Immigration & Settlement Law
Canadian Immigration and Settlement Law is governed directly by the Immigration and Refugee Protection Act (IRPA) and overseen by the College of Immigration and Citizenship Consultants (CICC). Common disputes include fraudulent LMIA job offers, unlawful guarantees of permanent residency, illegal withholding of identity documents, and unreturned retainer funds.
Key Governing Statutes & Provisions
Immigration and Refugee Protection Act (IRPA)
Prohibits unlicensed representation for consideration; establishes severe criminal penalties for misrepresentation and falsification of documents.
CICC Code of Professional Conduct Regulations
Mandates strict trust account accounting, bans guarantees of success, and enforces fiduciary duty toward clients.
Common Dispute Scenarios & Statutory Remedies
A consultant demands $40,000 CAD cash for an "LMIA job allocation" without formal invoices or written retainer agreements.
Section 91 IRPA and provincial worker protection laws strictly prohibit charging prospective workers for employment or LMIA placement.
Cease communication immediately; preserve all chat logs, emails, and bank slips; file reports with CAFC and CICC.
Client deposited retainers, but the consultant went silent or unilaterally withdrew immigration filings without consent.
Gross breach of fiduciary duties under CICC Code and actionable breach of contract in civil court.
Issue a formal legal Demand Letter, file a discipline complaint with CICC, and commence a Small Claims Court claim.
When is Formal Legal Intervention Essential?
- •Upon receipt of a Procedural Fairness Letter (PFL) from IRCC alleging misrepresentation or document fraud.
- •When facing threats of deportation or visa cancellation intended to coerce unpaid or forced labour.
- •When initiating civil litigation to recover misappropriated investment or immigration retainer funds.
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