The immigration systems in Canada, Australia, New Zealand, and the United Kingdom are governed by well-established statutory acts. These laws ensure that immigration services are provided only by authorized individuals who meet specific licensing and regulatory requirements. Recently, claims have surfaced that Punjab Government license holders under The Punjab Prevention of Human Smuggling Act, 2012, may have exceptions or exclusive rights to offer immigration advice in these countries. However, a close examination of the laws and regulations of these nations reveals that no such exceptions exist.

Key Points of Clarification:

1. 1. No Exceptions for Punjab Government License Holders: There is no evidence to suggest that individuals licensed by the Punjab Government are granted special exceptions or exclusive licenses to provide immigration advice in Canada, Australia, New Zealand, or the UK. Immigration laws in these countries are tightly regulated, ensuring that only qualified professionals, such as lawyers and licensed immigration consultants, can offer advice or representation. No such provision is found under the Migration Act 1958 of Australia, the Immigration and Refugee Protection Act (S.C. 2001, c. 27) of Canada, the Immigration and Asylum Act 1999 of the UK or the Immigration Advisers Licensing Act 2007 of New Zealand. There is no further evidence of enactment of any bylaws through local law societies/bar councils or regulatory bodies like the Office of the Immigration Services Commissioner (OISC), Office of the Migration Agents Registration Authority (OMARA), College of Immigration and Citizenship Consultants.

So, it is misleading to claim that the Punjab Government License Holder can provide Immigration, visa or related services without being licensed by the Regulatory bodies of countries whose services they are providing.

1. 2. No Exclusive Agreement with Foreign Governments: There is no record of any exclusive agreements between the Punjab Government and the governments of Canada, Australia, New Zealand, or the United Kingdom that would allow Punjab Government license holders to bypass local laws and provide immigration services. Immigration laws in democratic countries are passed by their respective parliaments and apply universally without providing jurisdiction-based exemptions to foreign entities.

1. 3. Jurisdictional Rights Are Not Granted: Immigration service rights are not granted based on the jurisdiction of the license. For example, a Punjab Government license does not authorize an individual to provide immigration services in Canada, Australia, New Zealand, or the UK. These countries have regulatory frameworks that must be respected by all individuals seeking immigration advice.

1. 4. A Punjab Government License Does Not Authorize Immigration Representation: Holding a license from the Punjab Government does not entitle an individual to offer immigration advice in countries such as Canada or Australia. The regulatory bodies in these countries, such as the College of Immigration and Citizenship Consultants (CICC) in Canada and the Office of the Migration Agents Registration Authority (OMARA) in Australia, oversee the immigration advisory profession, ensuring that only authorized professionals can provide these services.

Regulatory Acts Governing Immigration Services in Key Countries:

Each country has its statutory framework that strictly defines who can provide immigration services:

• Australia: Under the Migration Act 1958, only registered migration agents and licensed legal practitioners are authorized to provide immigration services. The Office of the Migration Agents Registration Authority (OMARA) monitors and enforces this regulation to ensure compliance.

• More information can be found on the OMARA website: OMARA - What We Do.

• Canada: According to Section 91 of the Immigration and Refugee Protection Act (IRPA), only authorized professionals, such as lawyers, notaries, or the College of Immigration and Citizenship Consultants (CICC), can legally provide immigration services in Canada. Violating this law can result in severe penalties, including imprisonment or hefty fines.

• The complete law is available here: Immigration and Refugee Protection Act.

• United Kingdom: In the UK, the Immigration and Asylum Act 1999 mandates that immigration advice can only be provided by individuals regulated by the Office of the Immigration Services Commissioner (OISC) or exempted by certain professional bodies such as the Law Society or General Council of the Bar. Unauthorized immigration advice is considered a criminal offenceoffense.

• More details on becominghow to become a regulated immigration adviser arecan be found here: OISC - How to Become a Regulated Immigration Adviser.

• New Zealand: The Immigration Advisers Licensing Act 2007 requires that anyone offering immigration advice be licensed unless exempt. The Immigration Advisers Authority (IAA) is responsible for licensing immigration advisers and enforcing compliance with New Zealand’s regulations.

• Read the full act here: Immigration Advisers Licensing Act 2007

Examples Illustrating Regulatory Compliance

Example 1: Canadian Immigration Services

A Punjab-based travel agent licensed by the Punjab Government advertises services to help individuals migrate to Canada. Despite holding a local license, the agent cannot offer legal advice, represent individuals in immigration matters, or file visa applications in Canada unless registered with the CICC or is a licensed lawyer or notary in Canada. Violating this regulation could result in penalties, including fines or imprisonment under Section 91 of the IRPA.

Example 2: Australian Visa Consultancy

In Australia, a person holding a Punjab Government license claims to offer visa consultancy services. However, under the Migration Act 1958, this individual cannot provide immigration advice or charge for services without registering as a migration agent with OMARA. If caught, they could face fines or imprisonment for violating Australian law.

Example 3: Immigration Advice in the UK

In the UK, a Punjab-based consultant offers assistance with visa applications. However, under the Immigration and Asylum Act 1999, only professionals regulated by the OISC or certain exempt legal bodies can provide immigration advice. Providing unauthorized services would be a criminal offence, and criminal consultant and their clients could face significant legal issues.

Example 4: New Zealand Student Visa Advice

A consultant in Punjab offers immigration advice for immigrant visas to New Zealand. However, under the Immigration Advisers Licensing Act 2007, unless they are licensed by the Immigration Advisers Authority (IAA), they cannot legally provide such advice. Offering these services without a license would be unlawful.

The provision of immigration advice and services is strictly regulated in Canada, Australia, New Zealand, and the UK. This article explores the legal frameworks in these countries, focusing on who is authorized to offer immigration assistance and the penalties for unauthorized activities. Special attention is given to the role of regulatory authorities in maintaining these standards and preventing unauthorized practitioners from exploiting clients.

UK: Office of the Immigration Services Commissioner (OISC)

In the UK, the Immigration and Asylum Act 1999 governs the provision of immigration advice and services. The Office of the Immigration Services Commissioner (OISC) regulates this sector, ensuring that only authorized professionals or exempt persons provide immigration assistance.

Who Can Provide Immigration Advice:

Under the Immigration and Asylum Act 1999, no one may provide immigration advice unless they:

• (a) Are licensed and regulated by the OISC.

• (b) Are exempt from licensing requirements under section 11 of the Act.

Certain professional bodies, such as the General Council of the Bar or the Law Society of England and Wales, are exempt from OISC regulation, allowing their members to provide immigration advice without needing additional OISC registration.

Fitness and Competence Requirements:

To be considered fit to provide immigration advice, individuals or organizations must:

• Demonstrate compliance with the OISC's regulatory scheme.

• Show a history of honesty and legal compliance.

• Maintain financial integrity.

To be considered competent, they must meet the knowledge and skills required to provide advice at a specified level of complexity. The OISC recognizes three levels of immigration advice:

• Level 1: Basic advice within the UK Immigration Rules.

• Level 2: More complex casework, including applications outside the Immigration Rules.

• Level 3: Appeals.

Penalties for Unauthorized Immigration Advice:

Providing immigration advice or services without OISC authorization or exemption is a criminal offence. Individuals or organizations For instance, a Punjab Government license holderguilty of offering unauthorized services face potential fines or imprisonment.

Ministerial Exemptions:

Certain organizations, such as licensed sponsors and specific educational institutions or health sector bodies, are exempt from OISC regulation, provided they offer free immigration advice to their students or employees.

Canada: Immigration and Refugee Protection Act (IRPA)

Section 91 of the Immigration and Refugee Protection Act (IRPA) in Canada governs who can legally provide immigration services for a fee. This provision ensures that only qualified professionals, such as licensed lawyers, notaries, or members of the College of Immigration and Citizenship Consultants (CICC), can offer immigration advice.

Who Can Provide Immigration Assistance (Section 91(2)):

Only the following can provide immigration advice or representation for compensation:

• Lawyers who are members of a Canadian law society.

• Notaries who are members of the Chambre des notaires du Québec.

• Members of CICC.

For instance, a Punjab Government license holder cannot provide immigration services unless they meet one of these qualifications. The IRPA does not recognize licenses from foreign entities like the Punjab Government as valid credentials for offering immigration advice in Canada.

Penalties for Violating Section 91:

Offering unauthorized immigration advice can lead to severe penalties:

• Indictable Offense: Fines up to $200,000 or imprisonment for upto 2 years.

• Summary Conviction: Fines up to $40,000 or imprisonment for upto 6 months.

These penalties ensure that only qualified and licensed professionals provide immigration assistance, protecting clients from exploitation and misinformation.

Australia: Migration Act and the Role of OMARA

In Australia, the Migration Act imposes similar restrictions on immigration assistance. The Office of the Migration Agents Registration Authority (OMARA) regulates migration agents and ensures they meet the necessary standards to offer advice and services.

Who Can Provide Immigration Assistance (Section 280 of the Migration Act):

Only the following can offer immigration assistance in Australia:

• Registered migration agents.

• Australian legal practitioners.

Like Canada, Australia does not recognize foreign licenses, such as those from the Punjab Government, for providing immigration advice. Unauthorized practitioners face heavy penalties, including fines and imprisonment.

Penalties for Unauthorized Immigration Assistance:

• Assisting without being registered: 60 penalty units.

• Charging fees for unauthorized services: Imprisonment for up to 10 years.

• False representation as a migration agent: Imprisonment for up to 2 years.

The OMARA is critical in monitoring agents, investigating complaints, and enforcing compliance with the Migration Act.

Key Functions of OMARA:

• Registration: OMARA processes applications for migration agents, ensuring only qualified individuals practice.

• Monitoring Conduct: It ensures compliance with the Code of Conduct.

• Disciplinary Action: OMARA can suspend or cancel a registration and refer cases to prosecuting authorities for serious violations.

New Zealand: Immigration Advisers Licensing Act 2007

In New Zealand, the Immigration Advisers Licensing Act 2007 regulates the provision of immigration advice. This Act ensures that only licensed individuals or exempt persons can provide immigration advice, protecting the public from unqualified practitioners.

Prohibition on Providing Immigration Advice Unless Licensed or Exempt

Under the Act, no one may provide immigration advice unless:

• (a) They are licensed under the Immigration Advisers Licensing Act; or

• (b) They are exempt under section 11 of the Act.

What Constitutes Immigration Advice:

Immigration advice is using knowledge or experience in immigration to assist, advise, or represent another person regarding New Zealand immigration matters. However, this does not include:

• Providing publicly available information.

• Directing individuals to official immigration officers or lists of licensed advisers.

• Clerical work, translation, or settlement services.

Offshore Immigration Advice:

The Act applies to immigration advice provided inside and outside of New Zealand. However, those not ordinarily resident in New Zealand were exempt from licensing requirements for three years after the Act’s royal assent.

No Acceptance of Applications from Unlicensed Advisers:

Immigration New Zealand (INZ) will not accept immigration applications submitted by unlicensed advisers unless the adviser is exempt. This ensures that only qualified individuals are permitted to handle immigration applications. However, the only exemption provided is the New Zealand immigration advice on student visa applications only. However, this exemption does not permit individuals to offer guidance on pathways to employment or permanent residency for international students. It does not authorize them to advise secondary applicants or related individuals on other visa categories, such as work, visitor, or guardian visas. If someone based offshore wants to advise on these visa types or migration pathways, they must obtain the appropriate licensing.

Who Can Be Licensed:

To be licensed as an immigration adviser, a person must meet the following requirements:

• They must be a natural person.

• They must meet the competency standards set under section 36 of the Act.

• They must not be prohibited under sections 15-17 of the Act.

Who Can Provide Immigration Advice:

New Zealand law mandates that immigration advice must be provided by licensed professionals unless exempt. This includes individuals offering advice from countries like China, India, or elsewhere. Exemptions include:

• Informal or family context advice is provided once without a fee.

• New Zealand lawyers with a valid practicing certificate.

• Offshore advisers provide student visa advice only, with restrictions on advising on work or residence visas.

Implications for Punjab Government License Holders:

Licenses issued by the Punjab Government do not exempt individuals from the requirements outlined by the IRPA in Canada, the Migration Act in Australia, or the Immigration Advisers Licensing Act in New Zealand. These licenses do not grant authority to offer immigration advice or services in these countries. Violating local immigration laws can result in severe penalties, including fines and imprisonment.

For example:

• A Punjab-based agent can only offer Canadian visa consultancy services if they are also licensed under the IRPA.

• A similar restriction applies in Australia, where only registered migration agents or Australian legal practitioners can provide immigration services.

Complementing the Punjab Government License with Federal Licensing Requirements

While it is essential to acknowledge the jurisdictional authority of the Punjab Government in regulating how travel agencies, IELTS centers, and other related services operate within its borders under the Punjab Prevention of Human Smuggling Act, 2012, it is also critical to clarify the limitations when it comes to providing immigration services for other countries.

The Punjab Government license plays a vital role in ensuring that travel agencies and related centers comply with local laws regarding ethical business practices and the prevention of human smuggling. However, it is essential to emphasize that a Punjab Government license alone does not automatically grant permission to provide immigration services for other countries, primarily where such services are regulated by federal laws in those countries.

If a licensed professional from another country seeks to provide their services within Punjab, they must either:

• Obtain a proper license under the Punjab Prevention of Human Smuggling Act, 2012.

• Apply for exemptions, if applicable, under local laws and regulations.

This means that while the Punjab Government license governs local activities such as running travel agencies and facilitating visa-related consultations, it cannot be used independently to offer immigration services for other countries where the practice of immigration consultation is regulated by federal laws, such as in Canada, Australia, or the UK.

Example: Complementary Licensing

A travel agent licensed in Punjab who wants to offer immigration services for Canada must:

1. Hold a Punjab Government license to operate within Punjab’s jurisdiction.

1. Obtain the necessary federal immigration consultant certification in Canada, such as membership with the College of Immigration and Citizenship Consultants (CICC) or being a practicing lawyer.

This ensures that the individual complies with both local laws in Punjab and federal immigration regulations in Canada. Without this Dual Licensing, a standalone Punjab Government license would be deemed null and void by offering immigration or related services for regulated jurisdictions like Canada, Australia, New Zealand, or the UK.

In summary, while the Punjab Government license is essential for operating within Punjab, it must be complemented with the permits required by the destination country's federal authorities to provide immigration services. A Punjab license alone cannot authorize an individual to provide immigration services in other countries where strict federal regulations apply.

No Legal basis:

There is no legal basis for Punjab Government license holders to provide immigration services in Canada, Australia, New Zealand, or the UK without meeting the respective regulatory requirements. The immigration systems in these countries are governed by stringent statutory frameworks designed to protect clients from unqualified practitioners and ensure the integrity of their immigration processes. Any claims of jurisdictional exceptions or exclusive rights for Punjab Government license holders to offer immigration advice in these countries are unfounded.

Clients seeking immigration services should always ensure their representative is appropriately licensed and authorized by the relevant local regulatory bodies. Unauthorized services expose clients to risks, leading to severe penalties for those providing such services without the necessary qualifications.

Conclusion

The immigration systems in Canada, Australia, New Zealand, and the United Kingdom are built on robust legal frameworks designed to safeguard the public by ensuring that only qualified and licensed professionals can provide immigration advice or services. These systems are regulated under statutory acts such as the Immigration and Refugee Protection Act (IRPA) in Canada, the Migration Act 1958 in Australia, the Immigration Advisers Licensing Act 2007 in New Zealand, and the Immigration and Asylum Act 1999 in the United Kingdom. These acts define who can represent immigration clients and establish penalties for those offering unauthorized services.

The IRPA in Canada (Section 91), for instance, mandates that only members of Canadian law societies, notaries from Québec, and licensed members of the College of Immigration and Citizenship Consultants (CICC) are allowed to provide immigration advice or representation for a fee. Similarly, in Australia, the Migration Act 1958 ensures that only OMARA-registered migration agents and licensed legal practitioners can legally offer immigration services. In New Zealand, the Immigration Advisers Licensing Act 2007 upholds strict licensing requirements through the Immigration Advisers Authority (IAA), and in the UK, the OISC regulates who can legally offer immigration advice under the Immigration and Asylum Act 1999.

Crucially, there is no evidence to suggest that license holders from the Punjab Government or any other foreign authority are granted exceptions or exclusive rights to provide immigration advice in these countries. Each country’s immigration laws are enacted by their respective parliaments and apply universally to all practitioners, regardless of their foreign credentials. These laws do not recognize jurisdictional rights based on foreign licenses, such as those issued by the Punjab Government, and no exclusive agreements exist between the Punjab Government and the governments of Canada, Australia, New Zealand, or the UK to bypass local regulations.

Furthermore, immigration laws like Section 91 of IRPA and Section 280 of the Migration Act 1958 establish severe penalties for individuals who attempt to provide immigration services without the proper authorization. Violations of these regulations can result in fines, imprisonment, or other legal consequences.

In conclusion, a Punjab Government license does not authorize an individual to provide immigration services in Canada, Australia, New Zealand, or the UK. Statutory acts strictly govern immigration advice and representation in these countries, and only individuals licensed by local regulatory bodies, such as CICC, OMARA, IAA, or OISC, are permitted to provide such services. Unauthorized practice is a serious offence, and individuals or organizations violating these laws will face significant penalties. To protect themselves, clients should ensure that their immigration representatives are properly licensed and authorized in the country where they seek services.

The integrity of the immigration systems in these democratic nations is preserved by these acts, passed by their parliaments, which uphold the rule of law and protect vulnerable individuals from unqualified practitioners.

Reference Links-

• Using a Migration Agent (Australia)
  https://immi.homeaffairs.gov.au/help-support/who-can-help-with-your-application/using-a-migration-agent
• MARA - What We Do (Australia)
  https://www.mara.gov.au/about-us/what-we-do
• Migration Act 1958 (Australia)
  https://www.legislation.gov.au/C1958A00062/latest/versions
• Immigration and Refugee Protection Act (Canada)
  https://laws.justice.gc.ca/eng/acts/I-2.5/page-12.html#h-275485
• Canadian Immigration and Refugee Protection Regulations
  https://laws.justice.gc.ca/eng/acts/C-33.6/
• Regulations for Immigration Advisers (UK)
  https://www.gov.uk/government/publications/regulations-that-immigration-advisers-must-follow--2
• How to Become a Regulated Immigration Adviser (UK)
  https://www.gov.uk/government/publications/how-to-become-a-regulated-immigration-adviser/how-to-become-a-regulated-immigration-adviser#immigration-advice
• Immigration Advisers Licensing Act 2007 (New Zealand)
  https://www.legislation.govt.nz/act/public/2007/0015/latest/whole.html#DLM407306