Indian man alleges consultant hurt bid for permanent residency

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This article was published 05/06/2023 (917 days ago), so information in it may no longer be current.

An Indian man who is trying to become a permanent resident in Canada is suing a Winnipeg immigration consultant, alleging he failed to submit legal paperwork and gave him faulty guidance that jeopardized his status.

Karm Singh Gill hired Coal Harbour Law of Vancouver to file suit against Canadian Pathway Immigration Services and Suraj Jasra in Manitoba’s Court of King’s Bench last month.

The firm has not filed a statement of defence. In a brief phone conversation Friday, Jasra said he is consulting with a lawyer. None of Gill’s allegations has been proven in court.

In a statement of claim, Gill said he retained the consultant’s services in December 2019, but the alleged problems began after he took a job at a Winnipeg trucking company after being authorized as a temporary resident in February 2022.

The company was prepared to sponsor Gill through the provincial nominee program’s express pathway to permanent residence, which includes a work permit application.

Court documents said Gill retained the consultant to curate and submit the applications to federal Immigration and Refugee and Citizenship Canada.

Gill applied to the provincial program and got an acknowledgement of the application in September 2022, then applied for a work permit — but he alleges Jasra failed to pay a standard compliance fee of $230, and his work permit was refused two weeks later.

The immigration consultant submitted a request for a new support letter from the provincial program and a new work permit application to restore Gill’s status as a legal worker in the country, the lawsuit alleged.

Gill said the consultant told him he could continue to work while the federal government considered his application.

Winnipeg immigration lawyer Alastair Clarke told the Free Press that is incorrect.

Court papers note that working without authorization — as Gill alleges he was advised to — could result in a year-long ban from Canada under federal immigration legislation.

On March 7, 2023, the lawsuit said, Gill got a letter from the federal agency questioning his legal and working status, and asking for documentation.

“The plaintiff attended the defendant’s office, where Mr. Jasra advised the plaintiff that (he) had only advised the plaintiff that he can work because he thought that the plaintiff was working ‘for cash,’” court documents read.

“But for the professional error, the plaintiff would not have worked unauthorized.”

While Gill — his employment and potential immigration status in the balance — seeks damages in court, Clarke said he gets an almost identical case every month.

“Unfortunately, this is very common. I deal with many, many of these situations,” said Clarke, who is not involved in Gill’s case.

“In terms of this particular work permit, and agents or immigration consultants not properly submitting the requested documents, we have seen it many, many times.”

Immigration and citizenship consultants are regulated by the College of Immigration and Citizenship Consultants, which administers qualification and practice standards, as well as a public list of licensed consultants. The registry shows Jasra and his firm are licensed by the college. The college also hears complaints.

Clarke, who employs two immigration consultants at his firm, said he does not want to throw all immigration agents or consultants “under the bus.”

“There are some good ones and there are some bad ones, but this is a situation that we regularly see,” he said about poor work by consultants that jeopardizes a client’s status.

“There are shady consultants all across Canada. This has been an issue for as long as — I’ve been in practice for 15 years — this has been an issue since I started practice,” said Clarke.

In his view, immigration consultants should only work under the guidance of a qualified lawyer.

Clarke noted in the United States, the only people legally allowed to assist with immigration matters are licensed and accredited lawyers.

“With immigration, the consequences of these applications, the life consequences of a refusal, it’s so high, that in my view it is worth hiring a professional, a lawyer, to help guide you through the system,” he said.

The Free Press asked for comment from Manitoba Immigration Minister Jon Reyes.

The request was handled by a provincial government spokesperson, who said provincial nominee program applicants need not use an immigration representative to come to the province.

“Manitoba supports the protection of those pursuing immigration and citizenship in Canada, as well as integrity within the immigration consulting industry,” the spokesperson said, noting complaints can be made to the regulatory college.

erik.pindera@winnipegfreepress.com

Twitter: @erik_pindera