Friday, February 19, 2010

QUEBEC CRACKS DOWN ON UNSCRUPULOUS IMMIGRATION CONSULTANTS

The Canadian Press: Province moves to crack down on unethical immigration consultants


Province moves to crack down on unethical immigration consultants

By Bernard Barbeau (CP) – 17 hours ago

MONTREAL — Quebec has announced a crackdown on shady immigration consultants while similar nationwide action is expected from the federal government.
The announcement vaults Quebec to the forefront of the battle against businesses that mislead newcomers into thinking they can be fast-tracked into Canada, or encourage them to lie on their applications.
The federal government has repeatedly promised it will take similar steps but has not provided a firm indication yet about when that might happen.
In the meantime, it's applauding Thursday's announcement from Quebec.
To have a right to practice in the province, consultants will need to pass a test, demonstrate a knowledge of French, have a track record free of malpractice, and register with the Canadian Society of Immigration Consultants.
Quebec will also create a public registry listing recognized consultants and those whose right to practice has been suspended.
The provincial government says it could also impose fines of up to $50,000 - or up to $100,000 for a repeat offender - and revoke someone's right to practice.
"We're sensitive to the fact that there are vulnerable people falling victim to the schemes of some ill-intentioned people," Immigration Minister Yolande James said.
"We understand that there are consultants who do their job very well. But for consultants who have poor practices, or others, the message is clear: You must follow Quebec's guidelines or shut your doors."
The provincial government said only lawyers, notaries, and members of the Canadian Society of Immigration Consultants will be allowed to represent immigration candidates in Quebec.
The federal government also introduced a requirement in 2004 that consultants belong to the CSIC.
But critics say there are no enforcement mechanisms. There are a variety of estimates, but the CSIC itself says there are 2,000 unregistered companies - so-called "ghost consultants" - operating in Canada.
Some of those companies provide unethical advice while charging immigrants thousands of dollars.
One apparent practice, for instance, had consultants encouraging immigrants to falsely claim they were homosexual and to request refugee status because they were being persecuted in their home country.
Immigration Minister Jason Kenney is saluting Quebec's move, and is promising federal action on the issue. Ottawa suggests it might introduce its own policy within months.
"We welcome the measures announced by the province of Quebec," said Alykhan Velshi, a Kenney spokesman.
"Immigration consultants must be more severely punished. . .
"As minister Kenney has stated, (Ottawa) intends to tighten the rules to make it more difficult for unauthorized third parties to operate. It is important that we combat fraud to maintain the integrity of Canada's immigration system."
But one critic said the feds, who have offered no specific date for when they might have a new policy, should follow Quebec's example.
"Nothing's happening in Ottawa," said Olivia Chow, the NDP's immigration critic.
"(Kenney) first promised something last spring. Then it was the summer. Then he promised it a third time in the fall. Now he's promising it in the spring again.
"I'm pleased that the Quebec government is moving on this issue. Because the federal Conservative government is soft on crime - against immigrants."
Both the federal and provincial governments share a similar message: that there's little benefit in hiring a consultant, and in paying the sometimes-exorbitant fees they charge.
"People can defend their case themselves with the department (of immigration)," James said.
She said the 10 to 30 per cent of candidates who hire consultants get "absolutely no preferential treatment" in the way their file is treated.
From now on, candidates who hire a consultant will, in Quebec, be required to disclose that party's name on their application papers. Under the new guidelines, approved this week by the provincial cabinet, the names on those applications could then be checked against the public registry.

Copyright © 2010 The Canadian Press. All rights reserved.

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