How the Immigration Process Work?
Why Choose an Immigration lawyer when I can do it myself?
Which professional should I choose? Lawyer or an Immigration consultant?
Is your representative a Canadian Citizen or Permanent Resident? Does his status matter?
Are your documents well prepared/presented?
How the Immigration Process Works?
| 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 |
| 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 |
Notification
of Interview |
Application
Refused: |
If
your case is very strong, this visa office may waive your
interview. In most cases, interviews are required |
If
an interview is required, the visa office will notify you
of the date and time of the interview. |
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 |
Appeal
Decision to Fedreal Court of Canada or Reapply |
|
You
should know what to expect at your interview and be prepared
to answer questions about your case. |
|
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 |
Refusal
Letter |
You
will be notififed in writing that you have been accepted
for immigration. |
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 |
Why Choose an Immigration Lawyer when I can do it myself
Before making up your mind on which your representative would
be, you may wonder whether or not you even need one. You may know
or have heard how about people who obtained their visas or Immigration
documents without the assistance of a lawyer or consultant. On
the other hand, you may have heard of cases where someone has
gone it alone only to find that, for some inexplicable reason,
their visa application was refused.
It is our position that; applying for a visa without the benefit
of legal representation is a risk that is not worth taking. This
is especially if you and your family are serious about successfully
achieving the very essence of applying i.e. successfully immigrating.
Granted that it is possible for you to represent yourself in some
simple immigration matters, the truth is that in doing so, you
may complicate what initially appeared to be simple.
Immigration laws are constantly changing and could be complex
if not tactfully approached. You may have some basic understanding
about what is involved in applying for a visa, but unless you
practice daily on this area of law, you will not be aware of all
the issues which will 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. What ordinarily seems like a successful visa
application may turn out to be just the opposite.
The question one is tempted to ask if leaving it all to the experts
solves the whole problem. Our answer to this question is NO. We
are of the view that is important that applicants educate themselves
about the application process and work along side their lawyer.
Both applicants and their lawyer working together will greatly
enhance the applicant’s chances of success. Applicants know
more of their circumstances and their ability to effectively communicate
these to their lawyer who would apply these set of facts and circumstances
to the Immigration law is the building blocks of a successful
visa application. Successful immigration cases result from bringing
applicants and immigration professionals together to work as a
team.
Which professional should I choose? A Lawyer or A Consultant?
Applicants should at least have background knowledge of the Visa
process in order to be able to reconcile the information being
given to them by the individual holding himself out as immigration
professional when they are really not. There is a great deal of
fraud in immigration practice today. 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
Always ask if your representative is a lawyer or Consultant.
Consultants are immigration representatives who are not lawyers.
They may or may not have acquired formal training. They are often
called paralegals, law officers and, immigration specialists.
Immigration consultants are now regulated by the Canadian Society
of Immigration Consultants. The Society is responsible for regulating
the activities of Immigration consultants who are members and
who provide immigration advice for a fee.
Immigration Lawyers
Immigration Lawyers on the other hand are lawyers who practice
primarily or exclusively in immigration law. They generally have
a greater level of expertise than a general practitioner. Because
they practice in this area of law on a daily basis, they are more
abreast with the ever evolving and developments on immigration
law. 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.
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 a 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 . It is 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.
Are Your Documents Well Presented/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 included in your application
that are in support of your case. Not only do your documents serve
to substantiate the information that you have filed in on your
application, but they also tell the visa officer reviewing the
case, your story and pleads your case also. 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. Applicants
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 standard 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 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 the 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.
Generally, you 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
and plead your case at the same time. Make sure to include all
relevant documents in support of your immigration case.
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