Immigration Law Firm Toronto
September 08, 2008 

Frequently Asked Questions

Canadian and American Immigration

 

How the Immigration Process Works?

Why choose an immigration lawyer when I can do it myself?

Which professional should I choose? Lawyer or Consultant?

Is your representative a Canadian Citizen or Permanent Resident? Does it Matter?

Are You Well Documented?

 

How the Immigration Process Works?

Assessing Your Case

Before making a decision to immigrate, you should have your case professionally assessed to determine whether you are eligible to immigrate

Signing the Retainer Agreement with your Lawyer

You should always sign a retainer agreement with your lawyer before proceeding with your case. The retainer agreement sets out the legal fees and the lawyer's responsibilities in representing you.

Gathering your Documents

It is important that you gather all documentation which is relevant to your case. Your lawyer should provide you with a list of documents you will need.

Completing Application Forms

Your lawyer should be able to assist you in completing your application forms. Most lawyers have software whereby application forms can be completed on the computer.

Preparing Application Package/Legal Submissions

After gathering your documents and completing the forms, your lawyer will prepare the documents in an organized presentable fashion. Your lawyer will also prepare legal submissions to the visa officer on your behalf

Submitting the Application to the Visa Office

Your lawyer should be able to advise you as to which visa office to submit your application. You will have to pay your immigration processing fees at this time.

Monitoring Application as it is Processed at Visa Office:

It is important to make sure that your application is being processed according to the visa office's published service standards.

Interview Waiver

If your case is very strong, this visa office may waive your interview. In most cases, interviews are required
 

Notification of Interview

If an interview is required, the visa office will notify you of the date and time of the interview.
 

Application Refused:

If, based on your application and documenation submitted, the visa officer determines that you do not qualify even if an interview is conducted your application will be refused.

Interview Preparation

You should know what to expect at your interview and be prepared to answer questions about your case.

Appeal Decision to Fedreal Court of Canada or Reapply

 

Attending at the Interview

Your interview will be at the visa office where your application was submittited. You will be given advance notice as the date and time of the interview.

Interview Successful

Interview UnSuccessful

Letter ofAcceptance

You will be notififed in writing that you have been accepted for immigration.

Refusal Letter

You will be notifed in writing of the refusal of your application for a visa

Issuance Of Visa

Appeal to Fedreal Court of Canada or Reapply


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Why choose when I can do it myself?

Before making the decision to choose an immigration representative, you may wonder whether or not you even need one. After all you may know people who have successfully obtained their visas without hiring an immigration lawyer or consultant. You may have heard stories of people simply filling out the forms, paying the government fees and bingo they have been issued their visa.

However, you may have also heard of cases where the adventurous have gone it alone only to find that, for some strange reason, their visa application was refused. These stories are just that: stories.

Our position on applying for a visa without the benefit of legal representation is a risk that is not worth taking-especially if you and your family are serious about successfully immigrating. While it is true that it is possible for you to represent yourself in some simple immigration matters, the reality is that in doing so you are taking a gamble.

Immigration laws are constantly changing and are very complex. You may have some basic understanding about what is involved in applying for a visa, but unless you are a full time immigration professional, you will not be aware of all the issues which may impact on your case. Moreover, even if you apply on your own and get your visa, you may have created some problems that could impact on your status long after your visa has been issued. So what seemed like a successful visa application, may turn out to be just the opposite.

Does this mean that we think you should leave it all up to the experts? No way. We believe that it is important that applicants educate themselves about the visa process and work with a professional as a team. Both applicants and immigration professionals working together can maximize the applicant's chances of success. Applicants know more about their personal circumstances than the professional, whereas the professional knows more about immigration law. Successful immigration cases result from bringing applicants and immigration professionals together to work as a team.
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Which professional should I choose? Lawyer or Consultant?

Applicants should also know something about the visa process to protect themselves from individuals representing themselves as immigration professionals when they are really not. There is a great deal of corruption in the immigration business. By having a basic understanding about immigration, applicants can arm themselves against being victims of fraud.

There are essentially two types of immigration representatives offering their services to clients: Lawyers and Consultants

Consultants

Consultants are immigration representatives who are not lawyers. They are often referred to as paralegals, law officers and, immigration specialists. Some consultants are former immigration officers who have left the government to work in the private sector. Immigration consultants are now regulated by the Canadian Society of Immigration Consultants Society (CSIC).The Society is responsible for regulating the activities of immigration consultants who are members and who provide immigration advice for a fee.

The Society grants memberships to only those individuals who have demonstrated their knowledge and ability to advise, consult and represent people who wish to seek Canadian immigration, have passed the Society's Knowledge and Ethics Test and have demonstrated their good character.


Lawyers

Lawyers often act as representatives for applicants with immigration matters. Unlike consultants, lawyers in Canada are required to have a university education and to complete law school. Lawyers are regulated by the Law Society in the province in which they practice. For instance, lawyers practicing in the province of Ontario are regulated by the Law Society of Upper Canada. The fact that lawyers are regulated provides their clients with protection against unethical and incompetent practitioners

Immigration Lawyers

Immigration Lawyers are lawyers who practice primarily or exclusively in immigration law. They generally have a greater level of expertise than a general practitioner who may merely dabble in the field. Clients interested in hiring a lawyer with experience in immigration law should always ask the lawyer what percentage of their practice is dedicated to immigration law to determine if they practice immigration law on a regular basis.

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Is your representative a Canadian Citizen or Permanent Resident? Does it Matter?

Yes it matters. Before hiring a representative, you should always ask whether he or she is a Canadian Citizen or Permanent Resident. This is important because Citizenship and Immigration Canada has made it a policy to deal only with representatives who are Canadians or Permanent Residents. In it becoming more frequent for Canadian Consulates and High Commissions to ask a representative to provide proof of their status in Canada before dealing with them. You should therefore always ask to see your representative's Canadian passport, Certificate of Citizenship or landing document before hiring him or her. If your representative is not a Canadian or Permanent Resident, he or she may not be able to effectively protect your rights.
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Are You Well Documented?

Many people mistakenly believe that all that is involved in applying for immigration is completing some forms and paying a fee. Nothing can be further from the truth. Completing your immigration forms accurately and honestly is essential of course but what really may make the difference between a successful application and one that is refused,, are the documents that you include in your application that are in support of your case.

Not only do your documents serve to substantiate the information that you have filled in on your application, but they also tell the visa officer reviewing the case, your story. The documents show the visa officer that not only do you qualify for a visa but that there is a real live person behind the application who really needs a visa.

Consider the case of an applicant who applies for Canadian permanent residence under the Independent/skilled worker category. The Independent/Skilled Worker Category is for people applying for immigration based on their own personal credentials such as their education, employment experience etc. Applicant's applying for immigration under this category are required to complete a particular application form (Form IMM0008). This form asks the applicant to provide some personal information including the applicants employment history and educational background. These questions are very important and must be completed properly.

Now it is clear that the applicant's own documents in such a case would go a long way to substantiate the applicant's claims made on the application form. For instance, employment references from previous and current employers would help prove that the applicant really performed the duties of his or her occupation and has worked in that occupation for the length of time that the applicant claims. Not only this but such documents also often reveal personal aspects of the applicant that the official immigration forms simply cannot show. In the case of employment references, the letters often say something nice about the applicant in terms of his or her performance at work. These "personal touches" go a long way to make the applicant real in the minds of a visa officer. Of course, what is most important is to provide credible and trustworthy documents that are authentic and are relevant to your case. However, documents are by nature personal items that do more than just prove who you say you are; they tell the officer that you are a unique person and not just a file with a number.

Proper presentation of your documents is also important. The more organized your documents, the less risk there is of frustrating the visa officer by making it difficult for him or her to find the relevant information. Your goal as an applicant (or your lawyer's goal) should be to make the visa officer's job as easy as possible. Nothing is worse than presenting a disorganized application that annoys a visa officer.

What documents are you required to include with your application? The answer depends on the nature of application that you are submitting. For example, the documents that are required in support of a Study Permit application are much different than those required for an independent/skilled worker application. In most cases, the applications contain instructions on which documents are required for a particular application. Generally, you are asked to include documents proving your identity such as birth certificates or national identity cards. If you are married, you should also include your marriage certificate.

Do you have to submit original documentation? In most cases, photocopies of documents are acceptable but be prepared to submit original employment references and police clearance certificates. Each application has specific requirements for documents. It is important to carefully check what is required.

Documents tell your story. Make sure to include all relevant documents in support of your immigration case.

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