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Do I need an Immigration Lawyer?

With the new 3-year Canadian immigration plan, you’re probably wondering, should I apply for Canadian immigration? Or how should I plan for my PR while I’m inside Canada as a visitor, student, or worker? In either case,  the next question you need to ask is if you should hire an immigration lawyer or licensed immigration consultant to apply on your behalf for Canadian immigration. Do they help in any way, and would it affect your application in a negative or positive way if you used a Canadian lawyer or licensed immigration consultant?


Our team in Canada speaks over 8 languages, and we are licensed to help applicants like yourself and your families. We help applicants from over 47 different countries if you require assistance in terms of Business Immigration, Study or Sponsorship in Canada. Fill out the form and get a FREE email assessment, click here. 


Is it mandatory to have an Immigration Lawyer?

The answer is ‘NO’ as it is not mandatory to have a legal representative such as a lawyer or licensed immigration consultant (RCIC) apply on your behalf for Canadian immigration. Many applicants such as international students, Express Entry applicants, and other programs do not use a lawyer or licensed consultant. This means you can simply apply on your own for any of the over +75 immigration programs available in Canada.


Does it help to have an Immigration Lawyer?

Does it help your case if you do have a lawyer or licensed immigration consultant (RCIC)? Technically the processing times do not change, and you are still stuck in the same IRCC backlog whether you applied on your own or hired a lawyer or consultant. Will IRCC look at your application or treat it differently if it is submitted by a consultant or lawyer? The answer is ‘No’.


A good quality application is the same in the eyes of IRCC, no matter who submits it. And a bad-quality application is the same, no matter if you are applying on your own or with a legal representative.


Do you want to become a Permanent Resident in Canada? Our licensed consultants could assess your profile against +75 immigration programs across Canada. Get a FREE email assessment by filling out our form, click here. 


Myths about Immigration Lawyers

Here are a few myths about hiring a lawyer or licensed consultant for your Canadian immigration application:

* They have a direct and dedicated line with IRCC to ask questions or receive updates on your case. This is false. They use the same methods you use, such as web forms and the IRCC customer contact center.

* Your application will be processed faster through IRCC if you use a legal representative. This is also false.


Advantages of hiring an Immigration Lawyer

1: They can use their previous application knowledge to help your case. If you’re doing your own PNP work permit, PR, or other types of applications such as Startup Visa, C10/C11/C12 Entrepreneur work permits, then you’ve probably done it once (at the time of applying) and have no previous experience, but they’ve done it over 100 times in many cases with experienced representatives. Experience is everything.


2: Lawyers can take your case for Judicial Review in Federal court, and Licensed Immigration consultants can appeal specific cases at the Immigration Appeal Division (such as family sponsorship or PR renewals, etc.)


3: The lawyer or licensed consultant is typically in touch with other legal practitioners inside Canada and is aware of major trends, statistics, and other practical information from IRCC. You can find this info too, but that would technically become your full-time job.


4: Lawyers and Licensed Immigration Consultants (RCICs) have access to a dedicated IRCC email mailbox that responds to complicated questions and clarifications on immigration regulations and policies, which can be used in legal submissions both with IRCC and Federal Court.


5: Both licensed immigration consultants and lawyers have professional Errors & Omissions insurance which you could claim through if they made a mistake on your file that cost you time & money.


6: Both lawyers and licensed immigration consultants have the option to have an insured client trust account, where they can hold the client’s money before it is earned by them (i.e. actual work done). These client trust accounts are insured and in the case of consultants up to $1,000,000 per claim. 


7: If you prepare your own application and want another qualified and experienced person to review it before you submit, this would also be an advantage. You can also ask your mom or dad to review it, but let’s be real, how many IRCC applications have they handled?


8: If you are busy, and do not have the time to do all the research and go through the forms and make sure your application is 100% correct, then having a legal representative is a good ‘outsource’ option.


9: For more advanced and long-term applications such as Startup Visa, PNP Entrepreneur stream, family sponsorship, PNP skilled worker, and similar streams, Self-employed, a legal representative can be useful if they guide you properly throughout the 1-3 year process.


Do you want to plan your future in Canada? We could help you get your PR! Reach out and get a FREE email assessment with one of our licensed immigration consultants, who will assess your profile against +75 immigration programs across Canada, click here.



Disadvantages of hiring an Immigration Lawyer

1: You will spend more money on having a legal representative such as a lawyer or licensed consultant help you with your application.


2: Your processing times do not change with the IRCC whether you hire somebody to do it for you or apply on your own.


3: Lawyers and licensed consultants take on many cases, and sometimes they are overloaded with their own clients – and hence in some cases do not have the time to pay enough attention to your case. Be careful with whom you work with, whether they are a 1-person operation or a team or a full-fledged company with staff.


4: For simple applications, lawyers and consultants still charge similar fees since they have a certain ‘cost’ structure or overhead expenses.


5: If you hire a bad lawyer or licensed consultant, it can become a headache. It’s like going to a bad surgeon, doctor, or tax accountant, a good one can really help, and a bad one can really ruin you.


Difference between Immigration Lawyer and Consultant

1: Lawyers go through law school and are licensed with the law society of Canada. They can practice all types of law. There are no restrictions on what type of law they practice. For example, a lawyer can practice real estate law, commercial law, criminal law, family law, immigration, or a combination of any of these. They can specialize in a specific field, but many lawyers also practice multiple categories of law including immigration.


2: Lawyers can file for Judicial Review at Federal court, licensed immigration consultants cannot.


3: Licensed immigration consultants (RCICs) are licensed under a regulatory body such as the CICC (College of Immigration & Citizenship Consultants) and only specialize in immigration and go through a post-graduate certificate program. They are not allowed with this license to practice any other type of law or legal matters. They only do immigration. 


4: Both lawyers and licensed immigration consultants have a complaint process with their regulatory licensed bodies in Canada. Each one has its own procedure if a client needs to make a formal complaint about their legal representative. Remember that this option is only available to you if you use a licensed legal representative in Canada not travel agents or immigration agents overseas.


5: Both licensed immigration consultants and lawyers have access to the IAD (Immigration Appeal Division) and the RAD (Refugee Appeal Division) of the IRCC.


6: Lawyers cannot pay commissions or referral fees to third parties who are not licensed lawyers but licensed immigration consultants can pay referral fees or commissions to third parties.


7: Both licensed immigration consultants and lawyers can represent your applications in almost all provinces and regions of Canada, except for the province of Quebec where they require additional licensing from the province. Saskatchewan SINP also has specific criteria if you are applying and are represented by a licensed consultant – as they need specific security bonds before they can accept your legal representative such as a consultant.


If you’re planning to immigrate to Canada and you’re looking for some guidance and support, you’re at the right place! We are licensed and we have successfully supported applicants from more than 47 nationalities in terms of studying in Canada, Working, Sponsorship, and Business Immigration. Get a FREE email assessment, click here. 


Key points – Do I need an immigration lawyer?

A few points that you should also consider when deciding on who can help you with your Canadian immigration application:


1: You can also ask your family or friends to be your legal representative for your immigration application. If you complete the Use of Representative form (IMM 5476 E) and include their information as unpaid representatives, they can communicate on your behalf with the IRCC and help with your immigration application.


2: You can have both unpaid and paid legal representatives for your Canadian immigration application.


3: You can remove or cancel your existing legal representative at any time by completing the same form (IMM 5476 E) and submitting it through the web form portal of the IRCC. You can also add or change your legal representative using this same method.


4: Your legal representative, if they are a lawyer or licensed consultant, is obliged to return to you all your application documents if you request them, in case you are changing your legal representative.


5: You can also hire a legal representative halfway through your application as well. Not the best option, but sometimes it’s more useful for you later in your file processing, make sure you have all supporting documents and forms you have submitted to the IRCC at the initial stages.



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We have 1-million-dollar liability insurance which protects you and us from mistakes or fraud as well as a dedicated client trust account with Canadian banks. Our team speaks over +8 languages, and we help applicants from over 47 different countries during their Canadian immigration process. Get a FREE email assessment, click here.


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