It is a common practice in Canada to receive advice and suggestions regarding immigration from immigration consultants, paralegals and lawyers. However, it is essential to identify and understand the significant differences between these three professions before you seek any help related to immigration policies. You will be able to find that there are many eminent immigration consultants, paralegals and lawyers out there who are always willing to offer their professional services to you.
Immigrate to CanadaWhen it comes to choosing immigration lawyer, consultant or paralegal, your goal should be to find the right person to give you proper advice and whom you can trust with the immigration process. Therefore, it is imperative to get a clear idea of the different services by conducting appropriate research before hiring immigration personnel. Read on to learn more about immigration lawyers, consultants and paralegals.
Free Immigration AssessmentWho can be of help?
Immigration Lawyers
To become a lawyer in Canada, you have to:
- Complete an undergraduate degree with a duration of three to four years,
- Pass a bar examination after completing a three-year degree in law,
- Complete a ten-month articling requirement after passing the bar examination. This is for getting hands-on experience under the supervision of an eminent lawyer.
Generally, lawyers get training in various subjects such as civil litigation, family law and criminal law. However, most lawyers opt to specialize in only one or two areas. Immigration law can be one of these areas of specification. Immigration and refugee law are complex areas with various rules and regulations that can keep on changing. This is why you need to get the help of a proficient immigration lawyer to get the best of the services. Lawyers are regulated by LSO, which means if you have any dispute with a lawyer, you can raise your concern at LSO. Lawyers are expected to be in “good standing” by the LSO. A lawyer in “good standing” is not under any investigation, has paid all fees and has no legal obligations. To maintain a “good standing,” the lawyers should attend twelve hours of Continuing Professional Development (CPD) annually. This indicates that the lawyers are constantly updated.
Lawyers can represent you for any immigration issue and provide you with the best legal advice. This will also include the following:
- Represent you at the Superior Court, Federal Court and Supreme Court of Canada,
- Represent you at the tribunal for your refugee hearing,
- Represent you at the tribunal for an admissibility hearing,
- Provide you opinions and legal advice on complex cases and drafting legal documents,
- Represent you in every interview between Canadian Border Services Agency (CBSA) and IRCC.
Immigration Consultants
You can always seek the help of immigration consultants to deal with your immigration case. An individual must complete a diploma or a certificate course from an accredited college to become a competent immigration consultant. Generally, the duration of the study can be one to two years. Candidates must be able to get through the Full Skills Exam once they finish their studies. Immigration consultants are provided training only in refugee and immigration law. This means they are not authorized to advise on other streams of law. The Immigration Consultants of Canada Regulatory Council (ICCRC) is the regulatory board for immigration consultants. If there is any complaint against a consultant, the same must be reported to ICCRC.
Before starting your application, you must ensure that the immigration consultant you are dealing with is on good terms with the ICCRC. For this, all you need to do is visit the official website of ICCRC and ensure it is “active status” shown for your immigration consultant on the membership list of ICCRC.
Immigration consultants are able to:
- Collate and process required documents for any application for immigration, such as study permits and visas,
- Be your representative for your tribunal hearing,
- Be of great help when writing applications for work permits, sponsorship applications, study permits, citizenship applications, refugee and sponsorship appeals.
Immigration consultants are not able to:
- Draft a legal document,
- Provide legal advice,
- Represent you in a federal court,
- Apply for a judicial review.
Paralegals
For an individual to get qualified as a paralegal, he has to complete a certified educational program from an accredited college, and three options are there for doing so:
- In one year, a paralegal certification program can be completed.
- The program solely focuses on paralegal education, as there is no need for general education.
- Generally, one can earn a paralegal diploma in two years. One can explore various areas of paralegal job activities by getting a paralegal diploma.
- Most of these paralegal diplomas have got work-placement requirements.
- It will take four years to complete a paralegal degree; for this, the person should be able to finish two years of his general education and a work placement.
Every candidate must pass a rigorous seven-hour paralegal licensing exam. In Canada, Ontario is the only province that regulates the paralegal profession. The Law Society Of Ontario (LSO) regulates paralegal professionals. Like lawyers, paralegals must attend and complete twelve hours of yearly training to maintain their professional efficacy. In case of a complaint against a paralegal, it should be reported to the LSO. Paralegals in Ontario can be your representative in small claims courts, especially for provincial offences such as traffic tickets, minor criminal charges, and tribunal hearings, including Immigration and Refugee Board. Paralegals will sometimes work with lawyers and can do their minor practices.
Paralegals are able to:
- Appeal at the Immigration and Refugee Board on your behalf,
- Represent you at an admissibility and refugee hearing,
- Collate vital information and fill out the application forms to present your file to Immigration, Refugee and Citizenship Canada (IRCC).
Paralegals are not able to:
- Represent you at a federal court,
- Apply for a judicial review.
How to choose between the three options?
Choosing the right representative can be time-consuming. However, certain tips can help you make the right choice.
- Just evaluate your situation and see how complicated it is; by doing so, you will be able to find out if the person can be of real help in your case.
- Remember that only lawyers can represent you in a Federal Court for a Judicial Review. By interacting with a lawyer, you can easily find out what type of immigration case you are dealing with.
- Go through the reviews by the previous clients.
- Consult with the Department of immigration law to check the professional’s work experience.
- Speak with various immigration consultants, paralegals and lawyers to find out how they could help tackle your issue. Talking with them is also helpful to determine if the fees are standard and that you are not overcharged.
- Visit the official websites of IRCC and LSO to find referrals
How to avoid immigration fraud?
Whether you are choosing an immigration lawyer, consultant, or a paralegal, make sure that you don’t fall into the hands of an immigration fraud. Immigration fraud can happen if, on your behalf, your representative is making a misrepresentation and that too, knowingly. Therefore, it is very crucial to protect yourself from fraud. The following are some valuable tips that can keep you protected:
- It is imperative to understand and know everything. Let your immigration consultant, paralegal, or lawyer know if you do not speak the language. You can take the help of someone who can translate for you.
- Always read the forms carefully before you sign. Never sign blank forms or forms that contain false information.
- Always keep copies of your documents safe. You can also hand over the copies to someone you trust if you cannot maintain them.
- You should note that you must attend a hearing at Immigration & Refugee Board (IRB) before your immigration claim gets denied. If someone says that your claim got denied without the need to attend a hearing, immediately seek the help of a professional immigration lawyer.
- You will be asked to sign the retainer agreement. It is a contract between your representative and yourself. This contract outlines all the services your representative provides you, the fees they will be charging for their services and the responsibilities of both parties.
- Always read your retainer and find out how much you will get charged since you can inquire about the fee listed in the agreement.
Immilaw Immigration Law Professional Corporation is one of the well reputed leading canadian based immigration law firm located in Canada. Our team of highly qualified and experienced professional lawyers help our clients with outstanding legal representation in all kind of immigration matters, making each case success. Feel free to contact us for your enquiries.
