What is the difference between an immigration lawyer and an immigration consultant?
Both immigration lawyers and Regulated Canadian Immigration Consultants (RCICs) are authorized to represent people before IRCC and some immigration tribunals. Immigration is federal, and both types of representatives operate under federal regulatory frameworks when dealing with IRCC. The difference lies in their training, licensing, and the scope of services they can provide.
Immigration lawyers are licensed by a provincial law society — in Ontario, the Law Society of Ontario. They are lawyers who have completed law school, articled, and passed the bar. Lawyers can appear before courts, including the Federal Court for judicial review, which is often critical in complex or refused cases. Lawyers are also bound by the Law Society of Ontario's professional conduct rules.
RCICs are regulated by the College of Immigration and Citizenship Consultants (CICC), a federal body. They can prepare and submit applications and appear before some IRB divisions. They cannot appear in Federal Court. RCICs are appropriate for many standard applications where legal issues are minimal. If your situation involves a refusal, appeal, criminal inadmissibility, fraud allegation, or Federal Court proceeding, you likely need a lawyer. Be cautious of anyone offering immigration advice who is not a lawyer or RCIC — unauthorized immigration advice is illegal in Canada and a common vector for fraud.
Key takeaways
- Both immigration lawyers and RCICs can represent clients before IRCC
- Only lawyers can appear at Federal Court for judicial review
- Complex or refused cases, criminal inadmissibility, and appeals typically require a lawyer
- Anyone offering immigration advice who is not a lawyer or RCIC is acting illegally