SETTLEMENT I M M I G R AT I O N L AW
Do you need to hire a representative?
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Do your research and ask the right questions to help with your decision cent of Express Entry applications are rejected for incompleteness, as are 20 per cent of Family Class applications. It is imperative that you review checklists very carefully and double check your application.
mmigration, Refugees and Citizenship Canada (IRCC) will often tell people that they do not need to hire a lawyer or consultant in order to immigrate to Canada. They are right. In 2018, IRCC approved 191,337 applications for permanent residence. Of these, 7,334 were represented by a lawyer, 11,262 by a regulated consultant, 52,066 by a family member or friend, and 191,337 had no representative. IRCC in 2018 also approved 17,678 temporary residence applications in which there was a lawyer as representative, 17,554 in which there was a regulated consultant, 258,802 in which the representative was a family member or a friend, and 2,448,311 in which the person was unrepresented.
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or unscrupulous representative it can also be an increased likelihood of refusal or a future misrepresentation issue, should they have listened to a recommendation to lie in their While the above statistics do not application. show approval rates or refusals, The benefits of hiring a which are not publicly available, and it is possible that there is a representative can include reduced prevalence of ghost representation stress, less time spent researching that is not reflected in the statistics, the IRCC website and, possibly and the approval figures certainly depending on the circumstances, demonstrate that it is not necessary an increased likelihood of the to hire a representative to immigrate application being both complete and approved. to Canada.
Do you need a lawyer?
When someone asks whether they need a representative in their application I typically tell them to review the IRCC website, forms and document checklists and to then decide whether they are comfortable submitting an application on their own. If they are not, then they should hire a representative, or at least schedule a consultation with one to discuss what is causing them to be uncomfortable. For those individuals who are more or less comfortable with the material on the IRCC website, the decision of whether to hire a representative is a cost-benefit analysis. The cost is usually the professional fee. And if they hire an incompetent
are seeking representation in, and then to ask your prospective representative pointed questions. You will quickly discover whether their representation would be helpful, or if you in fact know more than they do. The recommendations of friends and other trusted individuals can also be helpful.
mistake that people often make is declaring that they are “single” when they are in fact common law. The definition of common law in the immigration context is broader than other areas of law and encompasses any scenario where someone has cohabited in a conjugal partnership for one year or more. Declaring that one is single when they are in fact common law constitutes misrepresentation.
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is necessary to disclose dismissed charges, arrests, etc., in an application even if they did not lead to a conviction. The failure to do so also constitutes misrepresentation.
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of the most common reasons for a misrepresentation finding is that someone did not disclose a refusal to another country, typically the United States.
Flashy website testimonials, Google reviews and “Who’s Who” lists are, in my opinion, less useful as they can be manipulated. Some The weight assigned to the costs firms offer discounts in exchange and benefits is a personal decision for positive reviews and many of 5. Remember that the onus is on that each individual will have to the lists simply reflect who paid for you to demonstrate your purpose make. them. These kinds of practices do of visit, that you meet program not always happen, but it has made requirements, etc. People often me somewhat skeptical of the whole assume that IRCC will provide Who to hire? them with the opportunity There is a seemingly never-ending online review and list process. to address any mistakes or debate in marketing materials, on shortcomings in their social media and in submissions to Tips for the self-represented government as to whether it is better If you are going to submit an application. There is generally to hire a lawyer or a consultant. It application on your own, here are five no such obligation. is a debate that I find uninteresting key tips to avoid having your application As the above should demonstrate, and do not participate in. This is rejected or possible misrepresentation immigration law can be complicated because when you hire a lawyer issues down the road. and confusing. The statistics show, or consultant you are not hiring a profession, but an individual. 1. Based on Access to Information however, that this does not mean that results, it seems like 10 per you must have a representative. The best way to determine if the individual that you are considering Steven Meurrens is an immigration lawyer with Larlee hiring is competent would be to Rosenberg in Vancouver. Contact him at 604-681-9887, spend some time researching the by email at steven.meurrens@larlee.com, or visit his blog at area of immigration law that you smeurrens.com. CANADIANIMMIGRANT.CA |
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