Do you need a qualified counsel and
how do you find a good one?

There are two basic reasons why you should consider hiring qualified counsel to assist you. First, Canada's immigration rules are very complex. Second, authorities have very high expectations of applicants, and these expectations are sometimes very unpredictable. If you fail to meet those expectations, your application can be rejected without warning.

Competent experienced counsel understand the complexities of the system and the expectations of immigration officers and can present a thorough and persuasive application on your behalf.

Complexity of Immigration System

How complex is Canada's immigration system? Consider this quote from Professor Don J. DeVoretz, an economics professor at Simon Fraser University in British Columbia who studies immigration systems:

“I am a university professor, and I can barely figure out the points system... Lawyers have books that are three feet thick explaining the system.^1”

The "points system"' is the permanent resident application process called the Skilled Worker program. This is Canada's largest permanent resident application program. And yet even a university economics professor who specifically studies immigration systems finds it difficult to understand.

The immigration department has put a great deal of information onto the internet that can enable candidates to educate themselves on the process. But the amount of information is overwhelming.  On the Internet you can find the Immigration and Refugee Protection Act (275 sections), the Immigration Regulations (365 sections), the Citizenship Act (39 sections) and Citizenship Regulations (33 sections), schedules attached to the Acts and Regulations, the immigration application guides (over 750 pages), visa office specific guides (many more pages), immigration manuals (over 3000 pages) and various other resources.

Applicants are expected to know which parts of all of this material apply to them. This is an overwhelming task.

Expectations on Immigration candidates

In spite of the complexity of Canada's immigration programs immigration officials have no duty to explain it to applicants. If applicants make a mistake immigration officials can reject the application without warning. Canada's Federal Court has made it clear that immigration offices have no obligation to help, or to give them any warning if the applicant makes a mistake. Applications can just be rejected.

The Federal Court has said:

It is important to note that the visa officer had no positive obligation to provide the applicant with an opportunity to address any concerns the visa officer may have in considering an application. The onus to demonstrate that an application meets requirements for a visa lies with the applicant…. In my opinion, in this case there was no obligation for the visa officer to convoke an interview …. The visa officer did not breach any duty of fairness by not providing an interview.²

And

It is well established that it is the responsibility of a visa applicant to put before the officer all the material necessary for a favourable decision to be made. Hence, visa officers are under no general legal duty to ask for clarification or for additional information before rejecting a visa application ...^.3

And

But the [applicant] is presumed to be aware of the rules and legislation governing applications which he submits. The legislation is publicly available and the onus is on the individual applicant to ensure that they comply with the legislative requirements and are aware of the consequences of their choices. No one misled the [applicant] at the material time or prevented him from seeking advice about the implications of his choices. ... The [immigration department] was under no obligation to advise the [applicant]....⁴

There is a presumption that the applicant knows the rules and the law. There is also a presumption that the applicant knows what proof needs to be filed in support of the application.

Good counsel know the rules and the law, what proof is required to satisfy the immigration or visa officer, and how to present it in a persuasive manner.

Good counsel does much more than just prepare forms: Good counsel also identifies, collects and submits proof, and provides written submissions explaining why the case should be successful, together with the application itself. Good counsel also helps the applicant prepare for questions he or she might be asked at an interview, so the client can respond effectively. No one wants to leave an interview regretting that they were inarticulate or unprepared.

Good counsel will tell you how long an application should take, and will follow up if it takes longer. Good counsel will keep you informed at all times of what actions are taking place on your case.

Hiring good counsel can make the difference between success and failure, and can give you the piece of mind and confidence which comes from the knowledge that you are being well taken care of.

We recommend that you hire quality counsel for all but the simplest of applications.

At C.N.Immigration we pride ourselves not only on our experience and knowledge but also on our ability to present a case in an effective manner that will be most persuasive to the immigration officer. We strive to make it easy for the officer to say yes - as quickly as possible and without complications. For detailed assessment please call us 03-6361761.

Footnotes

1 "Canada’s Policy on Immigrants Brings Backlog", New York Times, 7 July 2007.

2 2004 FC 64: Nehme v. Canada (Minister of Citizenship and Immigration).

3 Madan v. Canada (Minister of Citizenship and Immigration)

4 2003 FC 1482: Jankovic v. Canada (Minister of Citizenship and Immigration)