A foreign worker could consult a legal advisor, a recruiter, or even a lawyer when trying to navigate through the immigration system of Canada. The professional could provide some vital help, but problems will definitely arise if there is any inconsistency between the interests of the professional and those of the worker. It is always better for a foreign worker to know about such cases in order to protect his or her legal rights.
Understanding Conflicts of Interest
A conflict of interest arises when something from the personal life of an immigration representative, or his financial interests or obligations, affects the process of providing objective recommendations. An example can be a recommendation of a certain immigration program because of the high cost of it instead of the needs of the client.
It is recommended for foreign workers to consider recommendations which are related to the eligibility and goals of the foreigner. In addition, a good immigration representative must inform you about the pros and cons, prices, and possible risks of different options. If there is a tendency to give recommendations which will benefit someone else but not the worker, then there is a conflict of interest.
Reviewing Financial Arrangements
The financial aspect of the relation can also be considered the source of conflict of interest in the immigration process. Sometimes, the representative gets referral payments from the recruiter, the employer, or the provider of any other services. This financial aspect may affect the advice of the representative if he does not reveal his relations or financial arrangements. The immigrant has to know whether the advice is influenced by any referral payments or commissions.
Another method of evaluating if the services are provided in a proper way is having a written agreement of what services will be provided, what payments must be made, and when. If you notice any payments that are not explained clearly or see attempts to make you pay for additional, unnecessary services, then the foreign worker must proceed carefully. Foreign workers must also avoid making any payments to recruiters or employers for job offers or immigration approval.
Assessing Professional Independence
The immigration representative has to advise based on the individual case of the client and not according to the directives from the employer. There may be a case where the immigration representative will represent both the employer and the foreign individual having different interests. The employer will try to safeguard his workforce while the immigrant needs advice about job switch and workplace disputes.
The immigrant has to find out whom the immigration representative represents and whether there is any possibility of another client that has conflicting interest. Anybody seeking an immigration lawyer Toronto has to find out the authority of the lawyer to represent and whether it is independent. In cases where the immigration representative fails to answer queries or explains the motives behind actions and reluctance to talk about the alternatives which are against the interest of the employer, the immigrant has to seek a second opinion.
Recognizing Warning Signs
There are some signals that can indicate that the service provider is not acting on behalf of the benefit of the worker. These may include failure to offer the copies of the application, offering contradictory explanations, guaranteeing something in the process, and discouraging the client from talking to the authorities. Furthermore, workers need to be careful when the representative asks them to include any lies in the application form.
Having their own copies of the contract, receipt, communication records, application form, and some other documents will help workers a lot to identify any discrepancies in the process. In case of any concerns, they should ask for an explanation in writing and seek some advice from an immigration lawyer or consultant.
The knowledge of possible conflicts of interests helps immigrants to make better decisions during the procedure of immigration to Canada. The analysis of financial transactions, professional independence, and correct bookkeeping will help foreigners to identify signals which can harm their situation. If there is a suspicion that the information obtained is one-sided or the interests of the representative outweigh the interests of the immigrant, then it is necessary to take independent advice.