Your immigration application may be the most important paperwork you ever file. Your ability to study, work, reunite with family, or stay in Canada can depend on how it’s handled – which makes choosing the right representative one of the most consequential decisions in the process.

Yet many people don’t realize that “immigration consultant” and “immigration lawyer” are not the same thing.

With new federal regulations taking effect on 15 July 2026 to strengthen oversight of immigration consultants, now is a good time to understand the difference – and how to protect yourself from fraud and misconduct.

Who is legally allowed to represent you?

Under section 91 of the Immigration and Refugee Protection Act (IRPA), only certain people can legally charge a fee to represent or advise you on a Canadian immigration or citizenship matter:

• Lawyers who are members in good standing of a provincial or territorial law society (and Quebec notaries);
• Regulated Canadian Immigration Consultants (RCICs) who are licensed by the College of Immigration and Citizenship Consultants (CICC);
• Paralegals licensed in Ontario.

Anyone else who charges you for immigration advice or representation – a travel agent, an “agent” overseas, a well-meaning acquaintance – is acting illegally.

These unauthorized representatives, often called “ghost consultants,” are a leading source of immigration fraud, and applications they touch can be refused or even lead to findings of misrepresentation against you.

What’s the difference between a consultant and a lawyer?

Both can be legitimate, authorized representatives. The differences lie in training, regulation, and what they’re permitted to do.

• Education and licensing: Immigration lawyers complete a law degree, article or complete an equivalent licensing process, pass bar examinations, and are regulated by a law society – in Ontario, the Law Society of Ontario. Consultants complete a graduate diploma program in immigration consulting and pass a licensing exam administered by the CICC.
• Scope of practice: Both lawyers and RCICs can prepare and submit applications to IRCC and communicate with the government on your behalf. Consultants with a specialized licence class can appear before the Immigration and Refugee Board. However, only a lawyer can represent you in Federal Court. If your application is refused and your best remedy is a judicial review – often the last line of defence – a consultant cannot take you there. You would need to find a lawyer at the most stressful point in your case, and your new counsel would be starting from scratch.
• Legal analysis: Lawyers are trained in statutory interpretation, evidence, and advocacy. For straightforward applications, that may not matter much. For anything involving inadmissibility, procedural fairness concerns, refusals, refugee claims, or novel legal questions, it can make all the difference. You can read more about how we handle refused applications on our Immigration Litigation page.

What’s changing on 15 July 2026?

The federal government has introduced the most significant update to consultant regulation since the CICC opened in 2021. The new regulations:

• Strengthen CICC’s complaints and discipline process, with significantly higher financial penalties for consultants who violate professional standards.
• Create a compensation fund to reimburse people who suffered losses because a licensed consultant committed a dishonest act on or after 23 November 2021.
• Expand the CICC’s public register, which will display substantially more information about each consultant starting in April 2027.
• Give the federal government stronger oversight powers over the CICC itself

These are welcome changes that respond to real, documented harm. Just days before the regulations took effect, the CBSA laid criminal charges against two Ontario men accused of defrauding international students of an estimated $126,000 through false promises about tuition payments.

How to protect yourself

Whoever you choose to work with, take these steps before signing anything or paying any money:

1. Verify their licence: Check lawyers on their law society’s public directory (in Ontario, the LSO directory) and consultants on the CICC’s public register. If they’re not listed, walk away.
2. Get a written retainer agreement setting out the services, fees, and your rights.
3. Never sign blank forms and never let a representative tell you to lie or omit information – misrepresentation can bar you from Canada for five years.
4. Make sure their name appears on your application: Authorized representatives must disclose themselves to IRCC using the Use of Representative form. A representative who insists on staying invisible is a ghost consultant.
5. Be skeptical of guarantees: No honest lawyer or consultant can promise you a visa, “special connections,” or guaranteed timelines.

The bottom line

Many consultants serve their clients well. But if your case involves complications – a prior refusal, an inadmissibility issue, a refugee claim, or the possibility of ending up in Federal Court – the training and full scope of practice of an immigration lawyer offer protection a consultant simply cannot provide.

At Kabir & Alam, we’re Toronto immigration lawyers who handle everything from first applications to Federal Court litigation. If you’d like an honest assessment of your situation, book a consultation with our team.

Disclaimer: This article is for general information purposes only and does not constitute legal advice. Immigration law and IRCC policy change frequently. For advice about your specific situation, please consult our team.