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Author Archives: Odette Desjardins Law

Why is it helpful to have an immigration lawyer?

Immigration lawyers offer expertise in various immigration matters, including visa acquisition, citizenship applications, green card processes, deportation defence, family-based immigration, immigrant visas, and understanding legal rights. They can also assist in preparing paperwork and representing clients in court, ultimately saving time and money.

Can we apply for Canadian permanent residency without hiring a lawyer?

No strict rule says you must hire a lawyer to succeed in your application. Many individuals have applied independently and achieved success in their endeavours. However, it is essential to note that while some succeed alone, others face unnecessary delays or challenges that may fail. The application process for Canadian PR involves understanding intricate legal requirements, documentation, and adherence to specific guidelines. A lawyer experienced in immigration law can navigate this complexity effectively.

How does hiring a lawyer differ from hiring a licensed consultant in Canada?

Consultants typically provide advice, while lawyers, also known as attorneys, barristers, or solicitors, are authorized to perform various legal functions such as drafting legal documents, interpreting laws, providing legal advice, and representing clients in court.

Lawyers undergo rigorous training, including obtaining a Bachelor of Law degree from a recognized university, passing law admission examinations, and completing training under practising lawyers. Their conduct is regulated by the Professional Order of Lawyers (POL), ensuring adherence to ethical standards and rules governing their practice. POL rules cover client fees, obligations towards clients, and mandates, and violations can lead to the loss or suspension of a lawyer’s license. Clients dissatisfied with a lawyer’s services can file a formal complaint with the POL, which may provide compensation for any irregularities.

Immigration consultants, while licensed, have a less rigorous admission process compared to lawyers. They are authorized to provide advice on immigration matters but do not have the exact educational requirements or stringent scrutiny as lawyers. Immigration consultants must be members of specific bodies, such as provincial or territorial law societies, the Chambre des notariés du Québec, or the College of Immigration and Citizenship Consultants (CICC), to charge a fee for providing immigration advice.

Immigration lawyers usually have more extensive legal education and follow stricter professional rules. If clients are unhappy with their lawyer, they have official ways to complain and get help if something goes wrong. This kind of support might be weaker with consultants.

Do Canadian immigration consultants have genuine connections for aiding the immigration process?

This may not be true. Canada operates as a democracy where the government, legislature, and judiciary function independently. Ministers are accountable to Parliament, and the government enforces laws based on the authority granted by the legislature. Applying these laws requires discretion, and a core principle is that officials make decisions impartially and without external influence.
If authorities find bias in public officials, they can penalize them. Moreover, private individuals can face consequences for merely asserting that they can influence public officials. To prevent potential complications, beware of individuals claiming government affiliations.

What advantages does hiring a lawyer offer for individuals seeking to immigrate to Canada?

Hiring a lawyer can significantly benefit individuals planning to immigrate to Canada. Firstly, immigration officers possess a considerable amount of discretion when assessing applications. A lawyer is skilled at creating applications highlighting important details, making the processing faster. In categories like the Skilled Worker Category, lawyers can identify and highlight experiences that significantly boost a candidate’s scoring, even without a formal job offer.

Similarly, in various business categories that require managerial experience, lawyers possess the skills to effectively present a diverse range of administrative experiences and understand the different interpretations surrounding this requirement. Another advantage of legal representation is a lawyer’s vigilant approach to the changing immigration laws. They stay updated on these changes, ensuring applicants address all critical requirements. Moreover, experienced immigration lawyers can solve assessment issues without resorting to legal action, ultimately saving both time and effort for the applicant.

Furthermore, lawyers provide crucial guidance after obtaining residency, ensuring a smoother family transition. This showcases the lawyer’s expertise throughout the entire immigration journey.

How can an immigration lawyer improve the success of a visa application?

  • A lawyer can mitigate errors in the application process, potentially saving applicants from incurring reapplication fees due to mistakes.
  • Immigration laws frequently change, but lawyers stay updated and ensure applications align with the latest regulations, reducing the risk of rejection due to outdated information.
  • Lawyers have experience presenting cases effectively, compiling evidence, and framing applications to meet immigration officials’ criteria, increasing the likelihood of approval.
  • Applicants represented by lawyers typically have higher approval rates, reflecting lawyers’ expertise in preparing applications and presenting cases.
  • A competent immigration lawyer enhances the chances of a successful application and streamlines the process.

In conclusion, hiring an immigration lawyer in Canada can significantly enhance your chances of success in navigating the complex immigration process. However, it is crucial to avoid common pitfalls when selecting your legal representative. Choose wisely to maximize your chances of achieving your immigration goals and securing a smooth transition to life in Canada.