This instalment of Tips for Professional Conduct focuses on the requirement of Regulated Canadian Immigration Consultants (RCICs) and Regulated International Student Immigration Advisors (RISIAs) to stay informed of changes to immigration programs and policies.
In a statement released November 14, the director of the Ontario Immigrant Nominee Program (OINP) announced the suspension of the Skilled Trades Stream and the return of all outstanding applications. For RCICs, this change means they must inform any clients who applied under this program that OINP will no longer consider their applications.
Changes to federal, provincial or municipal immigration policy and programs can happen at any time. In some areas of immigration, such as permanent residency (PR), changes are frequent. The requirement to maintain current knowledge of immigration programs and policies is set out in the Code of Professional Conduct (Code).
Navigating the laws of a foreign country can be complex, which is why people with Canadian immigration matters may choose to work with an immigration consultant who can provide them with accurate advice. RCICs and RISIAs who fail to monitor changes to immigration programs and policies are failing to provide this service and risk making mistakes that can harm their clients’ applications and immigration status. These errors can also have consequences for licensees, including disciplinary action by the College.
Clear communication with clients builds trust, strengthens relationships, and reduces disappointments and complaints. Managing client expectations is essential. Before providing any immigration or citizenship services, RCICs must have a signed Service Agreement in place. Service Agreements should limit the scope of services and should state that the licensee has no control over changing government policy or changes to immigration programs.
While licensees have no control over policy or program changes, it is still their responsibility to keep clients informed, and to stay knowledgeable about the laws and the programs they advise on.
Some ways licensees can keep up to date with policy and program developments include:
The Code requires licensees to “refrain from providing any immigration or citizenship consulting services that they are not competent to provide or that are beyond the scope of their licence.”
Licensees who lack the knowledge to handle a certain matter, such as a complex application under a new program, must inform their client. To assist the client, the consultant can work with a more experienced RCIC, ensuring the arrangement is documented in the Service Agreement, or refer the matter to an authorized representative with the required expertise.
RCICs and RISIAs must abide by the Code of Professional Conduct, which sets out the required standards of professional conduct and competence.