Options to send visa applications and the use of LEGAL REPRESENTATIVE So many Filipinos aspire to work and immigrate abroad for economic reasons. One of the top countries they consider for this purpose is Canada because it has one of the biggest and most open immigration programs for foreigners in the world. Between 2006 to 2011, Philippines made up the biggest bulk of immigrants to Canada, comprising 13.1% and topping China and India, which followed closely in the second and third spots at 10.5% and 10.4% respectively. The Commission on Filipinos Overseas says that 667,674 Filipinos now live in Canada. A large number of them have moved there as part of the Live-In Caregiver Program (LCP). Live-in caregivers are individuals who are qualified to provide care for children, elderly persons or persons with disabilities in private homes without supervision. Live-in caregivers must live in the private home where they work in Canada. Both the employer and the employee must follow several steps to meet the requirements of the Live-in Caregiver Program. For new aspirants, particularly those hoping to work and eventually immigrate under the LCP, the most common question is How do I apply for Canada? The whole process involves several stages and can be complicated, confusing, time-consuming, stressful, and can incur more expenses than necessary if done without proper understanding and guidance on the part of the applicant. Plus, the chances that an applicant will experience the ultimate frustration of being denied a visa is very likely under these circumstances. Many optimistic but misguided applicants do not realize that the risk and rate of visa denial is high. Many applicants wait for several months for a decision on their application, and in the end they end up having to repeat the entire process all over again for reasons that could have easily been prevented under the guidance of a knowledgeable immigration consultant or professional. These applicants are either unqualified to begin with, or their documentations were simply not prepared meticulously to prove their employment or educational qualifications. Additionally, in some cases, applicants processing fees are forfeited. The use of a consultant or representative to assist applicants in their application is optional. Applicants who have representatives or consultants are not given priority nor special treatment. An applicant can apply independently as CIC provides immigration information as well as detailed application kits online, and tries to keep the process as simple as possible. However, because the whole application process can be complex and time intensive, many applicants opt to use a representative to help and guide them with their applications. Prior to April 2004, anybody could act as a Canadian immigration consultant and charge fees for their services. However, since April 2004, the Canadian Society of Immigration Consultants (CSIC) had been tasked to regulate immigration and citizenship consultants to provide protection for immigration and citizenship applicants. This came as a result of numerous reports over the years of immigration consultants who made unrealistic promises and charged exorbitant fees, engaged in people smuggling, issued fraudulent documents, the consequences of which can be so severe such as fines, imprisonment or being barred from entry to Canada, which the applicant will bear ultimately. In June 2010, Bill C-35, an Act to amend the Immigration and Refugee Protection Act (IRPA), was introduced. Bill C 35, makes it an offence for anyone other than an Authorized Representative to offer immigration services for a fee or other consideration, at any stage of an application. Under the law, only the following can be considered Authorized Representative: (a) Immigration consultants who are members in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC). (b) Lawyers and paralegals who are members in good standing of a Canadian provincial or territorial law society, and (c) Notaries who are members in good standing of the Chambre des notaires du Québec. However, third parties such as family members, friends, non-governmental or religious organizations will still be allowed to act on your behalf provided they are not paid representatives. AAMAC, with its Canada-based and ICCRC-certified immigration consultant partner, is fully authorized to represent any of its applicants under the Live-in Caregiver Program. Together, we provide consultancy services beyond the completion of application forms and scrutinizing completeness of documentary requirements such as educational and employment credentials, police clearance certificates, medical reports. We are there to mediate when unforeseen issues arise that would otherwise jeopardize the approval of our applicants applications. We have proven this again and again in the past with many of our applicants who initially did not heed our instructions for a smooth sailing process. AAMAC has persevered for many of its applicants when other consultancy firms could have easily abandoned their cases and blame their denial to their non-compliance. A special mention has to be made regarding applicants who are seeking the representation of employment agencies in Hong Kong who do not qualify as Authorized Representative. By paying for their services, you are risking fraud and ultimate rejection of your application, and a possible ban on re-applying, by letting them handle your application. CIC has stepped up its efforts to check on all applicants return addresses including P.O. Boxes, IP addresses of computers used for sending online applications. Regardless of whether you are sending your application through any of the three options for filing: (1) through courier mail, (2) through Visa Application Center (VAC), or (3) Online, one thing is constant. You need an Authorized Representative. By courier mail is the standard and old way of filing an application. By experience, it takes several months before a response is received from CIC. Also, applicants have a very small chance to appeal in case there are issues that arise in their application. A relatively newer option is filing application through a Visa Application Center (VAC). VACs are responsible for reviewing applicants documents and initiating investigations as the case warrants. Compared to the old courier mail option, the time it takes for applicants to receive a response regarding their application is shorter. However, since it is not within VACs jurisdiction to approve or deny an application, it may take an extended period of time for a response to be received if there are issues in applicants’ documentation. This is because the case has to be forwarded to the CIC main office for referral and for a decision to be made. At this point, no appeal can be made by applicants regarding their case. The fastest method for applying these days is online. It only takes two to four weeks for applicants to receive their file numbers. Compared to the first two options, applicants have the greatest chance to appeal on their case when issues arise. It is the online application option that AAMAC prefers to use for its applicants.
Posted on: Wed, 19 Mar 2014 06:19:21 +0000
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