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At what point is it a good idea to hire a lawyer ?

twranks

Star Member
Mar 24, 2017
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Just wanted to know people's take on this- if this applies to you, when did you decide that you were going to hire a lawyer to help you with immigration to Canada?

In general, when do you think one should just pay the fees and consult the services of a lawyer for Canadian immigration?
 

nikolain

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Apr 28, 2014
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I would say never, you don't need a lawyer to process your application, a lot of people think that we will just pay a laywer and he will get us Canadian Immigration, its false, a lawyer can't do jack-sh*t extra what you can do. IRCC already has made the Immigration process so easy and besides we all have this awesome forum for support.
 

twranks

Star Member
Mar 24, 2017
173
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IRCC already has made the Immigration process so easy and besides we all have this awesome forum for support.
Thanks for the reply. What woul you say about business applicants or self employed persons? I mean, EE is prettyn straight forward no doubt, but other immigration streams? I wouldnt say as much
 

legalfalcon

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Just wanted to know people's take on this- if this applies to you, when did you decide that you were going to hire a lawyer to help you with immigration to Canada?

In general, when do you think one should just pay the fees and consult the services of a lawyer for Canadian immigration?
It depends on your situation. If you have a complicated case, then you should have a lawyer from the start. I disagree with @nikolain, who thinks that all applicants have a very straight forward case. Some applicants have prior criminal history, or immigration issues in other countries. In such cases rehabilitation has to be obtained before the applicant can be admissible.

In other cases there are issues with child custody, divorce, etc, which make the cases complicated. In such cases you should hire a lawyer. When @nikolain states "a lawyer can't do jack-sh*t extra what you can do," let me see how much you can do for such applicants. There is practically no information available, as to file for rehabilitation, which is an administrative decision making at the Immigration and Refugee Law Board.

Even though EE, has a lot of information available, in some cases the applicant may have to challenge the decision in a federal court, you will again need a lawyer. Many people engage a lawyer when they are rejected, but if you already have one, you can expect him to represent you and make sure that the things happen in a pro-active manner.

Similarly, when it comes to business immigration, or investor immigration, the sheer amount of paperwork involved makes it much better to have a lawyer from the start. You should engage a well reputed lawyer who has a vast experience.
 

21Goose

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Nov 10, 2016
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It's simple enough. You get a professional to do your taxes if they are complex, right? Likewise, you get a lawyer if you have a complicated case. A good lawyer can help you navigate the complicated immigration system, just like a good tax accountant can help you save money and ensure you follow the law.

Do your research, and you can usually tell if you'll need a lawyer.
 
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legalfalcon

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True, so I guess if your question cannot be answered on the forum, ask a lawyer

Also, beware, there is a lot of wrong information floating on the forum. Just because an applicant got through, does not mean that is the norm. This is a great place to start and understand the procedures, but as I always say:

"do not confuse your google search with a law degree."
 

twranks

Star Member
Mar 24, 2017
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Also, beware, there is a lot of wrong information floating on the forum. Just because an applicant got through, does not mean that is the norm.
Lol is there really a situation where an applicant could get through and it's not normally allowed? Especially with EE
 

legalfalcon

VIP Member
Sep 21, 2015
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Montréal, Quebec, Canada
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03-09-2015
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Med's Done....
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Lol is there really a situation where an applicant could get through and it's not normally allowed? Especially with EE
It has happened. An applicant submitted his job reference letters without the number of hours. His reference letter only stated "normal work hours from monday to friday." He got a PPR and subsequently landed as a PR. Some applicants having difficulty getting a reference letter, tried this trick, but were asked to submit a new reference letter and one was even rejected for not filing documents as per IRPA.

Similarly, an applicant just furnished his bank account statement, which was signed by his bank. He had no problems with the process. Another applicant doing the same, his application was refused.

These are just simple examples that I have seen. There are more complicated ones too. An applicant did not mention that he has dependants and they were not accompanying. He later sponsored them successfully. Another applicant who tried doing the same, was in trouble and his PR was cancelled retrospectively.
 

legalfalcon

VIP Member
Sep 21, 2015
19,051
9,921
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
I gess it all boils down to the discretion of the immigration officer then
It does. The process is discretionary and an applicant can be rejected. There is no lawyer or for that matter, a doctor, who will guarantee you a 100% result even in a very low profile regular case.

But, making sure that everything is done appropriately, will greatly decrease your chances of rejection, or at least you won't make silly avoidable mistakes.