Using an Immigration Consultant - FAQs
Many people find the process of deciding if they need professional help and choosing an Immigration Consultant confusing. We do not give anyone the hard-sell. If you decide to retain our services then we wholeheartedly welcome you as a valued client but if we feel you don’t need help, or need a different type of help, then we are honest enough to say so.
Here are some of the common questions people ask about using Immigration Consultants...
Do I need an Immigration Consultant?
What is the difference between an Immigration Consultant and a Lawyer?
Should I use an Immigration Consultant in Canada or in my home country?
Do I need an Immigration Consultant?
Some people prepare and submit their own immigration applications but most applicants feel they need help with the process. Making an application for immigration to Canada is a complex process involving many stages and the refusal rates are much higher than most people realise.
Citizenship Immigration Canada typically refuse one out of every three applications for Permanent Residence that they receive. In some years refusal rates have reached nearly 40% of applications. In the majority of cases these refused applicants forfeit their government processing fees and wait many months (sometimes years) for a decision only to discover they are back where they started. In many cases these refused applicants are people who did meet the qualification criteria but who's applications were simply not sufficiently well-prepared or their education/experience was not adequately proven.
Because the process can be stressful, time-consuming, difficult to understand, and because of the very real risk of refusal (even for very well-qualified applicants), most applicants will benefit from working with a professional that has detailed experience of the process and has been through it hundreds of times before. For example our own success rate is approximately 97%.
Most immigration consultants provide a service beyond just completion of immigration application forms and provide advice, assistance with arranging language tests, independent credential assessments, police clearance certificates and so on.
What is the difference between and Immigration Consultant and a Lawyer?
Usually an Immigration Consultant is not a Lawyer. They may sometimes have a law degree but they are not a member of a Canadian Law Society and are regulated instead by the Immigration Consultants of Canada Regulatory Council (ICCRC). An Immigration Consultant could be described as a "paralegal" who specializes only in immigration cases. Only members of ICCRC and members of Canadian Law Societies are licensed to represent clients in the field of immigration in Canada.
Essentially they both perform the same role as far as immigration applications are concerned. Both are licensed to "represent" clients before Citizenship and Immigration Canada (CIC) and before the Immigration and Refugee Board at hearings and appeals. Only a Lawyer is allowed to represent clients before the Federal Court of Canada at a Judicial Review however. Both members of Law Societies and members of ICCRC adhere to strict codes of ethics and professional conduct and are regulated by their respective regulatory bodies.
It isn’t fair to say that one is better than the other – it depends on the situation. For example a Lawyer will likely have a much broader understanding of Canadian law and may also be able to assist clients with other matters such as determining the Canadian "equivalent" of an overseas criminal conviction. But equally it would be unusual for a Lawyer to specialize exclusively in Immigration cases and he or she may well work in a number of different fields. An Immigration Consultant who is a member of ICCRC on the other hand will specialize only in immigration cases and could therefore have a more detailed understanding of immigration law and procedures.
Whichever you choose you should simply make sure your representative is a member in good standing of their respective society and that they are therefore regulated.
Should I use an Immigration Consultant in Canada or in my home country?
If you are applying to immigrate from outside Canada you may have the choice of using a local firm, or using a firm based in Canada to assist you. Both options can offer different advantages and there is no single right answer. If the "local" firm is near to where you live then you may have the option of more face-to-face contact. It may make the delivery and collection of documents easier too.
But on the other hand, you may prefer to use a firm in Canada based in the area you wish to move to because they have existing contacts in your future home area. For example, if you need help finding a job or want to start a business in Canada having access to local business and professional contacts in that area can be a big help. You may also be making a series of exploratory visits to your chosen area anyway, in which case you would still have the option of face-to-face contact.
Another consideration may be time zones. If you live in Europe and like to call your Immigration Consultant first thing in the morning then Canada will still be asleep! On the other hand, if you use a consultant in Canada then you will have the option of contacting them during your evening to discuss any issues.