Anonymous
in Commercial Law Contracts Law
Asked October 13, 2017

Failure of Immigration Consultant to provide the required service

  • 1 Answer
  • 192 Views

Dear Sir / Madam, I hired an immigration consultant sometime in April 2017 to handle my PR application process for CANADA.I paid them at once as they promised me discounts and PR for CANADA. I lost an opportunity to submit my Express Of Interest to one of the Canadian province in July even though my profile was eligible for the province nominations.This was as a consequence of unaccountable behavior of the consultant. Following discussion, I was told that the website was down and they couldn't upload my details.However,I understand that lot of people managed to submitted their application on this day. It was sometime in August , we got an update saying the same province would accept application from eligible candidates.I filled in the form details such that it was ready to submit during the submission window, during which I asked the concerned to review the application. Now,when the submission window opened this week even though my application was submitted bythe consultant it was rejected by the canadian government citing in-complete documentation or in-complete application.I will have to wait again for couple of months to apply, however I already lost enough opportunities and time due to these reckless behavior of consultants and I wouldn't like to continue with them any longer for which I have asked them to refund for which I haven't received any reply till now. Could you please advise if I can sue them legally that costed me opportunity ,money,time and better career prospects.I mean - I didn't get what I am supposed to. I would be obliged if you can provide your expert opinion on this matter.I have all the proofs in the form of e-mails.

Answer 1

Before starting over, you need to find out as much as you can the reasons why your application was rejected, and what mistakes your representative made. You should communicate in writing with them and ask basic questions such as:[1]

 

•    Was the documentation you sent with the application adequate? Citizenship and Immigration Canada, or CIC, lists all the requirements at their website, and you can always double check with a little careful searching.

•    Were any deadlines missed? When you apply through programs like Express Entry, you have a series of hard and fast deadlines that you must meet. Failure to do so generally means your application is denied or abandoned and you have to start from scratch. You should be aware of these deadlines from the start, and your consultant should make sure that you are knowledgeable about how much time you have to submit an application at each stage of the process.

•    Were basic errors like misspelling of names or errors with important dates involved? If your consultant is sloppy on the details, then your application has a good chance of being rejected. CIC handles thousands and thousands of applications on a continuing basis and any discrepancies in the information provided means that, at best, your application gets put on hold. Or more likely, rejected out of hand. Careful attention to detail is a must in any successful application process.

•    Was there a misunderstanding between you and your representative? And did that lead to improper documentation or personal data for example? Any ethical and experienced immigration consultant understands the need for clear and effective communication with their clients. You are trusting them with personal information that will be part of your “official record” with the Canadian immigration authorities. A consultant who is unavailable and unresponsive to your queries is one who is more likely to get the details wrong.

•   Is your representative either a consultant registered with the Immigration Consultants of Canada Regulatory Council, or ICCRC, or an immigration lawyer, registered with the provincial law society and in good standing? When your representative is unauthorised to act as an immigration consultant, you have less recourse available to try and rectify the situation. A paid representative must be registered to operate in Canada.

•   Did your representative guarantee the acceptance of your application? Any consultant or lawyer that guarantees you a visa or charges you for free forms, for example, is likely a fraud. A consultant can help guide you through the application process and charge you for that advice, but can never guarantee you results.

•    Were you totally honest with your representative? Be honest about whether you were fully forthcoming with your consultant or lawyer. If you attempted to stretch the truth or provided false documents or credentials then the fault lies with you and not the representative. CIC checks and often double checks the validity of any documentation submitted and if they discover any false information, your application will be denied. Never falsify information and always be honest with your consultant and with the immigration authorities. You are ultimately responsible for the accuracy of the information in your application and being honest will always benefit you in the long run.

 

Well, in your case, you must have signed some sort of agreement with the consultant which would be stating the payment method, refund policy, etc. You can go through the same and ask for a refund or compensation accordingly.

You may also approach the consumer forum or the authority under which your consultant is registered. You may be able to get a partial refund and the immigration consultant may also be penalised for his deeds. Because in such cases, the immigration consultant can only promise you to take care of your application process but cannot assure you that the application will be accepted by the respective government. If there was any fault on your consultant’s part, you are very much eligible for a refund as well as compensation.

Research by - Anubha, Lawfarm 

[1] https://www.immigroup.com/news/your-immigration-lawyer-screwed-whats-next

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