Immigration Lawyer vs RCIC: Who Can Legally Advise You?
Under IRPA s.91, only a lawyer or paralegal in good standing with a law society, a Quebec notary, or a member of the College of Immigration and Citizenship Consultants (CICC) may represent or advise you for a fee. A lawyer can represent you at the IRB and in Federal Court. A consultant cannot appear in Federal Court and needs the RCIC-IRB licence class to appear at the IRB.
Who may represent or advise you for a fee?
Under IRPA section 91, it is an offence for someone to represent or advise you for a fee unless they belong to one of a few authorized groups. The same rule applies to advice given before an application is even submitted.
The authorized groups are:
- A lawyer who is a member in good standing of a provincial or territorial law society.
- Any other member in good standing of a Canadian law society, including a paralegal.
- A Quebec notary who is a member in good standing of the Chambre des notaires du Québec.
- A member in good standing of the College of Immigration and Citizenship Consultants (the College, or CICC).
- A student-at-law acting under the supervision of a lawyer or Quebec notary.
The key words are "for consideration." The rule targets people who charge a fee or receive some other benefit. If someone other than you pays the representative, they still count as a paid representative.
A friend, family member, or non-profit organization can assist you without being a member of any regulator, as long as they do not charge a fee or receive other consideration. ClearToEnter is not a law firm or a consultancy and does not represent anyone.
The rule
No person may knowingly represent or advise a person for consideration (payment), or offer to do so, in connection with a Canadian immigration application or proceeding, unless they are an authorized representative.
What is an immigration lawyer licensed to do?
An immigration lawyer is licensed by a provincial or territorial law society and can practise law, which includes giving legal advice, preparing applications, and representing you in immigration matters.
Lawyers can also represent you at the Immigration and Refugee Board (IRB) and in the Federal Court, including on appeals and judicial review. In the Federal Court, only a lawyer (or you yourself) may act.
Lawyers answer to their law society’s complaints and discipline process.
What is an RCIC licensed to do?
A Regulated Canadian Immigration Consultant (RCIC) is a member in good standing of the College of Immigration and Citizenship Consultants (CICC). The College is the national regulator created by federal law to license and oversee immigration and citizenship consultants.
CICC replaced the former Immigration Consultants of Canada Regulatory Council (ICCRC), which was continued as the College on November 23, 2021, so older references to an "RCIC" or "ICCRC member" point to the same profession now overseen by the College.
A licensed RCIC can advise you and prepare and submit applications for a fee. A consultant needs the College’s RCIC-IRB licence class to appear before the IRB, and cannot represent you in the Federal Court. RCICs must carry professional liability insurance and answer to the College’s code of professional conduct and complaints process.
Can you apply without a representative?
Applying on your own is always allowed and is free apart from the government fees. IRCC application guides, document checklists, and forms are published online at no cost, and IRCC says you are not obliged to hire a representative.
IRCC also says it treats everyone equally, whether or not they use a representative. A represented application gets no special attention, faster processing or more favourable outcome.
How is a representative officially appointed?
To let a representative communicate with IRCC and act on your behalf, you generally complete the Use of a Representative form (IMM 5476) and submit it with your application, naming the person and their regulator membership where applicable. You can change or cancel a representative later by submitting an updated form.
IRCC counts as a representative anyone who gives you advice or guidance at any stage of the application process, before or after you apply. Once you appoint a representative, they receive all correspondence from IRCC or the Canada Border Services Agency, not you, and you can appoint only one representative at a time for each application.
You are responsible for everything in your application even if someone else fills it in. False information can lead to a misrepresentation finding under IRPA s.40.
How do you check that a representative is licensed?
Before you pay anyone, confirm they are licensed, and confirm it yourself from the official source rather than trusting a logo, a certificate on a wall, or a claim on a website. For a consultant, search the CICC public register of members.
For a lawyer or paralegal, check the directory of the relevant provincial or territorial law society. IRCC notes that paralegals are licensed in Ontario only, by the Law Society of Ontario. For a Quebec notary, check the Chambre des notaires du Québec.
An unauthorized or "ghost" consultant is someone who charges to advise or to fill out forms but is not licensed, or who tells you to hide their involvement and sign as if you did all the work alone. This is against the law under IRPA section 91. It can put your application and your status at risk, including a refusal or a finding of misrepresentation.
Warning signs worth taking seriously:
- A guarantee of approval or of a faster decision (no one can promise this).
- Pressure to provide false information or fake documents.
- A refusal to be named on your Use of a Representative form.
- Payment demanded only in cash with no written contract or receipt.
- Someone who will not give a verifiable membership number.
Which free tool checks your own case?
- Pathway ExplorerWhich programs to read about, from a few answers
- Admissibility ExplorerThe IRPA admissibility grounds, one question at a time
Free, with no account. What you enter in a tool stays in your browser.
What do people ask?
Immigration lawyer vs RCIC: what is the difference?
A lawyer is licensed by a provincial or territorial law society, can give legal advice and can represent you at the Immigration and Refugee Board and in Federal Court. An RCIC is licensed by the College of Immigration and Citizenship Consultants and can advise and prepare applications for a fee, but needs the College’s RCIC-IRB licence class to appear before the IRB and cannot represent you in the Federal Court. Both are authorized representatives under IRPA s.91, which sets out who may charge.
Should I hire an immigration lawyer or an RCIC?
It depends on your facts. An RCIC can suit a routine application such as a study permit, work permit or Express Entry profile. A lawyer can suit inadmissibility, a refusal you want to challenge, an appeal or a Federal Court case, where only a lawyer (or you yourself) may act. Our Criminal Inadmissibility (IRPA s.36) guide shows the kind of case where legal analysis matters.
How do I find a licensed RCIC or immigration lawyer near me?
Use the official registers, not a logo or an ad. For a consultant, search the public register of the College of Immigration and Citizenship Consultants. For a lawyer or paralegal, check the directory of your provincial or territorial law society, and for a Quebec notary, the Chambre des notaires du Québec. Confirm the person is a member in good standing before you pay. IRPA s.91 makes paid advice from anyone else an offence.
Do I have to hire a lawyer or consultant to immigrate to Canada?
No. You can prepare and submit your own application using IRCC’s official guides and forms, paying only the government fees. IRCC says you are not obliged to hire a representative and that it treats everyone equally, with or without one. Paid help is optional, but anyone you pay must be authorized under IRPA s.91. Our Document Checklist tool helps you build the list of papers for a do-it-yourself application.
Is it legal to pay an unlicensed person to fill out my forms?
No. Under IRPA s.91, charging a fee to represent or advise on an immigration application is an offence unless the person is a lawyer, paralegal, Quebec notary or CICC member in good standing. A "ghost" consultant who hides their role can also put your application at risk, including a refusal or a misrepresentation finding under IRPA s.40. Our Denied Entry to Canada guide covers what misrepresentation can cost.
Can a friend or family member help me with my application for free?
Yes. Unpaid help from a friend, family member or non-profit is allowed, and they do not need to belong to a law society or the CICC, because IRPA s.91 applies only to people who charge a fee or receive other consideration. If an unpaid helper will communicate with IRCC for you, name them on the Use of a Representative form (IMM 5476).
What is Form IMM 5476 (Use of a Representative)?
IMM 5476 is the IRCC form you use to appoint a representative, paid or unpaid, so they can communicate with IRCC and act for you. It names the person and, for a paid representative, their regulator and membership number. An updated form changes or cancels the appointment, and you can appoint only one representative at a time for each application. If a paid representative you appoint is not in good standing with a law society, the Chambre des notaires du Québec or the College, IRCC returns the application. IRPA s.91 is the rule behind the form.
Will a lawyer or consultant get my application approved or processed faster?
No. A representative cannot promise approval and cannot speed up processing. IRCC officers and, where applicable, the courts decide each case on the law and the evidence, applying the same rules with or without a representative. A good representative can help you file a complete and accurate application, but the decision is never theirs. Our IRCC Processing Delays Explained guide covers what does affect timing.
Part of:Immigrating permanently
- Can You Buy an LMIA? The Law on LMIA Fraud
- GCKey & IRCC Portal: How to Track Your Immigration Application
- How to Contact IRCC: Phone, Hours, Web Form
- IRCC Processing Delays Explained: Why Applications Take So Long
The textbook on this subject
Volume 2: Immigrating to Canada $79
The economic and family pathways to permanent residence, explained from the published criteria.
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This page is based on law and policy published by the Government of Canada.