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Category Archives: Immigration Consultants

July 4, 2023

Foreign Education Loan in India – A Boon or Bane?

There are numerous government schemes, both at the central and state levels, that promote foreign education loans for Indian students aspiring to study abroad. Additionally, several major Indian banks are also offering favorable terms and conditions for these loans.

Recent data from the Reserve Bank of India (RBI) reveals that Indian parents have remitted a substantial amount of money for foreign education, indicating a growing trend. The total remittance includes fees for foreign education, financial gifts to children, and other expenses, amounting to a significant sum.

Given the increasing demand for foreign education, financial institutions are actively vying for a share of this market by providing education loans to Indian students.

However, it is essential to assess whether these loans are a blessing or a curse based on the success rate of Indian students in achieving their educational goals and the potential for career prospects and settlement abroad.

To understand the foreign education market, one must recognize that it is predominantly dominated by unregulated agents and consultants across India.

In the past, many Indian professionals who immigrated to various countries believed that studying abroad guaranteed a successful life. While this may have held true a decade or two ago, it is certainly not the case in 2023.

Historically, students primarily pursued master’s degrees abroad for a duration of one year at university-level institutions. During this period, the cost of education was manageable for families, and students often worked part-time jobs. After completing their master’s degrees, they were well-positioned to secure jobs, particularly in English-speaking countries like the USA and Canada.

However, the current trend in studying abroad extends beyond master’s degrees. Students now consider pursuing undergraduate studies, including postgraduate diploma programs, or enrolling in private colleges and universities. Unfortunately, many overlook crucial factors such as the cost of education, English language proficiency requirements, and relevant work experience in India.

Let’s consider an example of a typical middle-class Indian student aspiring to study abroad and settle in Canada or a similar country.

Several factors need to be considered:

  1. Foreign Education Cost Consideration: The cost of a typical four-year university education can range from 1 to 1.5 crores in terms of tuition fees and related expenses. This financial burden is often unaffordable or undesirable for many families. As a result, these students and parents are lured into pursuing the “foreign dream” by opting for private or semi-private colleges, which offer education similar to Indian polytechnic or diploma programs. The cost of education in such institutions ranges from 8 to 15 lakhs, significantly lower than that of universities.

 

  1. English Language Consideration: Many students aiming to study abroad face challenges with English language proficiency for various reasons. Consequently, the demand for English language classes has grown in India. Low scores in English language proficiency tests often hinder Indian students’ admission into university programs, whether they have completed their 12th grade or hold three or four-year bachelor’s degrees. These students are then redirected to the aforementioned private or semi-private foreign colleges.

 

  1. Rushing Abroad without Indian Work Experience: The prevalent belief that studying abroad guarantees a successful future has led students, parents, teachers, professors, and career counsellors to advise immediate relocation. Unfortunately, much of this advice fails to consider the crucial aspects of studying abroad, settling, and understanding the immigration rules of the respective countries.

Now, let’s examine the immigration systems of the three most popular destinations for studying and settling abroad: Canada, Australia, and New Zealand.

These countries’ immigration processes typically involve criteria and point-based systems. If applicants meet or exceed a certain score threshold, they become eligible for permanent immigration.

The criteria for permanent immigration generally include the following factors:

  1. Education in India and abroad
  2. Age
  3. Minimum 1 to 4 years of relevant work experience in India and abroad
  4. English language proficiency score
  5. Blood relatives residing in the respective countries
  6. Job offer from a company
  7. Spouse’s education, work experience, and fluency in the English language

The strong belief among Indian students and parents that studying abroad guarantees a successful life is often fuelled by unregulated agents and consultants. These agents promise low-cost education, admission with low English language proficiency scores, and no requirement for prior work experience in India.

Unfortunately, these three factors can lead to disastrous career outcomes for Indian students. They struggle to find employment related to their education, face challenges with English language proficiency, and realize that the courses they pursued are not in demand in their host countries. These factors collectively hinder their job prospects, immigration prospects, and ability to settle abroad.

Foreign education loans obtained from Indian financial institutions can become a curse rather than a blessing for students and parents. When students are unable to secure employment or immigration status in their host country their families in India are unable to repay the loan EMIs, which can result in financial hardship, leading to the loss of family property.

It is alarming to note that in the past 3-4 years, a significant number of Indian students in Canada have resorted to extreme measures such as suicide, falling victim to immigration fraud, or engaging in criminal activities due to the inability of their Indian families to support them.

Similarly, studying in the USA can lead to disappointment for many students as they face challenges in obtaining an H1B visa. Moreover, the waiting period for a USA green card for Indian students as of July 2023 is 12-20 years, and without an increase in the green card quota by the US government, this waiting time may further escalate.

Consequently, studying and settling abroad should be a decision made after carefully exploring ALL available options rather than rushing into a foreign country without considering the long-term implications.

About the Author:

The author of this article/blog is Prashant Ajmera, an Indian immigration lawyer and the founder of Ajmera Law Group. He has been a Canadian citizen for the past 30 years and is also the author of two books: “Millionaire of the Move” and “How to Plan for Your Child’s Foreign Education: Myth vs. Reality”.  He has been assisting and advising Indian businessmen to establish businesses in Canada since 1993.  Consult us

June 16, 2022

Why hiring the services of an immigration lawyer in India is always more prudent than hiring the services of an immigration consultant or agent in India?

When it comes to advice for immigration, visa, and foreign travel, most Indian citizens resort to consulting their travel agents and, more recently, to immigration and student visa consultants. These professionals are not regulated and licensed in India. However, they may be associated with some professional association that does not regulate them.

This has resulted in a large number of immigration and visa frauds in India which we hear and read regularly in print and online media. As per the Ministry of Foreign Affairs’ statement in the Parliament, the Indian government officially receives two complaints per day related to immigration and visa fraud.

It is interesting to note that though Indian citizens spend almost US$17 billion (Rs. 132,832 crores) annually on foreign education and travel, the Indian government has yet to take any concrete steps to regulate travel, immigration, and visa agents. This is a big disservice to unsuspecting citizens who become easy prey for unscrupulous visa agents and consultants because there is no professional or legal entity to hold them accountable.

Hence it is important that every person decides whether it is sensible to seek counsel from an immigration lawyer in India or from an immigration/visa consultant.

Here are some important facts that will help you decide:

 

  1. In India, only Indian lawyers are allowed to dispense advice on legal matters, including immigration and visa.
  2. Lawyers are regulated by law and regulatory bodies and are required to maintain high ethical standards.
  3. Only experienced immigration lawyers in India have the necessary knowledge of Indian and foreign laws that govern the terms and conditions of immigration and visa of another country.
  4. Immigration is a legal matter related to the pertaining acts and rules of the respective country. Hence lawyers specializing in immigration of a particular country are most suitable to provide counsel. They are also authorized to represent foreign nationals.
  5. All information and documents belonging to an individual and/or company are protected by a confidentiality agreement between the client and the lawyer.
  6. Travel agents, student visa agents and immigration consultants are not regulated in India. Hence, in case of fraud, the only recourse available is to file a police complaint.
  7. When you hire an US immigration lawyer, he/she will always act in your best interests because there is no commission or share involved from a third party.
  8. On the other hand, student visa agents and immigration consultants may not act in your best interests as they get a commission from the fees you paid to a foreign education institute, from the project you invested in for EB-5 investor visa, or from a real estate deal in case of for residency and citizenship by investment. Hence they will always try to influence your decision.
  9. Most immigration consultants and agents in India consult immigration lawyers in India or US immigration attorney in India when matters become complex and complicated.
  10. The immigration departments of different countries give credence to legal opinions provided by lawyers only.
  11. If you are looking for a job offer or work visa in a foreign country, always consult foreign recruitment agents who are licensed by the Ministry of External Affairs.
  12. The data published by the Government of Canada shows that cases filed by immigration lawyers have a higher success rate than cases filed by immigration consultants.
  13. As per the Supreme Court of India’s judgment dated March 2018, foreign immigration lawyers are not allowed to open an office or visit India frequently to promote their practice. Hence in the event, you wish to hire the services of a foreign immigration lawyer, you should do it with the help of an Indian lawyer who can protect your rights.

Read the Supreme Court of India’s judgment here  | Read RBI Notification here

 

August 4, 2021

In its 2018 judgment, the Supreme Court of India made several observations regarding the rights of foreign lawyers or law firms to practice/operate in India.

Here are some observations from the said judgment:

1. Thus, we uphold the view that the practice of law includes litigation as well as non-litigation (Para 39).

2. The prohibition (to practice law in India) applicable to any person in India, other than the advocate enrolled under the Advocates Act, certainly applies to any foreigner also (Para 40).

3. The plea that a foreign lawyer is entitled to practice foreign law in India without subjecting himself to the regulatory mechanism of the Bar Council of India Rules can also be not accepted (Para-41).

4. We uphold the view of the Bombay High Court and Madras High Court in para 63 (i) of the judgment to the effect that foreign law firms/companies or foreign lawyers cannot practice the profession of law in India either in the litigation or in non-litigation side (Para-41).

5. Visit of any foreign lawyer on a fly-in and fly-out basis may amount to practice of law if it is on regular basis (Para-44).

6. If in pith and substance the services amount to practice of law, the provisions of the Advocates Act will apply and foreign law firms or foreign lawyers will not be allowed to do so (Para-46).

In view of the above observations made by the Supreme Court of India in its judgment, Advocate Prashant Ajmera was interviewed by EB-5 Investors Magazine regarding the impact of this judgment on the EB-5 industry and residency and citizenship practice in India.

To read this complete article on EB5 Investor magazine click here

July 12, 2021

Until 2003, immigration consultants and agents were not regulated in Canada. The Canadian immigration department invited a group of immigration agents and consultants to form a self-regulated organization. Most of the leading agents and consultants in this group were former immigration officers. Only a few of them were lawyers.

To judge their English language proficiency, aspiring immigration consultants were required to take the IELTS examination. A six-month training course, followed by a short examination, was also introduced for these consultants. With this process in place, new immigration consultants were granted a license all over Canada.

However, within a couple of years, the initially formed immigration consultants’ association was dissolved and a new association was formed. https://iccrc-crcic.ca/

As per several Canadian media outlets, the presently operational immigration consultants’ association has failed to rein in widespread immigration fraud in Canada, which was the main objective of forming this regulatory organization. There is a possibility that a new licensing body may be launched by the Government of Canada to regulate immigration consultants practicing Canadian immigration and visa law.

If we look closely at the membership list of licensed Canadian agents and consultants, very few of them are former immigration officers. There are also very few members with a legal background having a sound understanding of Canadian immigration law.

After undertaking to take a short six-month study program and examination, anyone can become a licensed Canadian immigration consultant. This is likely to make most immigration consultants average advisors and not experts in every area of immigration law. Hence one needs to be very careful while choosing the right immigration consultant.

Similar is the case in Australia (https://www.mara.gov.au/) and New Zealand (https://www.iaa.govt.nz/) for licensed immigration consultants and agents.

These licensed consultants who have obtained licenses from Canada, Australia or New Zealand operate offices in India or appoint unregulated agents and practice immigration law in India.

This is in violation of the Indian Advocate Act 1961.

As per this Act and the Supreme Court of India’s judgment, only licensed Indian lawyers and advocates can practice law, including foreign law and immigration and visa law, in India.

Presumably, not being aware of this law, the Australia and New Zealand Immigration Consultants’ Associations have issued licenses to Indian citizens (who are not Indian lawyers) to practice their respective country’s immigration and visa law in India, thereby violating the Indian Advocate Act 1961. They are also in contempt of the Supreme Court of India.

This Indian Advocates Act 1961 and the Supreme Court of India’s 2018 judgment, makes one point very clear – that all Indian immigration consultants, who have not licensed lawyers or advocates in India, and who dispense legal advice on immigration and visa matters (visitor visa, student visa, work permit, permanent or business immigration) of any country to the Indian citizens in India are violating the Indian law.

In the event one is defrauded or cheated by an immigration agent or consultant, the person can file a complaint to their respective regulatory authority against the said consultant/agent. One important aspect to consider is whether the fraud was committed in India or in a foreign country and whether any legal action can be taken against the said immigration consultant/agent.

In such a scenario, the only option available to Indian citizens is filing a police complaint, which may not be very effective and may not give desired results.

So before you hire a licensed immigration consultant/agent, be extremely careful. Check their backgrounds thoroughly and obtain references from them before entrusting your hard-earned money and hopes to them.

Read the Supreme Court of India’s judgment here  | Read RBI Notification here