How Long Must an Immigration Consultant Keep Your Files?
In Canada, RCICs must keep files for 6 years after services end. In Australia, RMAs must keep files for 7 years. Both must return files on request. Know your rights.
How Long Must Canadian RCICs Keep Your Files?
Under the CICC Client File Management Regulation, an RCIC must retain a client file for at least 6 years after the file is closed. After that, the file may be destroyed (securely, to protect your confidentiality).
How Long Must Australian RMAs Keep Your Files?
OMARA requires RMAs to retain client files for 7 years after the engagement ends. After 7 years, they may be destroyed.
What "Files" Means
Your files include:
- All documents you provided (passport, birth certificate, police certificates, etc.)
- Correspondence (emails, letters between you and the consultant)
- Application drafts and submitted forms
- Medical reports, employment letters, and other evidence
- Receipts and payment records
Your Right to Access Your Files
You can request access to your files at any time. Your consultant must provide them or allow you to review them. This is your right.
How to Request Your Files
- Send a written request (email or letter) to your consultant.
- Specify the dates of your engagement and the type of files (e.g., "all documents related to my Express Entry application").
- Ask when they can be ready for pickup or delivery.
- Keep a copy of your request.
What If Your Consultant Refuses?
This is a violation of professional standards. File a complaint:
- Canada: CICC at college-ic.ca
- Australia: OMARA at omara.gov.au
What If the Consultant Has Closed?
If your consultant has retired or closed their business, files should have been transferred to another consultant or stored securely. Contact CICC or OMARA for assistance locating your files.
Privacy Protection
Your consultant is required to protect your files under privacy laws. They cannot share them with third parties without your permission. Files must be stored securely and destroyed safely after retention periods expire.
Frequently Asked Questions
How long must Canadian RCICs keep your files?
CICC requires RCICs to keep client files for 6 years after the end of the engagement. After that, they may be destroyed.
How long must Australian RMAs keep your files?
OMARA requires RMAs to keep client files for 7 years after the end of the engagement.
Can I request my files back?
Yes. Both CICC and OMARA require consultants to return or allow access to client files on request. This is your right.
What if my consultant refuses to return my files?
File a complaint with CICC (Canada) or OMARA (Australia). This is a serious violation. You may also seek legal remedies.