

However, agents who wish to represent students after their student applications have been submitted will need to be members in good standing of a Canadian provincial or territorial law society, the Canadian Society of Immigration Consultants, or the Chambres des notaires du Québec.

• Do the immigration representative regulations apply to adoption agencies?

Yes. Adoption agencies must abide by the same rules as everyone else if they wish to represent their client.

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