Lawyer

[kevkev]

My company hired a lawyer for me who is my representative for CEC immigration.

What happens if i decide to quit/laid off from my job, can the company tell the lawyer to cancel my immigration without my authorization?

 

[Baloo]

My company hired a lawyer for me who is my representative for CEC immigration.

What happens if i decide to quit/laid off from my job, can the company tell the lawyer to cancel my immigration without my authorization?

If the company hired and paid for the lawyer, why not?

 

[sai_murthy]

Yes they can tell.

See, if you can talk to the lawyer, and ask him, to treat your case as an individual case, and here after you will bare the remaining fee. Why I am saying this is, it is easy for the lawyer to get the required documentation from the company, than you, once you resigned.

If everything is completed and your application is filled, then see, if there is a possibility of "Change of Representative"

 

[umairz]

Yes they can tell.

See, if you can talk to the lawyer, and ask him, to treat your case as an individual case, and here after you will bare the remaining fee. Why I am saying this is, it is easy for the lawyer to get the required documentation from the company, than you, once you resigned.

If everything is completed and your application is filled, then see, if there is a possibility of "Change of Representative"

yes they can tell but on what the company would ask to cancel his immigration. Thats not possible as long as you have a year experience and the required education. Although your lawyer can withdraw the case which would make u fall behind but i would think it might need a letter with your signature on it that you would like to withdraw. So i don't understand how can they cancel it.

 

[kevkev]

yes thats what my thinking is as well. i think they would require my consent to cancel my immigration. i had signed the standard ' this is my representative' form that is part of the immigration forms.

i dont think they can cancel it on thre own.

 

[Baloo]

yes thats what my thinking is as well. i think they would require my consent to cancel my immigration. i had signed the standard ' this is my representative' form that is part of the immigration forms.

i dont think they can cancel it on thre own.

The sponsor can cancel an application at any time up to "landing" without any reference to the applicant.

If the company (and you) had an agreement that they would provide sponsorship or facilitate immigration, while you were employed then they can cancel.
But if you have some other agreement then you may be able to proceed.
It really depends on the agreement that you have with the company.

Do you have a signed document from the company that details an agreement relating to immigration?


A representative is allowed to conduct business for you. You can cancel a representative using the same form that granted the representative access.

 

[rjessome]

My company hired a lawyer for me who is my representative for CEC immigration.

What happens if i decide to quit/laid off from my job, can the company tell the lawyer to cancel my immigration without my authorization?

CEC does not require any sort of sponsorship or support from an employer for an applicant to be eligible. If your company is paying the lawyer's bills, they can end their contract with him/her. However, the lawyer represents YOU, not the company, with respect to your application. The lawyer may contact you to ask if you want them to continue representation and you could then come up with your own financial arrangement to continue or have them withdraw as your representative. But if you are worried about the employer or lawyer cancelling your application, they cannot do that.

 

[Baloo]

rjessome,

In theory, could a company set out a contract that the lawyer would cancel an application if the applicant did not fulfil certain conditions of work (i.e they leave employment)?

When a company offers to pay for the lawyer, doesn't that constitute a contract with the company as well?

Would it be any different if the company was paying the immigration fees?

 

[rjessome]

rjessome,

In theory, could a company set out a contract that the lawyer would cancel an application if the applicant did not fulfil certain conditions of work (i.e they leave employment)?

When a company offers to pay for the lawyer, doesn't that constitute a contract with the company as well?

Would it be any different if the company was paying the immigration fees?

No, this should not be able to happen as the lawyer, if acting as the applicant's representative, can only withdraw an application to CIC with the applicant's written consent. The lawyer can withdraw as the representative of the applicant but cannot cancel the application. Remember that the employer is NOT applying to CIC, only the applicant is.

By acting as representative for the applicant, they are responsible for doing what is in the best interests of the applicant within ethical and legal boundaries of their profession. For example, I cannot and will not lie knowingly to CIC even if it would help my client. If my client asks me to lie or participate in a lie, I must withdraw as their representative or I am party to fraud. However, that does not mean I can tell CIC that my client asked me to lie. The client is still covered under our agreement of confidentiality, like lawyer-client priviledge.

So even if the lawyer's contract is with and fees paid by the employer, they are representing the applicant for legal purposes. It can make for a complicated situation and should be covered off in the retainer agreement under their Conflict of Interest policy. The lawyer should have made it clear to both the employer and the applicant at the outset regarding WHO they are actually REPRESENTING.

Now in the case of PNP which is normally a joint application, the employer can withdraw their sponsorship of the applicant by informing the relevant Nominee Program that the applicant is no longer working for the employer. PNP can cancel the nomination certificate and WILL inform CIC of same. This could end the applicant's PR application unless they have found another employer to continue the sponsorship and the PNP has agreed to the new employer. However, this is NOT necessary for a CEC application as the applicant is assessed on different criteria and employer support is not a requirement.

The agreement between the employer and applicant about who is paying the bill for the legal fees and application fees is separate from anything to do with immigration. It would be covered under contract law and has no bearing on the immigration application.