One of the most important aspects of the immigration process is the uncertainty and the critical decisions it involves. Whether you seek to study, work, or settle in Canada, having the right legal guidance is essential. You may find the whole process of the immigration journey daunting and thus look for expert guidance. However, with the rise of immigration fraud, it’s crucial to ensure that the expert you choose is qualified and trustworthy.
Immigration, Refugees, and Citizenship Canada (IRCC) manages and controls the immigration process in Canada. They authorize two types of representatives: Immigration Lawyers and Immigration Consultants. As an enthusiast planning to immigrate to Canada, you must know the roles and distinctions between the two types of professionals. And this will help you to make informed decisions about whom to hire for your immigration needs.
What You Must Know about Immigration Lawyer?
Immigration lawyers are licensed attorneys who have specialization in immigration law. They have to complete extensive legal training and can provide a wider range of services than consultants.
They provide legal advice, represent clients in court, handle appeals, and assist with complicated cases such as criminal inadmissibility or judicial reviews of immigration decisions. It is recommended to consult an Immigration lawyer if you are having complex cases where legal representation is required.
Immigration consultants can provide advice and assistance with the immigration process. The Immigration Consultants of Canada Regulatory Council (ICCRC) regulates them. They provide various services, such as assisting with visa applications, document preparation, and general guidance on immigration procedures. However, they cannot represent clients in court or provide legal advice on complex legal issues.
When choosing between an immigration consultant and an immigration lawyer, you must consider the complexity of your case and the level of legal representation you may need. For normal cases, an immigration consultant can be a cost-effective choice. However, if your situation involves legal challenges or requires court representation, an immigration lawyer is essential for navigating the complexities of the law effectively. So, everything revolves around your needs and circumstances; act wisely before finalizing your legal representative. You may contact us for further guidance and support.
Now, let’s find out more about how to ensure that the professional you choose is reputable and qualified to assist you with your immigration journey.
What to Look For in an Immigration Lawyer?
If you are looking for a legal representative, then you must check if they qualify and have experience in immigration law. You may verify their credentials by checking their:
- Educational Background: Inquire where they obtained their law degree. Research the institution to confirm its credibility.
- Law Degree: Immigration lawyers typically hold a Juris Doctor (J.D.) degree, which requires completing a bachelor’s degree and three years of law school.
- Bar Association Standing: Check the lawyer’s status on the bar association’s website to ensure they are licensed to practice law.
- Specialization: Some lawyers may have additional certifications or training in immigration law, which can enhance their expertise.
- Experience: Ask about their experience with cases similar to yours, as this can be a significant factor in navigating complex immigration issues.
It is vital to confirm that these professionals are in good standing with their respective regulatory bodies. If they are not, it is advisable to seek assistance elsewhere, as using their services could jeopardize your immigration process.
You can also visit the province’s bar association website to determine if a professional is licensed to represent immigrants or provide immigration advice.
Who can represent you in your Immigration Application?
- Lawyers: Lawyers must be members of a Canadian provincial or territorial law society or the Chambre des notaires du Québec. This ensures they have the legal authority to represent clients in immigration matters.
- Paralegals (Ontario only): Paralegals must be members of the Law Society of Ontario and can provide limited immigration legal services, primarily related to advocacy before the Immigration and Refugee Board.
- Immigration Consultants: Citizenship or immigration consultants must be members of the College of Immigration and Citizenship Consultants (CICC). They must meet specific educational and ethical standards to practice legally.
Why is an Immigration Lawyer’s Experience Crucial for Your Case?
Asking your immigration lawyer how long they have been practicing is crucial for several reasons. Their experience provides insight into their familiarity with complex immigration matters, which can ensure that they can navigate your case effectively. Experienced lawyers are more likely to have encountered various scenarios and challenges, allowing them to offer informed strategies tailored to your specific situation.
You may consider the following:
- Years of Practice: Inquire about how long they have practiced Canadian immigration law. The number of years of practice can indicate their expertise level and familiarity with current laws and regulations.
- Types of Cases Handled: You may ask what kinds of immigration cases they have worked on. A lawyer with experience in cases similar to yours may be better equipped to handle potential challenges.
- Success Rate: While not always quantifiable, understanding their track record with past clients can provide additional assurance of their capabilities. You may directly ask them for previous success stories.
Determine your specific requirements before hiring an immigration lawyer. Immigration law covers family-based immigration, work visas, deportation defence, asylum applications, and naturalization processes. Identifying your category ensures you find a specialized lawyer and secure expert guidance for your case.
What is the Importance of Relevant Experience?
Inquiring whether your lawyer has handled cases similar to yours is crucial. This will give you a hint about their expertise and indicate their familiarity with the challenges that may arise in your situation. Successfully handling similar cases in the past shows they can create effective strategies tailored to your needs, improving your chances of a positive outcome.
Each case is unique and influenced by many factors, including changes in immigration policies, individual circumstances, and the discretion of immigration officials. So, always remember that even if a previous client had the same circumstances as you, there’s no guarantee your application will have the same outcome. The final decision rests with the discretion of the immigration officers.
What are the Expected Costs for Immigration Legal Services?
When considering the costs of hiring an immigration lawyer, you must know deeply about their fees and billing structure. Your immigration lawyer should provide you with a detailed contract outlining the expected costs and the services included.
Cost Breakdown
Many immigration lawyers charge for initial consultations ranging from CAD 100 to CAD 300 or more. Some may offer free consultations, depending on the case or for straightforward cases.
Lawyers may offer flat fees for specific services like visa applications or sponsorships, providing clarity on costs upfront.
For instance, common-law partner sponsorship applications can range from CAD 2,500 to 7,000, depending on complexity.
Some lawyers may consider hourly rates, typically ranging from CAD150 to CAD 400 per hour, depending on the lawyer’s experience and location.
In some instances, particularly those involving deportation or appeals, lawyers might work on a contingency fee basis.
Government processing fees are also to be noted as this may evolve.
You must review the contract thoroughly to understand the costs associated with your chosen immigration professional. Also, identify all fees, services included, and payment schedules closely to ensure there are no surprises during your Canadian immigration process.
What is your Role in the Immigration Process with a Lawyer?
After you hire an immigration lawyer, your active involvement remains crucial throughout the application process. Here are some of the roles and responsibilities that you may follow:
- Active Participation: Even with a representative, you must participate in preparing your application. Wondering how? You may provide necessary documentation, complete language tests (if applicable), and share your complete work history.
- Clear Expectations: Discuss with your lawyer what you can expect from them and what they expect from you. There should be clarity between the client and the lawyer to ensure a smooth collaboration.
- Keep Listening: Your immigration lawyer will give a general description of the steps your application will go through. So, you must actively listen to what to anticipate at each stage and discuss potential challenges.
- Double-check: As a hired immigration lawyer, they will guide you through the entire application process. You must also ensure the application is complete, accurate, and well-presented.
A reputable immigration lawyer will:
- Communicate clearly and regularly.
- Set realistic expectations about your case.
- Be transparent about costs.
If you notice any red flags during the consultation, continue searching for a lawyer who upholds professionalism and ethical standards.
About Sindumole John Purush
(Barrister, Solicitor, and Notary Public)
Sindumole John Purush is the founding principal of ImmiLaw Immigration Law Professional Corporation. She presently practices and has extensive experience in immigration and refugee law. In addition to her first professional degree in law, she holds an LL.M. from Osgoode Hall Law School and an MA (Labour Studies) from McMaster University. Sindumole John is a Member of the Law Society of Upper Canada, the Ontario Bar Association, and the Canadian Bar Association.
For all your immigration needs, please feel free to contact us. Our dedicated team is ready to assist you with any questions or concerns regarding immigration processes.
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