Unauthorized agents or consultants (who are paid for their services) are not permitted to represent you before Canada Immigration. Currently the only people who are authorized to charge a fee and act as counsel or agent for their immigration services are:

• Lawyers who are members in good standing of a provincial or territorial law society
• Consultants who are members in good standing of the Canadian Society of Immigration Consultants
• Notaries who are members in good standing of the Chambre des notaires du Québec

In spite of the above, there are still many consultants who sell their services for immigration matters. Many of these individuals have received little or no training. They often lack the experience necessary to deal with the complexities of an immigration matter. In addition, they are not regulated by any governing body. There are also many instances where unauthorized consultants have charged fees for which little or no services have actually been provided.

Linda Mark, Barrister & Solicitor is a member in good standing of the Law Society of British Columbia, Canada and is therefore authorized to represent you to the Government Canada. Linda Mark also has more than 20 years of experience practicing Canadian Immigration Law.

There are significant changes with respect to work permits in Canada. These rules affect the issuance of labour market opinions and work permits for new and existing foreign workers in Canada. As of April 1, 2011, Service Canada and Canada Immigration are assessing the following additional issues:

• The genuineness of the job offer – Officers will assess whether the employer is actively engaged in the business concerned, whether the job offer is consistent with the employment needs of the employer and whether the employer will be able to fulfill the terms of the job offer
• The employer’s past compliance with rules governing foreign workers – Officers will determine whether the employer has provided wages, working conditions and job duties as outlined in previous labour market opinions. If an employer has not complied with previous contracts with foreign workers, not only will applications be refused, but employers may be unable to qualify for any future applications for foreign workers for a period of two years
• Inconsistency with federal/provincial territorial agreements – Officers will assess whether the issuance of the work permit is consistent with terms of a federal/provincial agreement relating to employers or the employment of foreign nationals.

In addition to the above, many foreign workers will only be permitted to work in Canada for a maximum of four years. If foreign workers are not permanent residents within that time, they may be required to return to their country for several years before being eligible to return to Canada on another work permit.

These changes are significant and will require legal assistance not only for employers but for new and existing foreign workers. Mark & Company Law Corporation can assist in assessing and preparing applications for foreign workers.