Clients Zone
The admission process for licensed immigration consultants in Canada is much less stringent. Immigration consultants do not need the same education and are not screened against the same standards. A client who is dissatisfied with the attorney’s performance can file a formal complaint with the POL, the professional order of lawyers, which has a contravention fund.
1) I heard that it is possible to apply for Canadian permanent residency without hiring a lawyer. Is that correct?
It is not a rule that an applicant must hire a lawyer to successfully apply for Canadian permanent residency. A lot of people apply and succeed on their own, while many who apply on their own face unnecessary delays or failures. Deciding to apply for Canadian permanent residency is a big decision that is based on a life-changing step taken to improve the standard of living of the applicant and the family members. This process is costly, time-consuming and dependent on the evaluation of third-party officials who review and evaluate each case. The review process needs a full knowledge of the rules and laws that are often reviewed.
Policies and procedures change depending on the goals of the current Canadian government. An immigration official’s decision must take into account a range of issues covered in volumes of government guides, in addition to custom changes. These decisions are often challenged by attorneys and become the subject of much reported case law. The government encourages candidates to apply without a lawyer, but in reality, a good lawyer protects the applicant’s rights. The government also acknowledges this. The Canadian Embassy stated in the Moscow Guidelines to Representatives on October 28, 1996 that “when lawyers and consultants present their clients’ cases in a clear and concise manner, the treatment is expedited and simplified”. Studies also provide evidence of higher approval rates for applicants with attorneys.
2) What is the difference between hiring a lawyer and hiring a licensed consultant?
A counsellor is anyone called upon to give advice. An attorney is licensed to perform legal functions. These may include:
- Drafting documents.
- Interpretation and application of laws.
- Providing legal advice.
- Representing clients in court.
The practice of law is regulated by each province. The attorney must have the following credentials:
- Bachelor of Laws from an accredited university.
- Exams in law admission
- Training under a practicing lawyer.
Lawyer conduct in Canada is regulated by the Professional Order of Lawyers (POL). The POL rules cover domains including:
- Segregated credit bank accounts for customer fees.
- Lawyers’ obligations towards clients.
- Performing official matters.
Breaching these rules could result in the loss or suspension of the attorney's license. Anyone who charges a fee to provide immigration advice must be a member of any of the following:
- Provincial or territorial law society
- Chambre des notariés du Québec
- Immigration Consultants of Canada Regulatory Council (ICCRC), which replaced the Canadian Society of Immigration Consultants (CSIC) in 2011.
3) Some advisers say they have contacts in Immigration, Refugees, and Canadian Citizenship, or with a specific visa office. That could be important in my country. Is this true in Canada?
In Canada, this is not true. Canada is a democracy in which the government, legislature, and judiciary operate independently.
Ministers are held to account by Parliament. In immigration and other areas, the legislature gives the government the power to enforce the rules and laws that govern the people of Canada. Law enforcement requires freedom of action. The basic principle is that officials make decisions impartially and without outside influence. Public officials face penalties if they are found to be impartial. Individuals face penalties simply for claiming that they can influence public officials. Applicants should not work with anyone who claims to have government ties.
4) Why should I hire a lawyer to help me move to Canada?
Canadian immigration laws and rules allow wide-ranging discretion for immigration officials to exercise within precise limits. A clear and concise application that addresses key issues can be evaluated more effectively, which means visas are issued faster.
Examples:
Skilled worker category
The skilled worker category contains many jobs open to potential immigrants without the need for a formal offer. The visa officer must approve and evaluate the candidate’s experience. The attorney will know the key points that need to be highlighted to maximize this outcome.
Business categories
The business categories require that the applicant have experience managing a company. Different visa officers may receive different review opinions. Some may see managing a large department in a company as qualified, while others may not.
An experienced attorney will know how to effectively present and showcase expertise. The Canadian immigration system is always changing to meet the policies of the current government. Visa offices also have specific requirements which are often not very transparent. Success depends greatly on meeting these requirements. The attorney will highlight any issues related to the evaluation process, which are often corrected without the need for legal action. The decision to move to Canada changes the life of a family, and a lawyer can help maximize the benefits of the decision and provide guidance on issues arising once you have obtained permanent residency.
5) How do I choose a lawyer?
Most of the large law firms in Canada do not provide immigration services. The area is generally covered by lawyers who practice independently.
Choosing a good lawyer requires a good look at the following qualifications:
Referrals / References
This is the most important factor. Clients who have good experience will refer friends and relatives. A good attorney should be able to provide satisfied clients as references.
Specialization
Canadian immigration policy is undergoing constant changes. A specialist who is generally known to have more than 10 years of full-time experience will likely be aware of these changes.
Experience
Some lawyers have extensive experience. This does not automatically translate into skill, but it is an important factor.
Contract
This is required by all “professional system” authorities. You should receive a detailed written contract from your attorney.
Funds “in trust”
Applicants must pay the fee to the attorney or law firm “in trust”.
This is a requirement required by professional orders.
Client fees are kept in a separate trust account that is monitored by the Professional Order Authority. This provides a good indication that the attorney in question is adhering to the current rules.
Applicants should be careful about making any payments to a legal entity, regardless of the recipient.
Internet
Lawyers usually have websites to promote their services. Prominent attorneys may also have a good social media network. Find attorneys who regularly write content on websites with in-depth information and analysis. Stay away from law firms that have websites that contain a small number of old pages and little information copied from the government. The lawyer’s experience should be reflected in the content of his website. You may also find free reviews that provide initial insight into your chances of success.
Initial assessments
The attorney must precisely outline the entire application process in writing. The best known practitioners will do this for free.
Ads
Some attorneys can be found through ads. Prospective clients should not use ads alone in choosing a lawyer. First, consider doing more research.
Publications
Reliable and experienced immigration attorneys will write articles regularly.
It is a good idea to request samples of the attorney’s published articles. Remember to distinguish between general articles with superficial content and those that demonstrate in-depth knowledge and analysis.
Canadian Bar Association
Most lawyers in Canada are members of the Canadian Bar Association (CBA). CBA has an immigration department with representatives in every county.
More distinguished lawyers are serving as executive members of CBA and engaging in brainstorming with Immigration, Refugees and Citizenship Canada. This could indicate that the attorney has recent knowledge of the field.
Professional Order
All attorneys must be registered by the Professional Order in their county. However, this scoring is not the measure of experience.
Direct communication
Just talking to a lawyer will give you an indication of professionalism. You will get an instant indication of the service level, commitment and knowledge.
Ask the attorney to clearly evaluate the process at hand. They should not have a problem doing this.
6) Does it matter where the attorney is in Canada?
The simple answer to this is no, except for Quebec. Immigration law is a federal matter, although the provinces do share some jurisdictions. Anyone who charges a fee to provide immigration advice must be a member of any of the following:
- Provincial or territorial law society
- Chambre des notariés du Québec
- Immigration Consultants of Canada Regulatory Council (ICCRC), which replaced the Canadian Society of Immigration Consultants (CSIC) in 2011.
Quebec controls its own immigration, in accordance with the Canada-Quebec Agreement of 1991. If you decide to use the paid services of a representative, remember that only the following individuals are authorized to represent you before the Immigration Department of Quebec:
- Reputable members of the Barreau du Québec
- Reputable members of the Chambre des notaires du Québec
- Individuals who have been granted special authorization by one of the two above-mentioned organizations
- Immigration consultants who are registered with the Registre québécois des consultants en immigration
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