Navigating Immigration Services in Canada
For independent applicants, immigrating to Canada is difficult to say the least. The process, after all, has rules and regulations that most people would find stressful to deal with on their own. What’s more, even the smallest mistake in one’s application could lead to delays or even rejection.
With such prohibitive hurdles lying in the path of every hopeful newcomer to Canada, it becomes important – if not vital – to seek professional guidance from a Canadian immigration lawyer or certified immigration consultant when applying to come to Canada. These professionals are qualified to offer their expert knowledge of the legal framework surrounding Canadian immigration, strategic implementations tailored to individuals’ unique circumstances, and advice on how to optimize one’s application – both logistically and persuasively. All these benefits boost applicants’ chances of coming to Canada, making immigration consultations invaluable assets in the immigration process.
Choosing an Immigration Professional to Guide Your Application
The Immigration and Refugee Protection Act in Canada, permits licensed lawyers and consultants to give advice in immigration matters. Despite both Canadian immigration lawyers and certified immigration consultants holding the requisite credentials to represent immigration applicants, they each offer a unique set of skills and services and are governed by different regulation authorities. It is important to understand these distinctions before choosing one or the other type of professional for help with your application.
Canadian Immigration Lawyers
Lawyers are highly trained professionals. They are licensed to practise law and give legal advice on all immigration matters. They must have a three-to-four-year undergraduate degree, after which they attend law school for three years, pass a provincial bar and complete a 6-12 month period of internship to become registered attorneys.
Along with regular representation, only lawyers can represent clients in court and handle any legal disputes where an application is subject to judicial review. Their legal training enables them to identify and advocate the factual and legal issues that could create hurdles in an immigration case.
Obtaining a license to become a licensed lawyer in Canada is significantly more difficult and demanding than becoming a licensed immigration consultant.
Lawyers must complete 16 hours of annual Continuing Professional Development (CPD) to maintain their license.
However, lawyers are usually more expensive than immigration consultants.
Canadian Immigration Consultants
Immigration consultants must have an undergraduate degree (usually 3-years) and complete a one-year diploma program to become registered with their professional authority, the College of Immigration and Citizenship Consultants. In English, this is the Queen’s University Graduate Diploma in Immigration and Citizenship Law and in French, the D.E.S.S. en réglementation canadienne et québécoise de l’immigration, offered by the University of Montreal.
To become a Regulated Canadian Immigration Consultant, candidates must pass an Entry to Practice exam, consisting of a single 3-hour, 135 multiple choice question examination which tests their knowledge, skills, and judgment in practical scenarios related to immigration and citizenship.
Immigration consultants must also complete annual Continuing Professional Development, to ensure knowledge is current.
Choosing the Right Immigration Professional
Choosing a professional to represent your immigration case requires a consideration of many factors, namely the services offered by them, their qualifications, where they are located, and their payment terms and methods.
10 Reasons Why a Licensed Lawyer in Canada Is a Better Option Than an Immigration Consultant
1. Broader Legal Education
Lawyers complete a law degree and undergo rigorous training, including undergraduate studies, law school, and the bar exam, giving them a comprehensive understanding of Canadian law-not just immigration law.
2. Representation in Court
Only lawyers can represent clients in federal court or during judicial reviews if an immigration application is denied. Effective lawyers prepare their applications to maximize chances for success with representations that could withstand judicial review in the case of a refusal.
3. Higher Professional Standards
Lawyers are held to higher professional and ethical standards by provincial law societies, ensuring greater accountability and recourse for clients.
4. Legal Strategy and Analysis
Lawyers are trained to identify facts, develop legal strategies, provide in-depth legal analysis, and handle complex or unusual cases that may involve overlapping areas of law.
5. Confidentiality Protections
Communications with lawyers are protected by solicitor-client privilege, offering a higher level of confidentiality than what consultants provide.
6. Ability to Handle Complex Cases
Lawyers are better equipped to manage complicated immigration matters, such as appeals, inadmissibility issues, or cases involving criminal, medical concerns and a range of complexities that can arise in the presentation of applications..
7. Greater Success Rates
Data shows that applications prepared by lawyers have a significantly higher success rate compared to those prepared by consultants, due to their expertise and thoroughness.
8. Comprehensive Legal Services
Lawyers can assist with related legal matters (e.g., employment, family, or refugee law) that may impact your immigration status, providing holistic support.
9. Regulatory Oversight
Lawyers are regulated by provincial law societies with established, rapid complaint and disciplinary processes, offering clients additional protections. It is commonly known that with more than 12,000 registered consultants, the College of Immigration and Citizenship Consultants (CICC), the regulatory body overseeing immigration consultants in Canada, may not have suitable finances, and therefore does not protect the public to the same degree as a provincial regulatory law society in Canada. Some complaints against the CICC date back 4+ years.
10. Experience with Appeals and Reviews
If your application is refused, only a lawyer can file and argue appeals or judicial reviews in court, increasing your options for recourse.
In summary, while consultants are qualified for straightforward cases, experienced immigration lawyers offer deeper expertise, broader legal authority, and much stronger protections which is especially valuable for complex or high-stakes immigration matters.
Qualifications
Next, you should verify the professional’s qualifications to ensure they are authorized to represent you. Lawyers need to prove membership to a provincial or territorial law society, and consultants need to be registered with the College of Immigration and Citizenship Consultants (CICC).
In terms of levels of qualification, consultants can be categorized as follows:
- Regulated Canadian Immigration Consultants (RCICs): RCICs can help and support those looking to study, work, or live in Canada. Once someone is in Canada, they can also help them with citizenship applications, family sponsorship applications, visitor visas, detention reviews, or study permits.
- RCIC-IRB: To practice before the Immigration and Refugee Board of Canada (IRB) is now a restricted area of practice. An RCIC must have an RCIC-IRB class of license to represent someone before the IRB. For this, they need to undergo the Specialization Program, which is based on the Essential Competencies for RCIC Practice.
Note: Regulated International Student Immigration Advisors (RISIAS) are advisors licensed by CCIC and employed in the Canadian education sector. They can provide immigration advice to international students and their dependents about study permits, temporary resident visas (TRVs) and study permits related to other permits currently available in Canadian immigration programs. However, they are not authorized to represent them in immigration or citizenship cases or complete immigration forms for them. These services require an RCIC.
Location
Although you may have searched for an “immigration lawyer near me” or an “immigration attorney near me” on Google, it is important to note that it does not matter where a lawyer is based in Canada, with the exception of Quebec. Although immigration is a federal matter, Quebec controls its own immigration under the 1991 Canada-Quebec Accord.
Only the following individuals are authorized to represent you before the Quebec’s Ministry of Immigration:
- members in good standing of the Barreau du Québec
- members in good standing of the Chambre des notaires du Québec
- individuals who have been granted special authorization by one of the two above-mentioned organizations
- immigration consultants who are registered with the Registre québécois des consultants en immigration
Specializations
Although most immigration cases are straightforward and can be handled easily by most immigration experts, certain cases require specialized knowledge, such as those involving business immigration or refugee claims. In that scenario, look for a professional who has a track record and specialization in handling cases like yours.
Languages Spoken
You may want to look for a consultant or lawyer based on your language preference. Because Canada is a bilingual country, most of the professionals mentioned in the table are proficient in either English, French, or both. If you feel more comfortable in another language, however, it is important that you check under this section to find an advisor who meets your language requirement.
Payment Model
It is requisite that you understand the payment model and fee structure of the professional you are signing in. You do not want to commit to a service that is out of your budget or that follows a payment structure that you are not financially prepared for. It is also recommended that you check for additional costs, such as application fees, which are not included in the quoted fee but can add up to quite a considerable amount at times.
Some examples of immigration law firm payment models are as follows:
- Hourly Pricing: Hourly pricing is when an immigration professional charges a set rate for all the time they spent working on a case. This fee model is more common for unpredictable case types, which may be dragged out for months at times.
- Flat Fees: This fee model involves a set fee charged for the service. It is common for cases that have a predictable outcome.
Making Informed Decisions: Your Next Steps
It is vital that you keep all these considerations in mind while choosing an immigration professional to help you come to Canada.
While consultants and lawyers are both expert professionals in matters pertaining to immigration, they have their own unique skills that may make one or the other a more viable candidate for your personal needs.
Here are some key takeaway points:
- Canadian Immigration Lawyers
Lawyers can be more suited for offering legal advice, representing you in court, and providing expertise in legal complexities.
- Certified Immigration Consultants
Immigration consultants are focused exclusively on immigration law and are authorized to submit immigration applications. They can provide expert advice, fill out and submit paperwork, and represent clients in administrative proceedings.
- Choosing the Right Immigration Professional
Many factors need to be considered when deciding on which immigration professional will most suit your unique circumstances and needs. These include the services offered, qualifications, location, specialization, and payment model.
FAQ
Some professionals say they have contacts in Immigration, Refugees and Citizenship Canada (IRCC), or at a visa office. Is this true?
This is not true for Canada. Canada is a democratic country, composed of legislative, judicial, and executive branches of government that act independently from each other. A fundamental principle in this system of governance is that officials make decisions impartially and without outside influence. Public officials face sanction if they are found to have not been impartial, and private individuals face sanction for even claiming to have the ability to influence public officials. Therefore, applicants should not work with any Canadian immigration lawyers or immigration consultants claiming to have government ties.
Is it possible to apply for a Canada PR without hiring a lawyer or a consultant?
It is true that candidates can successfully apply for a Canada PR without professional help. In fact, many do. However, it is recommended that assistance from a lawyer or consultant is sought because the rules and regulations surrounding Canadian immigration are volatile and constantly changing. An immigration officer’s decision must consider many issues covered by volumes of government manuals, as well as ad hoc changes. These decisions are often challenged by lawyers and become the subject of volumes of reported case law. The government encourages candidates to apply without a lawyer, but a good lawyer protects an applicant’s rights.
The government acknowledges this as well: “When lawyers and consultants present their clients’ cases in a clear and concise manner, processing is expedited and simplified.” Canadian Embassy in Moscow’s Guidelines for Representatives. October 28, 1996. Studies also offer proof of higher approval rates for applicants with lawyers.
Is it important to find an immigration lawyer near me when looking for an immigration lawyer consultation?
While location is not an important factor to consider for federal immigration matters, Quebec immigration requires specific, provincial authorizations for which the consultant or lawyer needs to be based in the province.
