Canada News, Take Advantage of an Attorney, Nov. 1995

Whether you decide to hire an attorney or a consultant, the assistance of a specialist in immigration law can ease the migration application process. Against the backdrop of constantly changing immigration regulations and criteria, it can be difficult for an applicant to produce the best possible submission of his/her case without specialised assistance. Mitchell Brownstein, a specialist in Canadian Immigration law, details the benefits of hiring an attorney over any other form of consultant.

Line

Although many good quality immigration consultant agencies exist, prospective migrants would be wise to research the background of a consultant before hiring them to assist with an immigration application. In comparison, attorneys are a much safer bet because, unlike most consultants, they are governed by a professional body which acts as a watchdog organization. It has long been suggested that such monitoring helps to ensure the highest level of ethical standards in relation to applications for immigration. By hiring an attorney, you are buying high pedigree representation, namely the holder of a law degree.

An attorney has the right to appeal to the Canadian judicial system if an immigration application is refused. This means that an attorney who is already familiar with your case will be able to launch an appeal to various administrative bodies or to the Federal Court in Canada. And, in the event of dissatisfaction with specialist representation, recourse exists for immigrants who have hired attorneys.

Protestation to the attorney's Bar Association may result in the attorney being reprimanded and, in cases of a serious breach, an attorney may suffer license suspension or could be struck off. Having been struck off, an attorney would be rendered unable to practice law of any kind in Canada. Such stakes ensure high standards of service by attorneys - a level of review which does not exist amongst other immigration consultants. In addition, individuals applying to the province of Quebec may have an attorney present at the Quebec Delegation interview. No other representative is allowed admission to immigration interviews. This provides the applicant with an advantage in that legal representation enables the individual to have a lawyer present who will respond to any topic that the immigration officer may wish to discuss with them. Furthermore, the presence of an attorney at interview often facilitates the process by providing the immigration officer with on-the-spot additional information which is sometimes required to ensure the successful completion of an application.

Attorneys who frequent Quebec Delegation interviews become familiar with the type of requirements sought, most specifically with respect to the many discretionary factors such as adaptability and personal suitability. All too often, the skills of an attorney are not called upon until an immigration application has been refused. In this situation, it is always more difficult to reverse a negative decision than it would have been to provide the best case possible with an attorney from the outset.

In the same vein, many forms of previous criminal convictions, if properly presented from the beginning, can be overcome in an application for immigration to Canada. Applicants who have not been advised by attorneys often try to conceal their past. Such non-disclosure of crime is normally fatal in relation to a successful immigration application.

Professional advice can also lead to large savings through informed and experienced choice of the most suitable application category. For example, an applicant who has applied under a business category may have been better off applying as an Independent applicant, basing his submission around the Occupation list. In this scenario, an application based on the applicant's education, work experience and other factors, would obtain the necessary points under the Independent bracket whereas they would not have reached the required standards under the Business category.

If an applicant is eligible under two different classes, the Business Class visa will be granted with a condition to "either invest in Canada or open up a business". In contrast, if the same application had been submitted under the Independent Class a visa would have been granted without any attached investment conditions. Clearly, in many cases, the relatively small amount invested in buying the advice of an attorney could help maximize a much greater return.

Potential immigrants should be aware that the regulations for immigration to Quebec are different to those which apply to the rest of Canada as the province has widespread jurisdiction over its immigrant intake. This may result in the applicants being eligible for one province yet not necessarily for another. Attorneys, then, can provide applicants with a clear understanding of the various options, so enabling them to make the best possible informed decision.

Line

Link to Legal Services
Link To Immigration Services
Legal Services
Immigration Services