Immigration consultancy is big business in the UAE. Immigration
aspirants pay thousands in fees for assistance in applying for
immigration, especially to Canada and Australia.
However, some clients complain of fraudulent consultants. And
consultants claim, their complaints are unreasonable or wrongly
addressed.
Applicants who complaint of lack of services by immigration
consultants, often demand a full or partial refund, which is not
justifiable in each and every case, say the consultants.
Policy changes
According to Sohail Saleem, general manager of Premiers
Consultancy, a lot of the complaints are the result of the frequently
changing immigration policy of Canada, which has affected qualifying
applications retroactively.
According to him, this can be traced back to 2008, when the
Canadian government started implementing a series of reform movements
intending to bring back the waiting time of approximately 40 months to
less than a year. One of these reforms was the introduction of priority
occupations.
"Many applicants who submitted their applications between February
28, 2008 and November 2008 were rejected because their occupation was
suddenly not on specific occupations list released as per Ministerial
Instructions. Applications submitted before February 28, 2008 and not
processed until March 2012 are being returned now as the CIC ‘cannot
carry on’ this back log any further and have taken a ruthless decision
to ‘discard’ such applications; which is very unfair, says Saleem.
According to Saleem, overall about 280,000 qualified applicants
affected by the policy changes of the Canadian government. Many of these
applicants have expressed their anger over the turn of events, and
would like to have their money back.
"I engaged with Premiers to apply for immigration to Canada three
years ago. It was the time when rules were changing and unfortunately my
job category was taken off the list. Instead of refunding the fee I
paid (Dh12,000), they made me apply under the wrong category with
irrelevant experience. Obviously the case was rejected," tells Jamal.
"In the case the government rejects a case with full refund; we
offer to resubmit the applicant without extra charges. In case they
don’t qualify anymore, other options like making spouse principle
applicant or in some cases part refund of services fees is also
considered.
“But the applicant pays for our services, and these services have
been rendered. We are not responsible if the government introduces
changes that have retroactive affects,” tells Saleem.
Documentation
Another bump on the road for many applicants is the IELTS test, one
of the requirements that every aspirant of immigration to Canada needs
to pass. However, the process of arranging the test and obtaining the
required document proving minimum language score takes time. This needs
to be done by the applicant after the contractual agreement with the
immigration consultant is signed.
"I paid Dh1,840 up front for consultation and 14 post-dated cheques
of Dh618, dated monthly. The process itself is costly. IELTS for
example costs around Dh800 and I have to get the required score to meet
the immigration score," tells CA who just saw her last cheque redeemed
this month.
"I tried thrice. I was not bad in the test but the point required
to meet the immigration score was too high. Finally I then gave up.
Nothing has been submitted from my application and I was paying monthly.
I approached them and told me my situation. I even asked if they could
at least give me part of what I paid and keep the rest for them but
every time they told me that as per management decision there is no
refunding. I approached them a lot of times."
On an internet forum, where numerous complaints are shared, a
person writes: "When I met the sales consultant he told me I have 71
points already and I would need only 5.5 out of the total score in
IELTS. Then you feel you have to do it! They made me sign everything so
quickly and I signed the cheques – a total of Dh12, 000. Then, after
three months they told me I have only 61 points and I will need to have
all my IELTS categories high to have only 67 points. Still I would not
reach 71 points!!!"
"A lot of people make complaints without looking at who is really
responsible for the unsuccessful application," says Sohail. "All they
want is their money back. Their only demand is a refund.
“They do not look into the case to see why it was not successful,
whether there was non-submission of some documents from the client’s
side, amendment to immigration policy with retroactive effect, or
improper review of the file by the immigration officer.
”Jorawar Singh, assistant general manager of WWICS, an immigration
consultancy company in Dubai agrees. "It is a service industry. In a
service industry we cannot satisfy each and every customer. But we try
our best," he says.
"In our contract we clearly state that the documentation is the
responsibility of the client. When this documentation is incomplete, or
not rendered satisfactory by the government the case might get rejected.
If the client sends in an incomplete file with the intention to add the
rest of the documents later, we make sure that the client is aware of
this."
Contractual agreement
Immigration consultants are generally tasked with guiding the
applicant in the process. The duties of the company are mentioned in the
contract, as well as the responsibilities of the client.
"We make sure that the client signs every page of the contract. We
will not start the payment before this is done," says Jorawar, while
Sohail claims the same about Premiers' policy.
But according to duped applicants the signing process does not lend
itself to integrity at all. On the contrary, many applicants feel that
they were pressurized while signing the contract.
"They gave me a bunch of papers and application forms, and an
agreement that I tried to read but in between she spoke about something
and I could not concentrate, while I had to sign it," writes a person on
the complaint board.
"I was applying for immigration to Canada and the immigration rules
were going to change in a week time. They told me that I should apply
now or never, that really feels like the door will close forever."
An applicant for immigration to Australia writes a similar message:
"I was told that the immigration rules are going to change in a week
time and that I had to start my application with them, otherwise new
rules would come and I may not have achieved the target points.
"After I made the first payment I changed my mind and decided to
apply myself, and therefore started visiting the department's website
regularly to get more information. I got to know that no such change was
going to happen in at least one year. This shows how they trap people."
According to Jorawar each and every client is directly informed
about all immigration policy changes. "And we encourage the client to
send in each and every document within 30-35 days, because the system
keeps changing. In the future you might not qualify."
But pressurizing the client is something that never happens, he
comments. "Do you think this is possible? Do you think we can pressurize
educated people? The people who come here and apply know what they are
doing and are very well informed."
Similarly, Sohail explains that everything is clearly mentioned in
the contract, with the refund policy stated in bold. "We are a regulated
consultancy company and we cannot misguide the client," he says.
Furthermore, the Canadian government closely monitors the
consultants all over the world and there is a discussion moment every
six weeks, explains Saleem. Frequently it is demanded that the
contractual agreement changes in its terms and condition.
Most recently, this meant a change of contract for Premiers
Consultancy, whereas it is now mentioned that the company will only
refund $1,500 if a list of conditions does not apply. In case these
conditions (such as insufficient information, points lost on language,
or points lost because the government was not satisfied with the
evidence furnished in the documentation) apply, Premiers may not be
responsible for a refund at all.
Both companies claim to have a successful business where 60 per
cent of the clients end up in the office through referrals. Only a few
cases are unsuccessful, claim both and the complaints are unreasonable.
In fact, when it comes to complaints made about WWICS, these are
not even real, says Jorawar. "We are aware of the complaints, but we
have investigated these complaints and it turned out that most of them
are uploaded by our competitors."
This website has not been able to get a comment from the Canadian authorities on the matter.
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