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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:

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 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.

8. Most immigration consultants and agents in India consult immigration lawyers in India or US immigration attorney in India when matters become complex and complicated.

9. The immigration departments of different countries give credence to legal opinions provided by lawyers only.

10. 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.

11. 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.

12. 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.

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.

Prashant Ajmera & Associates

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