August 16, 2024
Top Misconceptions About Hiring an Immigration Lawyer Debunked
We all know that the Canadian immigration laws are complex and in continuous change. When preparing to enter to Canada as a temporary or permanent resident, many people ask themselves whether it is advisable to hire a Canadian immigration lawyer or not. It is not mandatory to have representation, though, in some cases, having a good, knowledgeable immigration lawyer on your side could be crucial in navigating the complex provisions of immigration law and policy. However, there are a few misconceptions that might deter people from seeking professional help. Here are some of the top misconceptions debunked:
- “Immigration Lawyers Are Only for Complex Cases”
Debunked: Few can argue that immigration lawyers are invaluable for complex cases. However, an immigration lawyer can also be very helpful for seemingly straightforward cases. They can assist with routine paperwork, ensure compliance with regulations, and provide valuable advice that prevents small issues from becoming big problems. Often times a complex case does not start off as complex, but only after missteps from self-representation or under representation. We have represented many clients that when we first sat down with them thought they had everything “ready for submission” and were “just checking a few things”. But that was not the case. Thankfully, many complications can be avoided early on in the process. - “I Can Handle Immigration Matters Myself Using Online Resources”
Debunked: Yes, the online resources may be very helpful, but a lay person does not know that the internet postings often provide generalized, skeletal information that might not apply to their specific case. Immigration laws are complex and constantly changing, and relying solely on online resources can lead to costly mistakes. - “Immigration Lawyers Are Too Expensive”
Debunked: The cost of hiring a Canadian immigration lawyer varies widely. Many lawyers offer a block fee, not “by the hour” fees, they also may have flexible payment plans. Considering the potential costs of making errors in your application or missing deadlines, the investment in professional help can actually save you money in the future. Once mistakes are made, it is more difficult and costly to correct, if possible. - “All Immigration Lawyers Are the Same”
Debunked: Not all Canadian immigration lawyers have the same expertise or experience. Some specialize in processing applications only, others in medical or/and criminal inadmissibility, while some specialize in appeals to Immigration Appeal Division or Federal Court representation. It is important to find a lawyer who specializes in the area of immigration law relevant to your case, as different lawyers have different areas of expertise and specialization. - “Immigration Lawyers Can Guarantee a Specific Outcome”
Debunked: No lawyer can guarantee a specific outcome to your application. It would be completely unethical to “guarantee” a result. Immigration decisions are ultimately made by the Canadian immigration authorities. But a knowledgeable and experienced lawyer can spell the difference. - “Immigration Lawyers Are Only for Canadian Citizens or Permanent Residents”
Debunked: Canadian Immigration lawyers assist people from all over the world, at various stages of their immigration case, including those seeking temporary or permanent visas, refugee status or dealing with deportation issues. A Canadian immigration lawyer’s expertise is valuable regardless of the applicant’s status, inside or outside of Canada. - “You Only Need an Immigration Lawyer If You are Facing Deportation”
Debunked: A Canadian immigration lawyer can be invaluable at any stage of the immigration process, from applying for a temporary or permanent visa, to responding to IRCC for additional documents or preparation for eventual interviews. The lawyer’s assistance may help your case in pre-emptively addressing potential issues. - “Immigration Lawyers Will Just Do All the Work for You”
Debunked: Preparing an application to be submitted to IRCC is a team effort. While immigration lawyers will handle the legal work and provide guidance, the client / applicant will still need to provide the necessary supporting documents, fill out the forms with their personal information, and comply with set deadlines. It is a partnership. - “Immigration Lawyers Can Influence Immigration Officials”
Debunked: Canadian immigration lawyers can never influence immigration officials or expedite processes through favoritism. Their role is to provide expert advice, prepare the case thoroughly, and advocate on their clients’ behalf, all within the bounds of the law. - “Hiring an Immigration Lawyer Means I am Admitting I have Done Something Wrong”
Debunked: Having a lawyer that may provide an applicant with legal assistance is not an admission of guilt or wrongdoing. Many people hire Canadian immigration lawyers to ensure they are following the correct procedures and to minimize the risk of errors that could affect their immigration application outcome. Many applicants successfully employ immigration lawyers throughout Canada each year.
Understanding these misconceptions can help you make a more informed decision about hiring a Canadian immigration lawyer and can potentially lead to a smoother and successful immigration process. It is an important and potentially life-changing decision, be informed and proactive.
Thank you for reading.
Alexandra Goncharova
Alexandra Goncharova earned a Juris Doctor from Osgoode Hall Law School (Toronto) following an undergraduate degree in criminology at York University. Prior to joining Bellissimo Law Group PC, Alexandra worked for a number of years in the practice of immigration law with a focus on immigration inadmissibility and appeals. Alexandra also gained valuable experience and understanding of refugee law during her placement at the Refugee Law Office as a law student. She has extensive experience in immigration, citizenship and refugee applications and appeals and has volunteered for various community organizations. Alexandra is bilingual in English and Russian. At Bellissimo Law Group PC she works as a member of the Immigration Inadmissibility Team and is a passionate and tireless advocate for her clients.