Notes

Immigration Lawyers - WHAT EXACTLY ARE They Best for?
When I checked my inbox this morning I found a very important email from a business of immigration professionals which I belong to.

Actually, this email is so crucial to my capability to practice immigration law that I forwarded it to all or any of my staff, saved it inside our firm's electronic address book, and printed it for inclusion in the binder that sits on my desk right by my telephone.

Yet, the simple truth is that this email makes me feel just like I'm a silent partner in a deception being perpetrated on the general public by CIC. Let me explain.

Citizenship and Immigration Canada clearly takes great public pride in the quantity of information and resources it offers to the public through its website and call centre. CIC boasts that "All the forms and information you need to obtain a visa are for sale to free with this website."

Therefore, it's no wonder that in the website's FAQ, the solution to the question: "Do I need an immigration representative to help me apply?" is really a "no."

The general public is told that "The Government of Canada treats everyone equally, if they use a representative or not."

Will your case be processed more quickly if you hire a representative? CIC advises that "If you opt to hire a representative, the application will not be given special attention by the immigration officer."

Is this really true? Is everything you need really out there? Do you need a lawyer? Would it make a difference if you have one? Put another way: are those who are using lawyers and consultants to take care of their immigration applications just throwing out their money?

I hate answering these questions since doing other's immigration work is how I make my living. People would be justified in being sceptical about my answers to these questions.

Nevertheless, you "all the information you need" is not actually out there and, yes, in many cases an attorney or consultant's involvement can spell the difference between success, delay, or abject failure.

The information at cic.gc.ca is general in nature and cannot possibly contemplate the infinite factual scenarios that applicants might present when applying. Furthermore, the agents at the decision centre cannot and do not provide callers with legal services. It is simply not in their mandate to take action. Instead, they give "general home elevators the CIC lines of business... provide case specific information, and accept orders for CIC publications and application kits."

In other words, they can not tell you what you 'should' do when met with obstacles or strategic decisions to make.

Also, in the event that you encounter a problem that needs to be escalated, which is not uncommon, you can find precious little information on the CIC website concerning where to direct your complaint or question.

Not so with immigration professionals.

The email I received this morning can be an update of CIC's protocol on how immigration professionals should direct their queries. The correspondence contains the email address for each and every Canadian visa post overseas and the names and email addresses of the immigration program managers at all of those offices. It tells us how, and to whom, to direct case-specific enquiries to the Case Management Branch in Ottawa and when and how to follow up if we usually do not get a timely reply. It offers instructions on how best to direct communications relating to quality of service complaints, situations involving possible misconduct or malfeasance of immigration officers, procedures, operational and selection policy, and processing times and levels.

To my knowledge, these details is not distributed to members of the general public. CIC's failure to publicise this information will not reflect preferential treatment for individuals who are represented. Instead, it really is simply an acknowledgement that immigration professionals do, and also have always, played a vital role to make an overburdened and under-resourced program function at all (or even function well).

Sharing global mobility visa with the public would result in an avalanche of correspondence being fond of senior officials that are disseminate so thinly that they could never get any work done.

It is true that, except in exceptional and deserving cases, hiring a lawyer or consultant can't get an application moved from the back of the line to the front of the line. Also, an officer will not approve an applicant who is not qualified just because they're represented. However, it is also true that an honest and experienced representative won't clog up the machine by submitting an application that simply won't fly.

Furthermore, professionals who specialize in this area know the process and learn how to avoid errors that cause delays. They learn how to sift through mounds of convoluted facts and properly and convincingly document and present the salient ones as a way to establish the foundation for the approval of the application quickly and efficiently.

CIC doesn't prefer to acknowledge the positive role lawyers and consultants play to make its bureaucracy work for the public. It really is loath to see us as partners in delivering the immigration plan it really is given annually by Canada's immigration minister of the day.
Here's my website: https://www.ukimmigrationattorneyvirginia.us/global-mobility-visa