by Marina Falkina, VISANOW Canadian Immigration Specialist

Since April 2012, some important changes have been made with respect to who can conduct business with Citizenship and Immigration Canada (CIC) on Canadian immigration matters.

An Act to Amend the Immigration and Refugee Protection Act

With the introduction of Bill C-35 in June 2011, An Act to Amend the Immigration and Refugee Protection Act, the Parliament of Canada made it an offense for anyone other than an Authorized Representative to offer immigration services for a fee or other consideration, at any stage of an application or proceeding. Authorized Representatives include: members in good standing of ICCRC (known as Regulated Canadian Immigration Consultants “ RCICs), lawyers in good standing with a provincial or territorial law society, and notaries who are members in good standing of the Chambre des notaires du Quebec.

For complete details about Bill C-35, please visit CIC’s website.

Identifying the HR professional’s role

It is important to understand what, in accordance with Bill C-35, HR professionals may and may not do when it comes to Canadian immigration and visa applications.

HR professionals and their staff may:

  • Conduct job interviews;
  • Make offers of employment;
  • Review job applications;
  • Provide translation services;
  • Provide courier services;
  • Provide information on medical services;
  • Make travel arrangements.

HR professionals and their staff may not:

  • Explain or provide immigration advice;
  • Complete immigration forms on their client’s behalf;
  • Communicate with CIC/Canada Border Services Agency for a client;
  • Represent clients in an immigration application or proceeding.

NOTE: HR professionals may still complete Labor Market Opinion (LMO) applications with Human Resources and Skills Development Canada.

For more information regarding travel to Canada, obtaining the Labor Market Opinion (LMO) on behalf of a Canadian (or foreign) company, or employing the services of foreign workers, please contact us or check out our Canadian immigration page.

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