Immigration Consultants: The good, the bad and the ugly

DECEMBER 24, 2011

SIKANDER LALANI

A couple of months ago, an immigration consultant was arrested in Halifax (whose clients were primarily from the Middle East and South Asia) and, as a result, 1100 cases filed by this consultant are under investigation for obtaining citizenship and maintaining permanent residency without physically residing in Canada.

The Canadian Government has indicated that, if proven, citizenships and permanent residencies will be revoked.

A Vancouver Sun article reports, "a statement from Immigration Minister Jason Kenney said the charges follow 'an investigation into whether the consultant fraudulently helped individuals create the appearance they were residing in Canada in order to keep their permanent resident status, and ultimately attempt to acquire citizenship.' Kenney said that "where evidence permits, we will seek revocation of Canadian citizenship and deportation.

Canadians value their citizenship.

It is not something to be bought and sold with the help of crooked consultants." (Vancouver Sun - March 2 2011)"

There are many reasons to use an immigration consultant.

Families do not want to take risks with such an important life decision.

Business immigration cases require the use of a professional consultant because of the complex financial and business experience analysis involved in investor and entrepreneur applications.

Even in the case of skilled workers, applications are extremely detail-oriented and time consuming.

Given the current procedures in place that require the submission of complete documentation with the initial application, applicants run the risk of having their applications returned because of one minor missing document.

As a consequence, applicants face delays - and delays could very well mean that they become ineligible because the quota for the category they applied under is fulfilled during the delay.

The most compelling reason to use a consultant continues to be the fact that applicants are looking for peace of mind, a level of professionalism and knowledgeable advice in this important life changing decision.

How should you choose an immigration consultant? What are the three most important questions to ask? (1) Are you authorised to give immigration advice? Be sure to pick a consultant who is either a member of the Canadian Society of Immigration Consultants (CSIC) or the Immigration Consultants of Canada Regulatory Council (ICCRC), or a lawyer who is a member in good standing of a Canadian provincial bar.

Try to select a consulting firm whose CSIC member resides in Pakistan, as these consultants understand the local education system, job market and business documents.

(2) Are you a Canadian Citizen? Only Canadian citizens and permanent residents are allowed to be authorized CSIC/ICCRC advisors.

(3) Have you experienced life in Canada? Individuals who have worked and/or lived in Canada are generally in a better position to educate clients on the Canadian experience.

It is probably best to use consultants who were professionals before they entered the business of immigration consulting.

Lawyers, Finance Professionals, Accountants and Management Consultants who are duly authorized by the government of Canada to provide immigration advice are probably your best bet.

In Pakistan, every type of consultant exists: the good, the bad and the ugly.

Good immigration consulting firms tend to be managed by Canadian citizens duly authorized by the government to provide immigration advice and tend to have senior managers that have practiced in a professional field prior to making a career in immigration consulting.

Good consultants and firms will give you honest and genuine advice based on their individual and corporate experience.

They have good knowledge of immigration case law, can quickly research any grey areas and provide you straightforward and upfront advice.

Good consultants will not negotiate on professional fees unless the client gives them a compelling business reason to do so.

Perhaps the most distinguishing element of a good consultant is that they will refuse to take your case if they feel if it is ineligible and they will never offer you a guarantee.

A professional cannot guarantee anything that is not under their control, as decision making power on applications rests solely with the Canadian immigration authorities.

Thus, a good consultant constructs a case within the constraints of the law and based on extensive research and their experience.

Bad consultants may be Canadian citizens, they may even be authorized to provide immigration advice; however, they are generally not experienced and may make guarantees of approval or processing timeframes.

In Pakistan, there are many consultants who promise clients quick processing time frames.

As a savvy client, you should do your due diligence and research the market of consultants.

For example, if you notice that a consultant's promised processing times are outside the average range advised by local and international consultants, then you are probably better off staying away from such consultants.

A good way to check processing times is to visit the Canadian government's immigration website on which estimated processing times are displayed (albeit the information is not updated as regularly as it should be).

Also, processing times are subject to change.

Processing time frames that were valid at the beginning of your immigration process may get extended due to the sheer volume of applications received by the immigration authorities.

This is beyond the control of any consultant.

Be aware that there are scrupulous consultants who operate under the supervision of relatives and friends who are non-practising CSIC members.

Usually, the consultant is not eligible for CSIC/ICCRC because of his/her prior track record or because he/she is not a Canadian citizen or permanent resident and uses his/her relative as a proxy to get around these requirements.

Consultants who work under the CSIC/ICCRC authorised advisors are expected to be supervised and monitored closely.

Often, the CSIC member providing oversight is not a practising immigration professional and serves purely as a proxy.

In such situations, important aspects of the client's case must slip between the cracks from time to time.

Many such consultants will be able to process run of the mill and straightforward immigration cases.

However, in the 20 or 30 percent of cases that require serious analysis and application of the law, the consequences to the client can be quite serious.

Finally, the consultant that makes the Chinese look like amateurs with his/her ability to create documents out of thin air, the ghost consultant that the ghostbusters could not bust - the 'ugly' side of the profession of immigration consultants.

These consultants, who are generally not experienced, help or advise clients to create counterfeit documents, and help clients circumvent citizenship and immigration laws.

Most of all, they are generally not authorised by the government of Canada to provide immigration advice.

Some claim to be authorised, even though they are not authorised to provide immigration advice.

There is a consultant in Islamabad, Pakistan who advertises his/her HR professional designation as a substitute for a duly authorised CSIC/ICCRC designation.

This consultant is not a recognised immigration advisor under Canadian law.

What he/she is doing is illegal.

Stay away from such consultants.

They tend to have lower professional fees than most of the legitimate consultants operating in the market and will often accept cases when every consultant has turned you down.

Many of these consultants provide clients with advice that, if followed, could expose the client to criminal prosecution in Canada.

Document forgery and misrepresentation are serious offenses that are punishable by both jail time and heavy fines.

The 'ugly' consultant or "crooked", as the government of Canada terms them, often tells his/her client that one can get Canadian citizenship without actually physically residing in Canada.

Current immigration law allows judges discretion in granting citizenship to those who have not physically resided in Canada for all 1095 days of the requisite period.

However, this exemption is only possible for those individuals representing the Canadian government overseas, or if they are placed on an overseas assignment by a major Canadian corporation.

Even in such cases, discretionary power rests with the Citizenship judge.

For 99% of all immigrants there is practically no way to obtain citizenship without 1095 days (3 years out of 4 years) of physical residence in Canada.

Those who obtain citizenship by maintaining active bank accounts, credit cards, utility bills and rental agreements while 'physically' residing outside Canada are circumventing the law and misrepresenting themselves before the Canadian citizenship authorities.

This is a crime under Canadian law.

If you cannot reside for 3 years out of 4 years in Canada, then it is probably better to explore alternative residency options.

There are providers in the market offering legitimate alternative residency options that do not require physical residency.

Note, however, that these options are generally only available to high net worth individuals who are able to make an investment in the range of US $500,000.

Stay away from consultants who offer unqualified and exaggerated promises for Canadian immigration and citizenship.

As noted at the beginning of this article, the Canadian government is actively investigating the citizenship and immigration applications of those who are suspected of misrepresentation.

They have clearly indicated that if there is evidence of misrepresentation or fraud, permanent residencies and citizenships will be revoked.

Applications for permanent residency and citizenship, particularly those from high-risk countries like Pakistan, will be highly scrutinised by the Canadian government.

In fact, the Canadian government has a specialised anti-fraud unit that closely examines applications submitted from high risk countries.

Do not jeopardise your future and that of your children by taking the 'easy road' offered by crooked consultants.

Two simple yet powerful proverbs aptly sum up the message of this discourse - "nothing in life comes easy" and "if it looks too good to be true, then it probably is." Only retain the services of those who are positioned to provide immigration advice and have an established track record.

Migration is an important life decision.

Work with those people who make it their interest to protect your interest.

Copyright Business Recorder, 2011

Immigrant Wage, Employment Gaps Not Going Away: Report

By Joan Delaney
Epoch Times Staff

Despite higher education levels, immigrants experience higher unemployment and lower incomes than workers born in Canada, according to a new report.

Released Monday by RBC Economics, the report outlines the increasing size of the employment and wage gap for immigrants in Canada over the past 30 years.

While there was little difference between the unemployment rates of new immigrants and those born in Canada in 1981, a large gap emerged during the 1980s and 1990s, the report found.

By 2006, employment rates among immigrants were significantly higher than those among Canadian born—6.9 percent compared to 6.4 percent.

In 2005, the entire population of immigrants working full time in Canada earned an average of $45,000 a year, about $700 or two percent less than the average wage for Canadian-born workers. Those arriving in the previous five years earned just $28,700 on average.

The report estimates that the potential increased incomes for immigrants if their skills were rewarded similarly to Canadian-born workers would be $30.7 billion, or 2.1 percent of GDP in 2006 (the latest census data available).

Similarly, the potential immigrant unemployment rate would have translated into approximately 42,000 additional jobs.

“Employment growth is slowing as Canada’s population ages, which make it essential that every worker produce at their full potential,” said Dawn Desjardins, assistant chief economist, RBC.

“Underutilizing skilled labour is a gap we need to fill and immigrants represent more than 20 percent of our population. Even small improvements in immigrant outcomes could contribute positively to the Canadian economy.”

Working-age (16-64) immigrants in Canada are more likely to have a university degree than those who are Canadian born, and are older, on average. They are also more likely to live in large cities where earnings tend to be higher.

By gender, male immigrants have a higher earnings gap than female immigrants—about $16,500 for men and $7,000 for women. Conversely, the excess in the unemployment rate for women is larger than that for men, at 2.5 percentage points compared to a 0.7 percentage point difference for men.

The research suggests that gaps may be due to both genuine skill differences between immigrants and Canadian-born workers, and labour market inefficiencies that prevent immigrants from making full use of their skills, the report said.

Improved immigrant outcomes could be brought about through more extensive language training, faster credential recognition, or other integration initiatives, the researchers suggest. More rigorous evaluation of existing programs would also be helpful in understanding why gaps persist and how they can be addressed.

“This report shows that we are still not recognizing the skill level and talent that newcomers bring to Canada, and it’s as much the country’s loss as it is our immigrants,” said Camon Mak, director, Newcomer and Multicultural Markets, RBC.

“Canada was built on immigration, and that’s just as true today.”

Saskatoon drawing newcomers away from bigger cities

By Jordana Divon | Daily Brew – 19 hours ago

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Immigrants looking to start a new life filled with prosperity and opportunity are packing their bags and heading in droves to… Saskatoon?

While provinces like Ontario, Quebec, and British Columbia have long attracted the majority of incoming Canadians, a report by the Globe and Mail suggests the Prairie city, with itsreputation for welcoming new residents and its numerous employment opportunities, has become an increasingly attractive place for migrant workers to settle.

"My friends live here, they said it's a good place — for living, for job opportunities…That's why I chose Saskatoon," Bangladeshi native Sayful Ahmed told the paper about his decision to move there three weeks ago. "So far, so good."

A recent Statistics Canada survey, released Tuesday, shows Saskatchewan and Alberta have edged to the top of the population growth chart. Saskatchewan not only demonstrated the highest level of international migration in the third quarter of 2011, it also showed the highest growth level of any quarter since 1971.

"Settlement patterns in contemporary Canada are changing. Western Canada is increasingly vibrant economically and Saskatchewan, we think, is helping to drive that kind of shift," said Immigration Minister Rob Norris. "It's allowing us to fuel our economic growth…We're seeing community renewal under way and we're also seeing economic benefits."

A bit further east, migration levels in Ontario clocked in at their lowest level since 1998, as the country's most populous province has seen unemployment rates sail past the national average.

The downturn has hit newcomers especially hard. A 2010 Board of Trade report states that, compared to their Canadian co-workers, Toronto immigrants are earning less now than they did in 1980. The report added that the failure to properly utilize their skills is arguably costing the Canadian economy billions.

As economic opportunities grow in the other direction, Western provinces are luring skilled workers — both Canadian and international-born — to seek their fortunes in a burgeoning market.

In fact, many of Ahmed's new acquaintances have recently settled in Saskatchewan after first testing the waters elsewhere.

"All the Bengalis I meet here… they either come from Toronto or Montreal," he said.

Part of this shift stems from the way Western provinces are choosing who comes through their borders. Instead of relying on the "points system," a selection process that often brings in highly educated surgeons and engineers who later find themselves facing unemployment, places like Saskatchewan and Alberta are making an effort to hand-pick workers who will fulfill a particular economic need.

The gamble appears to be paying off. In the past year, Ottawa has dipped into immigrant-relocation resources earmarked for Ontario, and reallocated some of those funds to the trio of provinces on the left side of the map.

(CP photo)

Saskatoon bound: Newcomers lead westward shift

ANNA MEHLER PAPERNY

From Wednesday's Globe and Mail

When Bangladeshi-born Sayful Ahmed decided to come to Canada for a fresh start, he didn’t head to Vancouver, Toronto or Montreal.

He chose Saskatoon.

The city of 234,000 people, which has garnered a reputation for seeking newcomers and having plenty of work, was just too appealing to pass up.

“My friends live here, they said it’s a good place – for living, for job opportunities. …That’s why I chose Saskatoon,” said Mr. Ahmed, who arrived three weeks ago. “So far, so good.”

The booming Prairie province has become a magnet for migrants – from the Philippines, Ukraine, China, India and England.

In fact, Saskatchewan and Alberta lead the country in population growth, according to numbers from Statistics Canada released Tuesday. International migration to Saskatchewan over the third quarter of 2011 was the highest it has been for any quarter since 1971.

At the same time, Ontario – traditionally the country’s strongest draw for newcomers – recorded its smallest net international migration for this quarter since 1998. Economic gloom translates into fewer migrants; fewer migrants means fewer employable bodies – and, in turn, less settlement cash from Ottawa.

As Canada’s centre of gravity shifts westward with growing economic prosperity and political clout, the population is following. That goes both for international and internal migration: Western provinces are luring job seekers from Taizhou and Toronto alike.

“Settlement patterns in contemporary Canada are changing. Western Canada is increasingly vibrant economically and Saskatchewan, we think, is helping to drive that kind of shift,” Immigration Minister Rob Norris said. “It's allowing us to fuel our economic growth. … We're seeing community renewal under way and we're also seeing economic benefits.”

The population shift also reflects a change in the way Canada seeks newcomers: Emphasis is moving away from the skilled worker “points system,” which has become known for bringing in surgeons and engineers who often find themselves jobless or underemployed. Instead, Canada's Western provinces rely increasingly on a nominee program that lets them hand-pick the immigrants their economies need most.

Job seekers from within Canada need no such encouragement. Many are seeking greener economic pastures – both native-born Canadians and immigrants “re-migrating” elsewhere.

“All the Bengalis I meet here,” said Mr. Ahmed in Saskatoon, “they either come from Toronto or Montreal.”

Alberta continues to lead the country in Canadians transplanted from other provinces. And it has Ontario to thank for a third of its interprovincial migration in the third quarter of 2011.

Ontario unemployment, higher than the national average, hits immigrants disproportionately. According to a 2010 Board of Trade report, recent Toronto immigrants make less now, compared to their Canadian counterparts, than they did in 1980. The failure to tap their skills is estimated to cost the economy billions.

The shift hasn’t gone unnoticed by the federal government. This year, Ottawa shifted its immigrant-settlement resources: Ontario services lost out, to the benefit of some of their Western counterparts.

Saskatoon’s Open Door Society saw its budget increase 28 per cent last year, to $5.3-million. And the group needs it, settlement and family support manager Anahit Falihi said. Its staff has tripled in five years to accommodate the flood of newcomers needing a hand.

While he’s hesitant to prognosticate, University of Western Ontario professor Roderic Beaujot said there’s reason to believe these trends are more than just a blip.

“We’re seeing important changes in the pattern of interprovincial migration and the settlement of international migrants across the country,” he said. “I think there’s some staying power here.”

As much as they’re contributing economically, the newcomers are also changing the flavour of the Prairies. Thirty per cent of Saskatchewan’s immigrants are settling in hundreds of small communities, Mr. Norris says. That mirrors migration trends in the American Plains states, where last year’s census showed fading towns rejuvenated by an injection of Hispanic migrants.

Mr. Ahmed, for his part, hopes to save up enough for his own restaurant – “somewhere people can go and experience proper Indian food.”

Quebec's population hits new milestone

MONTREAL - We’re 8 million – let’s talk.

That advertising slogan is not coming to TV screens across Quebec – but demographer Chantal Girard rather wishes it were.

Girard was explaining a new report by the provincial statistics bureau announcing that Quebec’s population has reached 8 million.

The population milestone calls to mind the famous 1970s advertising slogan: “On est 6 millions – faut se parler.”

That was the tagline for a series of Labatt beer commercials that tapped into the rising nationalism that swept the Parti Québécois to power in 1976.

So great was the ad campaign’s impact that many Quebecers still think to this day the province has 6 million inhabitants, Girard said.

“I’m always fascinated by the proportion of people who still think we are 6 million, when that was back in the early 1970s,” she said.

“So I’m dreaming that somebody will pick up on the 8 million number and set the record straight,” Girard added.

Immigration and a drop in the number of Quebecers who moved to other provinces have boosted annual population growth to one per cent – one of the highest levels in 50 years, Girard said.

Click here to view charts of birth rate and immigration in Quebec.

Quebec gained 76,000 residents in 2010, mostly due to immigration and a slowing of out-migration to other provinces. That marks the highest rate of net migration to Quebec (arrivals offset by departures) since the province started keeping records in 1962, according to the report by the Institut de la statistique du Québec.

Immigration is driving the rise, the report said. Last year, the province welcomed 54,000 immigrants from more than 130 countries, led by Morocco, Algeria and France.

But don’t expect any ad campaigns touting the population boom, said Benoit Duguay, a management professor and communications expert at the Université du Québec à Montréal.

With Quebec nationalism on the decline, ads exploiting the push for nationhood would likely fall flat, Duguay said. Also, increasing diversity has made population growth a touchier subject than back in the ’70s, he said.

“I don’t think it would work right now,” he said.

“It was based on a nationalistic appeal: Let’s be together, we’re only 6 million French-speaking people and we’re surrounded by English-speaking people, so let’s stick together,” he said.

“Now, we are 8 million but we’re not 8 million French-speaking Québécois de souche (native Quebecers). In the ’70s, we were 6 million but a fair proportion of those were Québécois de souche,” he added.

The beer ads exploited Quebecers’ pride in having a large enough population to become an independent nation, said Jack Jedwab, executive director of the Association for Canadian Studies.

But now, fears that Montreal is becoming less francophone are causing many to be ambivalent toward immigration, he said.

“Quebecers like the idea of population growth. They’re more supportive of it than any other province in Canada,” he said.

But a perception that French is threatened in Montreal has created a backlash, Jedwab said. “You’ve got this tension and almost an inherent ambiguity which is difficult to resolve,” he said.

When Quebec passed the 7-million mark in 1990, natural population growth (births minus deaths) drove the increase, Girard said. But population growth is expected to slow as baby boomers, born between 1946 and 1966, move into their senior years, the report warned.

By 2031, 26 per cent of the population will be 65 or older, while just 20 per cent will be under 20.

As the population ages, Quebec will have to rely entirely on immigration for population growth, the report predicted. The province will reach 9 million inhabitants in about 25 years.

Prior to 1960, Quebec’s population grew by between 1.5 per cent and three per cent a year, mostly as a result of natural increase, Girard said.

The report noted that migration from Quebec to other provinces slowed in 2010, with a net loss of 3,000 residents to English Canada (departures offset by arrivals) and of 4,000 in 2009. That was a marked improvement since 2006, when Quebec lost 12,000 residents to other provinces.

The natural increase of the population added 30,000 people in 2010.

The median age in Quebec is 41.4 years, compared with under 25 in the 1950s and ’60s.

The female-male gap in life expectancy has dropped to just four years from seven years in 1990; women can expect to live to 83.6 years and men to 79.6 years.

Fully 63 per cent of babies are now born outside of a formal marriage, compared with 38 per cent in 1990.

Twenty-seven per cent of Quebec babies have at least one parent who was born abroad.

More highlights:

1,009 Babies were named William

454 Babies were named Léa

79.6 years Life expectancy for males

83.6 years Life expectancy for females

1.7 birth rate

28 Average age of mothers when they had their first child

mascot@montrealgazette.com

© Copyright (c) The Montreal Gazette

Read more: http://www.montrealgazette.com/life/Quebec+population+hits+milestone/5856363/story.html#ixzz1hDtkudMs

New Canadians more likely to belong to "Sandwich Generation" and to feel related financial pressure

TORONTO, Dec. 15, 2011 /CNW Telbec/ - Of the new Canadians who reported providing daily care for their parents in Desjardins Financial Security's (DFS) most recent health survey, 71 per cent admitted to feeling a related financial impact, compared to 61 per cent of all respondents who provided daily support.

The survey also found that 20 per cent of those respondents who were born outside Canada were more likely to be members of the "Sandwich Generation" — adults who provide personal and financial support to their parents and children simultaneously — compared to seven per cent of all respondents.

"Most Canadians are finding it difficult to make ends meet. But these results are showing us that immigrants are feeling particularly overwhelmed because they're balancing more than the average Canadian," said Reh Bhanji, regional sales manager of the Wealth Management and Life and Health Insurance division at Desjardins Group. "The 'Sandwich Generation' may be a new phenomenon in North America, but it's not for many new Canadians — it's life. They're juggling the challenge of establishing roots in a new country, raising a family and caring for elderly parents, all within a very tight budget."

Having a plan is essential

Despite their financial difficulties, those who had immigrated to Canada less than five years ago were more likely to have a plan with their parents to provide for their care (40 per cent compared to 18.9 per cent overall).

"It's encouraging that many new Canadians have plans in place to care for their families," said Bhanji. "However, there are many who are still struggling financially. Working with a financial advisor can help rebalance the plan to ensure that your family's financial security is assured while providing your parents with the care that they need."

About the Survey

SOM Surveys, Opinion Polls and Marketing conducted this Web survey on behalf of Desjardins Financial Security from August 10 to 23, 2011. In total, 3,120 questionnaires were completed with a sample of Canadian Web panellists aged 18 to 64 years old. The data was weighted to reflect the distribution of the Canadian population aged 18 to 64 years old in terms of gender and mother tongue distributions in 14 regions (Atlantic Provinces, Montreal CMA and elsewhere in Quebec, Toronto CMA and elsewhere in Ontario, Manitoba, Saskatchewan, Calgary CMA and elsewhere in Alberta, Vancouver CMA and elsewhere in British Columbia). The data was also weighted to reflect the population distributions in terms of the joint age-gender distribution and the proportion of adults who live alone in Quebec, Ontario and elsewhere in Canada.

About Desjardins Financial Security

Desjardins Financial Security, a subsidiary of Desjardins Group, the leading cooperative financial group in Canada, specializes in providing life insurance, health insurance and retirement savings products to individuals and groups. Every day over five million Canadians rely on DFS to ensure their financial security. DFS employs over 4,000 people and administers 27.7 billion in assets from offices in several cities across the country including Vancouver, Calgary,Winnipeg, Toronto, Ottawa, Montreal, Quebec City, Lévis, Halifax and St. John's. For more information, visit the website at www.desjardinsfinancialsecurity.com.