Interest of our citizens in Canada does not diminish. And this despite a number of legislative innovations, sometimes seriously complicating the immigration process. And to the question “To go or not?” many cannot give themselves an unambiguous answer. That is why consultation of experienced specialists is often a decisive moment in making such a serious and responsible decision. But about who and on what grounds can represent your interests at the consulate or even simply provide consultations on issues of interest to you, unfortunately, few people know.
Since April 13, 2004, another addition to the new Canadian immigration law (IRPA of June 28, 2002), concerning directly this issue, has been put into effect. Today we discuss its main provisions with Oleg Igorevich CHERNYAVSKY, director of the company ILS (1993).
- Your company has been providing consulting services and representing the interests of our citizens in the immigration process to Canada for more than ten years. Tell our readers in more detail about the new requirements for intermediaries put forward by Canadian legislation.
- First of all, I would like to draw attention to the fact that one must distinguish between federal legislation and the legislation of the province of Quebec. According to the new federal law, only a member of the Canadian Association of Immigration Consultants (CSIC) has the right to advise and represent the interests of citizens in matters of immigration to Canada. The Association was created by the Ministry of Immigration of Canada and is currently the only organization whose activities this ministry recognizes.
As for the immigration legislation of the province of Quebec, in this case things are somewhat different. There are two stages of immigration. The first is the preparation and submission of documents, their review by the consular department and obtaining a Province of Quebec visa. The main attention at this stage is paid to ensuring that the local representative is well known at the consulate in Vienna, and that the applicant himself also knows him. The second stage is obtaining a visa under federal law. And here the new law comes into force, according to which the applicant's case must be represented by an immigration consultant officially registered with the Association.
- Who can act as an immigration consultant and what requirements are imposed on them?
- Registration with the Association of Immigration Consultants is a very serious and responsible process. Only residents of Canada and only individuals can be members of the Association. Simply having Canadian citizenship or permanent resident status in Canada does not give the right to engage in the immigration business. Each member of the Association passes a very serious exam on legislation, ethics and rules of working with a client, pays for insurance (1 million Canadian dollars) and annually makes quite substantial membership fees. In addition, this person cannot be a civil servant, have another business, or be on unemployment benefits. So, as you can see, a random person simply will not be able to obtain the right to provide consulting services and represent a client's interests in the field of immigration to Canada.
- And what could you say about various non-governmental and religious organizations, friends, acquaintances? Can they represent the interests of a Ukrainian citizen in immigration matters?
- Public and religious organizations, as a rule, represent the interests of refugees. But the whole point is that you can apply for refugee status only while being in Canada. I think there is no point for a Ukrainian citizen to go this way.
- How do you think, at the present moment, in connection with legislative modifications, are there changes in the activities of intermediary companies in Ukraine?
- It is difficult for me to generalize, but I believe that serious companies will take into account the new legislative requirements. For example, our company ILS (1993) has been working on the immigration services market for more than ten years. Its offices are in Kyiv, Chernivtsi, St. Petersburg, Minsk, Tel Aviv. Currently, we are the official representative of the Association member Sergei Krantsevich - a resident of Canada, former director of our Minsk branch. We provide a full range of free consulting services and have the right to represent the interests of clients throughout the entire immigration process. In addition, our immigration consultant is authorized to provide the client, upon his request, with a full consulate report on the case. This report can be received within a month, seeing all the movements of documents, all the consul's comments.
- What would you advise a person who has decided for the first time to seek advice on immigration to Canada from an intermediary company? What steps should be taken to make sure that he is dealing with professionals?
- I believe that the most important thing in our work is to conduct the client's case competently and responsibly. Immigration is a very serious and difficult process, and a good and conscientious specialist should be next to a person. Therefore, the first step is to make sure that the company you have chosen operates in accordance with Ukrainian and Canadian legislation. According to Ukrainian law, the company should be officially registered in Ukraine, which must be indicated in the founding documents. Pay attention to information from tax authorities: this will allow you to avoid one-day firms that disappear almost immediately after they appear. And long-term work in this market guarantees responsibility and experience.
The second step is to make sure the company complies with the requirements of Canadian immigration legislation. To do this, ask for the surname, first name and code of the immigration consultant whose representative in Ukraine the company is. You can verify this data by going to the Membership List page of the Association of Immigration Consultants website (www.csic-scci.ca). Such a check takes no more than five minutes. You can also send an email request to the Association or personally to the consultant, or simply call by phone.
If you plan to immigrate to Quebec, your third step - in addition to checking the immigration consultant when concluding a contract, you should pay attention to the fact that the surname of the person with whom you sign the contract matches the surname of the person in whose name you signed the power of attorney.
After finding out all these issues and receiving a satisfactory answer, you can be sure: yes, you will be dealing with professionals. This means that you are guaranteed help and support on this difficult path.
Interviewed by
Ekaterina PROVOZINA.