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移民部严打海外无牌移民顾问,57人被拒

来自:刘努努NEW 0 0 2017-02-20

加拿大联邦移民部最近严打海外无牌移民顾问,一次性拒绝了57名中国人的移民申请,这些人全部经由北京一间公司提交申请。..

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目前这57名被拒者已经集体上诉到加拿大联邦法院,并称他们聘请的北京飞出国签证工作室,只是做了翻译和文书服务,该公司并不是他们授权的合法代表。


据《多伦多星报》获悉,北京和香港的加拿大签证中心近期拒绝了大批雇请中国无牌顾问公司的申请人。


加拿大《移民和难民保护法》规定,只有经许可的加拿大律师和移民顾问,拥有加拿大移民顾问管理协会( Immigration Consultants of Canada Regulatory Council)颁发证书,才能收费提供移民咨询和服务。


申请人还要签署一份表格,提供移民申请代表的信息。


这些被拒申请人提出上诉后,法庭的裁决将判定:是否要求申请人声明,他们聘用的无牌顾问是准备申请材料,不直接与移民官打交道。


其中一名被拒者说,他在2014年就支付给飞出国公司$6,000元,用于准备申请。他说,自己从未到过北京这间公司,所有联系都是通过电话或电邮。


当收到移民部的拒绝信,他很震惊。


“我们根本不知道有关法律或授权表格。我们只是签字,然后发回给飞出国,他们帮我们寄申请。”

这位要求匿名的男子是30多岁的工程师,他说,在国内,只要在百度上搜索“加拿大移民”,就全是这些中文的移民咨询网站。


飞出国公司负责人张红霞(Zhong Hongxia,音)说,这间公司于2007年成立,只提供翻译服务,虽然网站上有很多移民信息和从加拿大移民部网站翻译成中文的内容。


她在电邮中说:“除了翻译,我们也会告诉客户如何准备移民材料,我们做的并不违法中国法律或加拿大法律。”


飞出国网站上也有移民澳大利亚、新西兰、美国,以及加拿大魁北克省的信息。


张红霞说,所有客户需要的帮助是整理材料,有没有得到协助,都不改变他们的申请资格。


位于安省Aurora的持牌顾问Vincent表示,一间加拿大移民顾问公司到中国开公司会非常困难,包括执照和注册的成本,就高达$40万元。这就给无牌顾问制造了机会。


联邦移民部拒绝提供因聘请非授权顾问公司而被拒绝的申请人的数量。


移民部发言人说,加拿大政府严格对待任何入籍或移民欺诈,不论是在加拿大还是在其他国家,移民部不会与未经授权的移民代表打交道。


“想要移民加拿大,并不需要聘请顾问或代表。这些移民顾问不会得到特别关照,也不能担保你的签证、许可或公民证能获批。”


代表57名被拒者的多伦多移民律师Max Chaudhary表示,移民官拒绝的理由是出于怀疑而非证据,他说:“申请人使用了飞出国提供的翻译和快递服务,没有证据显示提供了法律建议。这种一刀切做法没有证据依据。”


加拿大移民顾问管理协会的发言人则表示,不论聘请什么顾问,消费者都要为自己的决定负责,该协会也不会为聘请无牌顾问的人负责。


林姓华裔持牌移民顾问表示,现在的无牌顾问现象非常严重,不单单是在中国,在加拿大也是如此。林姓移民顾问说,持牌移民顾问要通过学习、考试等程序才能拿到牌照,拿到牌照后每年还有牌照费、保险费、训练费、书本费等各种费用,以前这些费用高达每年万元,现在降低了一些,每年也要三四千元。


所以持牌移民顾问的生意被很多无牌顾问抢走,因为在费用上二者无法公平竞争。林姓移民顾问举例说,持牌移民顾问代客户写信给移民部要收费250元,而有的人只收10元就可以写,但其中的质量可能就有天壤之别了。


现实是有些客户只一味考虑少花钱而不考虑其中的风险,一旦出了问题悔之莫及,因为那时就不是一点钱的事了,而是无法弥补的时间和可能导致的终生遗憾。


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Immigration Department cracks down on unlicensed ‘ghost’ consultants in China

[size=1.1]In one of its biggest crackdown on unlicensed consultants, Ottawa has rejected applications filed from a single address of a company in China.
In what’s believed to be Canada’s biggest crackdown on unlicensed “ghost” consultants operating abroad, Ottawa has rejected en masse dozens of immigration applications filed from the address of a company in China.
A group of 57 of the rejected applicants has already filed an appeal to the Federal Court of the Immigration Department’s decision, claiming they hired Beijing-based Flyabroad for its translation and clerical services, and that the firm was not their authorized legal representative.
Clients of Flyabroad are among a growing number of immigration applicants flagged and rejected by Canadian visa posts in Beijing and Hong Kong for employing the services of unregistered consulting firms in China, the Star has learned.
The Immigration and Refugee Protection Act stipulates that only licensed Canadian lawyers and immigration consultants registered with the Immigration Consultants of Canada Regulatory Council can offer immigration advice and services for a fee.
Applicants must sign a form and provide details of the person who serves as the representative and who will conduct business on the applicant’s behalf — one way for immigration officials to flush out ghost consultants.

The court challenge by the former Flyabroad clients raises the question of whether an immigration applicant is required to declare the use of an unauthorized consultant who prepares an application package but doesn’t deal directly with immigration officials.
Flyabroad says it offers translation services, that its services are legal in Canada and China, and that it's website offers general information about immigrating to Canada.
“We have never seen something like this where so many applications were rejected all at the same time. Instead of going after the unregistered consultants, they are going after the applicants,” said Toronto immigration lawyer Aadil Mangalji, who is not involved in the case. “This should make people really wary of who is doing their application.”


In a letter to the rejected applicants, Canadian visa offices said the applicants were “inadmissible” because they had used an unauthorized immigration representative without submitting the use of a representative form, which constitutes “misrepresentation.”
One rejected applicant, an engineer, said he paid Flyabroad $6,000 to prepare his application in 2014 because it was easier to hire someone to do the tedious application for him. The man, in his mid-30s, said all the communication was conducted by phone or email, and he never set foot in the company’s Beijing office.
“I was shocked when I got the immigration letter. We didn’t know about the law or the authorization form. We just signed the documents, sent them back to Flyabroad, and they mailed it out for us,” said the man, who asked not to be identified for fear of repercussions.
“In China, we couldn’t access some sites or search under Google. When we go on Baidu (a Chinese search engine) and search for ‘Canada Immigration,’ all these Chinese consulting sites come up. I hope Canada would give us a second chance,” added the man, who is not part of the litigation.
Zhang Hongxia of Flyabroad said the firm was established in 2007 and only offers translation services, although it has an online bulletin board that provides immigration information and guidance with content translated into Chinese from the Immigration, Refugees and Citizenship Canada website.
“It is true beside translation services, we also tell some clients how to prepare immigration documents, such as how to apply for education credentials in a faster way, how to apply for notarization, what documents to provide to support their working experience,” Zhang said in an email. “What I do neither violates Chinese law nor Canadian law.”
Flyabroad’s website also includes immigration information for Australia, New Zealand, the United States and specifically for Quebec. Zhang refused to say how many Canadian immigration applications her company has assisted since its operation.
Zhang said all the clients need is help organizing documents. “With or without assistance during their application process, it will change nothing about their qualification,” she wrote.
Vincent Li, a licensed consultant based in Aurora, said it is cumbersome for Canadian consulting firms to obtain approval to start a company in China. The startup, including licensing and registration, could cost up to $400,000, he said, hence it creates the opportunity for unregistered consultants.
Li said he is aware of clients of other unregistered Chinese consulting firms rejected by Canadian immigration for misrepresentation under similar circumstances.
“There is little enforcement in China against these ghost consultants. A lot of the people (clients) there are not aware of the Canadian law,” said Li, who has been retained by some of Flyabroad’s former clients. “Yet, they are paying the price for it.”
The Immigration Department said it couldn’t provide the number of applications rejected for the use of unauthorized consultants or for misrepresentation.
“The Government of Canada takes any kind of citizenship or immigration fraud seriously. Immigration, Refugees and Citizenship Canada does not deal with non-authorized citizenship and immigration representatives in Canada or from abroad,” said department spokesperson Carl Beauchamp.
“A person who wants to come to Canada does not need to hire a representative. Citizenship and immigration representatives are not given special attention or special access to (Immigration Department) programs and services and no one can guarantee someone a visa, permit or citizenship.”
Toronto immigration lawyer Max Chaudhary, the lead counsel for the 57 Flyabroad clients, said immigration officials based their decision to reject his clients on suspicion rather than evidence.
“My clients used Flyabroad’s translation and courier services, but there’s no evidence of legal advice. It’s an overkill that’s not commensurate to the evidence,” said Chaudhary.
Daniel Roukema, a spokesperson for the Immigration Consultants of Canada Regulatory Council, said the professional regulator only has jurisdiction to police its members and no authority over ghost consultants abroad.
“At the end of the day, whether you are retaining a consultant or dentist, the consumer is responsible for making the right decision,” he said. “We are not accountable to people who hire unauthorized representatives.”

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