The Canadian immigration process requires a reasonable amount of paperwork to complete and process hurdles to cross. This is true even for temporary resident visas (TRV) such as study visas or work permits. Some applicants decide to go it alone, others through licensed consultants, and the rest choose trained immigration lawyers who root the case for them.
IRCC does not issue a visa to every person applying for one. Even if qualified, every application is not accepted, especially when the applicant is medically or criminally inadmissible. IRCC rejects the applications when unauthorized consultants or ghost consultants file them. IRCC also bans the applicants who seek advice or service from unauthorized consultants.
Though candidates can apply for immigration without a Canadian Immigration lawyer, hiring lawyers to present their clients’ cases expedites and simplifies the process.
Why You Should Hire a Canadian Immigration Lawyer
An immigration consultant is a person who provides advice and representation to clients on immigration-related matters. A lawyer is well-trained and licensed to advise and represent immigration applicants in their applications and appeals, and reviews in various law courts in Canada.
Canadian lawyers have comprehensive knowledge in understanding and applying Canadian immigration laws wherever required. Canadian immigration streams are not as simple as they seem. Immigration lawyers help to interpret complex laws into a language that the applicant can understand.
Immigration officers assess clear and concise applications effectively. IRCC issues the visas quickly for these applicants. There are many jobs open to skilled workers, without the need for any formal offer. The visa officer scores the candidate’s experience and approves the case. An immigration lawyer, in such a case, knows to highlight key points and maximize the score.
Citing a case, out of the 342,154 TRV applications in 2017, about 18% of the applications filed via consultants faced rejection compared to only 10.4% represented by the lawyers.
Applicants in the business category need to have experience in managing a company. In some cases, visa officers may approve applicants who have managed large companies, and in other cases, this may not work. An experienced immigration lawyer knows how to present the matter effectively.
A Canadian lawyer possesses a basic law degree from a recognized university, has undergone training under another practising lawyer, and cleared very competitive barrister & solicitor examinations. Moreover, various Law Societies regulate the conduct of lawyers more strictly and diligently. Breaking these rules can lead to suspension of their license.
Any individual who charges a fee for providing immigration advice must be a member of one of the following bodies:
- Chambre des notariés du Québec
- The provincial or territorial law society
- Immigration Consultants of Canada Regulatory Council (ICCRC)
Licensed consultants are not regulated to the extent immigration lawyers are. Their admission process is less rigorous, and they do not possess the education and training imparted to lawyers.
Any applicant who is not satisfied with a lawyer can file a complaint with the concerned law society, and they can receive compensation for irregularities if found eligible.
Visa officials make their decisions impartially and keep away from any outside influence. Private individuals are likely to face sanctions if they claim that they can influence public officials. Therefore, applicants should take care not to work with any consultant claiming to influence public officials or having government ties.
Immigration consultants are likely to offer lower fees than immigration lawyers, and many applicants may choose consultants because of this single reason. However, they may not possess the skills, education, or resources to handle complex immigration cases successfully. Hiring an immigration lawyer gives the applicants the best chance to get their visa applications approved.
Though some Canadian immigration procedures may appear simple, their ramifications may be complex. If the applicant does not get it right the first time, it may lead to costly delays or even rejection of the application. If the applicant chooses an experienced immigration lawyer to represent the case, they can avoid many awkward and complicated situations.
Immigration lawyers will responsibly hand over the correct documentation on time to the visa officials. Hiring an immigration lawyer will ensure that you do not overlook any requirement on your application, however small, that may jeopardize the entire immigration process.
Immigration lawyers can anticipate and prevent issues even before they develop. A lawyer can also review your application before submission and help identify errors and omissions besides clearly explaining its strengths and weaknesses. This can save you time, money, and unnecessary heartaches.
If you have medical concerns or have faced rejection of visa application earlier on or have a criminal conviction, these could result in the denial of your application. It is better to route your visa application through a Canadian immigration lawyer familiar with the immigration laws and regulations in these cases.
Situations such as looking to buy a business in Canada, or moving to Canada with family as part of an entrepreneur immigration program, would benefit from hiring an immigration lawyer. They will have a thorough understanding of all the laws and regulations that will help you before, during, and after the immigration process.
And Why You Should Be Wary of Ghost Immigration Consultants
Because there were approximately 3.4 million TRV applications from India in 2018, and many of them through unauthorized immigration consultants, Canada launched an information campaign across all media in India to protect genuine applicants from the country. This provided the applicants with relevant information/guidelines clarifying the roles of immigration consultants in the visa application process.
- An immigration consultant may provide visa advisory services if they a good standing in the concerned regulatory body that allows them to practice their profession.
- Canada banned any gullible applicant supplying misleading/false through ghost immigration consultants from entering the country for 5 years.
In one such case, CBSA officials tracked Sandeep Ohri, a Canadian immigration consultant from Jalandhar, India, who tricked thousands of local families by guaranteeing their children a Canadian study visa for a hefty fee.
You should be wary when hiring an immigration consultant in your country only because it is a cheaper option. Many of them are hardworking and honest, but it is also true that there is a lot of fraud prevalent in the industry. Applicants lose their hard-earned money to unethical and greedy consultants.
Immigration consultants must be members of the ‘Immigration Consultants of Canada’ and should possess an RCIC card. They require a 1-year certification to become registered. They are not licensed to represent your matter to the Federal Court, and they cannot take your case to the Federal Court level in matters regarding review/appeal. These are points to be borne in mind before applying for a visa through a Canadian immigration consultant.
Licensed immigration consultants should graduate from an immigrant practitioner program to meet minimum language standards. This takes about a year to complete. Whereas there are only about 1000 lawyers who practice immigration law, there are almost five times as many immigration consultants in the trade.
How to Choose a Canadian Immigration Lawyer
The best way would be to work with a lawyer who your trusted ones recommend to avoid a scam. When choosing a lawyer, ensure that you get their written answers to your questions so that you have something to fall back on.
Ask lawyers to provide you with the link to the details regarding their law license. You can get access to Canada’s different law societies by going online. In Ontario, you can also hire paralegals to represent on your application.
Ensure that you have calculated the total cost of the lawyer’s services in your currency and it is affordable for you. Also, make sure that you understand the payment structure clearly and whether it includes taxes.
Make sure to ask how long the program will last and compare it to the anticipated processing time mentioned for your specific immigration program.
Reputed Canadian immigration lawyers usually offer one-time consultations to review your details and your immigration requirements. They explain the best chances that you have after going through your details. This is the time when you can sign a retainer agreement that allows the lawyer to manage your visa application.
Any responsible immigration lawyer will tell you which immigration program suits you the best and why before you sign an agreement. Be wary of lawyers who cannot explain which is the option best suited for you.
Also, be wary of any lawyer who guarantees that they can procure a Canadian immigrant visa for you.
Check with your lawyer if your immigration program allows you to include family members on the application. Also, check out how the cost of the services will impact such a case.
Final Thoughts
When looking for an immigration consultant/lawyer, consider these points that are likely to send up red flags in your mind:
- Requesting for upfront payment without any consultation
Does not ask you to sign a contract or retainer - Asking you to pay up the money for a job offer
- Guaranteeing you a Canadian visa, PR application, or work permit
- Does not have an RCIC number (in the case of a consultant)
- Does not have a provincial law association listing (in case of a lawyer)
It is, therefore, important for Canada visa applicants from India to avoid falling victims to ghost immigration consultants. They can instead use the best channel available to them via qualified and expert immigration lawyers when applying for a Canadian visa.
Why Choose Immilaw Global?
Immilaw Global is an international immigration law firm with offices located in India, Canada, Australia, and New Zealand. The Firm has an expert team comprising of qualified and specialist Canadian immigration lawyers who can file your visa application after a free assessment and manage it for you.
Our services include managing visa applications of our clients for study or immigration into Canada. We handle some of the visa categories: skilled worker/permanent residence/business immigration/visitor/family/study/work. In addition to legal consultancy services for immigration to Canada, we offer relevant pre-landing consultancy and post-landing settlement services.
Our immigration lawyers know the different reasons why your visa application can get rejected. Therefore, choosing our immigration lawyers ensures that you can expedite and simplify your visa application process, and the chances of rejection reduced to near zero.
At Immilaw Global, we employ the best immigration lawyers, and choosing us is the first and best step towards achieving your dream of moving into or studying in Canada. For more information about Canada’s immigration visa application and other related services, visit our website www.immilawglobal.com today.
