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?
What Does an Immigration Consultant actually do?
Paul Wildy explains in this 2 minute video....
Do I need an Immigration Consultant?
It depends. Not everyone does. Some people already have quite a clear idea of the most appropriate route for them and the time and tenacity to make their own application. If your circumstances aren’t complex and you clearly meet the criteria for your chosen route without their being any "grey areas" then you may not need help at all.
Certainly you should be aware that using an Immigration Consultant does not afford your application any special treatment or faster processing. You should beware of anyone that tells you otherwise. Visa Officers treat applications equally regardless of whether the applicant has had professional help.
Having said that many people apply to immigrate to Canada every year without help only to discover that, after a long and nerve-wracking wait in the "queue", their application is refused. Often it’s because they misunderstood the eligibility criteria, chose an inappropriate route, or omitted important details or supporting documents. As much as they might like to, Visa Officers are often not permitted to use positive discretion and must process applications according to the rules even if it is obvious the applicant made a simple error. So using an Immigration Consultant can often provide an important "safety net" against such mistakes.
There are definitely many instances where professional help can be very important:
- If you are unsure which program/stream to apply under and need help deciding
- If you think you are "borderline" against the eligibility criteria (such as the points score) and the decision could go either way
- If you are concerned about being inadmissible on medical grounds or you or any of your family members have a medical condition that you think could be an obstacle
- If you (or any of your family members) have a past criminal conviction (or caution) or are concerned about being inadmissible on grounds of criminality or need to apply for rehabilitation
- If you have children from a previous marriage that you want to take to Canada and there are any custody issues or concerns
- If you are sponsoring a "common-law" or conjugal partner and need to prepare evidence to establish your relationship is genuine
- If you want to apply under a Business immigration route and need help establishing that you have managed a "qualifying business" or help preparing plans and other evidence of your intention to establish a business in Canada
- If you have dependent children who are in common-law relationships or they are over 22 and you are concerned about whether they still meet the definition of "dependent" children
- If you want to obtain a Work Permit without HRSDC confirmation or a Work Permit to be self-employed
- If you are applying as a Skilled Worker but aspects of your education or work experience are unusual or undocumented; for example you were home-schooled or gained a qualification in an accelerated manner worked in an occupation that meets the criteria but it was part-time or you had a misleading job title etc.
Of course there are many more situations, the above are just examples of areas than become obstacles to immigration if they are not handled correctly.
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 CSIC 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.