Differences between Canadian Immigration Consultant and Immigration Lawyer

What is a Canadian Immigration Consultant?

A Canadian immigration consultant is a licensed professional who assists individuals and families with immigration-related matters in Canada. They provide advice, help with applications, gather necessary documents, represent clients before immigration authorities, and ensure compliance with immigration laws and regulations. Only licensed consultants, lawyers, or notaries can legally offer immigration services in Canada. This is true whether the advisor is inside Canada or outside Canada.

Ensure that your immigration consultant is regulated

An RCIC is a professional who has completed a formal program on Canada's immigration laws and successfully passed a professional licensing exam. This certification validates their knowledge, training, and skills necessary to fulfill their responsibilities. Additionally, they have committed to adhering to a code of ethics in their practice.

RCICs (Regulated Canadian Immigration Consultants) are overseen by the College of Immigration and Citizenship Consultants), which is authorized by the Government of Canada. The College sets stringent standards of practice to safeguard consumers of immigration services. Their website outlines the process of becoming an immigration consultant in Canada and details what the public can anticipate from their consultant and the licensing organization.

The legal education of an RCIC is specifically focused on immigration law. They are limited to working within the scope of Canadian immigration, refugee, and citizenship law and policy within the legal system.

What is a Canadian Immigration Lawyer?

Canadian immigration lawyers are professionals who provide immigration services after completing a law degree from an accredited law school and being admitted to the bar of a specific province in Canada. Their legal education covers all areas of the Canadian legal system, giving them the ability to practice law across different domains. This broader training enables them to offer advice not only on immigration law but also on other aspects of the Canadian legal system, such as real estate or criminal court proceedings, if required. Additionally, immigration lawyers can represent applicants in court, further expanding their scope of practice.

Should I hire a lawyer or a consultant for my Canadian immigration application?

The answer depends on your specific needs. No single person, whether they're an immigration consultant or lawyer, can be an expert in every type of application due to the system's complexity and diversity. Typically, professionals specialize in specific areas. Therefore, it's essential to seek out an immigration consultant or lawyer with the relevant experience and expertise in your specific immigration matter.

Here are some general rules for getting started:

Immigration consultants can be beneficial if you:

• Are exploring immigration options
• Seek information about immigration processes
• Need assistance with visa applications

You may require a consultant or lawyer if:

• You face a significant immigration issue

A lawyer may be necessary if:

• You aim to challenge a refusal decision
• Your case requires legal representation in court
• You need legal support for other matters, such as Canadian criminal charges

When to hire a Canadian Immigration Consultant

If you're aiming to immigrate to Canada or extend your stay there, you'll need to apply for a specific type of status. For most application processes like Citizenship, Permanent Residence, work or study permits, and various visas, consulting with an immigration consultant is typically sufficient.

Immigration consultants handle the majority of Canadian immigration applications each year, which means they are usually very proficient in their work. Moreover, their rates are often lower than those of lawyers. Opting for a Regulated Canadian Immigration Consultant can provide the best of both worlds: expert guidance tailored to your situation at a potentially lower cost than hiring a lawyer.

Additionally, immigration consultants often come from diverse language and ethnic backgrounds. This diversity can make it easier for you to communicate and work with someone who understands your cultural context, streamlining the process.

Hire a Consultant or a Lawyer

In certain scenarios, you might need to decide between working with a consultant or a lawyer. The key factor should be assessing whether the representative you're considering has direct experience in handling situations similar to yours. This applies to standard immigration or refugee applications as well as potential challenges like procedural fairness letters, admissibility assessments, detention reviews, removals, or sponsorship appeals, all of which can be managed by either a consultant or a lawyer.

When choosing a representative, don't assume their competence. Inquire about their experience with cases like yours, their success rate, and how frequently they handle such matters. If you have two equally qualified representatives, factors such as fees and availability could guide your decision. However, for serious situations like the ones mentioned, competent legal counsel is crucial to avoid being barred from Canada. At this stage, prioritize competence over cost.

Hire a Lawyer

If you wish to challenge a Canadian immigration refusal that you believe to be unjust or erroneous, you'll typically need to initiate a court case known as Judicial Review in Federal Court. This legal procedure can only be undertaken by a lawyer on your behalf. Given the short timelines involved in filing for Judicial Review, it's crucial not to delay.

If you prepared the initial application without legal counsel and it was rejected, such as a study permit or spousal sponsorship, consulting with an immigration consultant may be a viable first step. However, it's important to note that self-prepared applications often don't meet the rigorous standards necessary for a positive outcome in federal court. In many cases, it may be simpler to reapply with a significantly improved application. An experienced consultant can guide you on whether this approach is suitable or if seeking legal counsel for Judicial Review is necessary.

As reiterated earlier, when engaging a consultant, inquire about their experience in preparing files like yours, especially in anticipation of a judicial review. Comprehensive applications are essential for any chance of success in Federal Court if the initial application is rejected again.

Unauthorized Representatives

Regardless of whether you choose to work with immigration consultants or immigration lawyers, it's crucial that the person you hire is licensed. Relying on advice from unlicensed individuals, whether they are friends, family, or fake consultants and lawyers, can be extremely risky. For instance, if you receive incorrect guidance from an immigration consultant, you could face serious consequences with Canada Immigration, potentially derailing your immigration process. Additionally, working with an unauthorized representative whom you haven't declared on your application can result in a 5-year ban from Canada for misrepresentation.

To protect yourself, it's best to hire a regulated immigration consultant (RCIC) or a lawyer based in Canada. This ensures that Canadian authorities can step in on your behalf if you are exploited or misled.

To verify if a representative is regulated or not, simply ask them. They should be able to provide proof by showing their name on the CICC website for consultants or with the Law Society of the Canadian province for lawyers. Or you can verify their credentials by following the steps below.

Step 1: Access the Public Registry . Here, you can find RCIC or RISIA that you wish to verify.
Step 2: Choose "Search for an RCIC or Search for a RISIA"

Step 3: Enter the information you need verify. For example College ID: R707018. Then press "Find."

*You don't need to fill out all the information fields to find the information you need. Check the column “Entitled to Practice” to verify the status of the immigration consultant. You can check the code circled red to know more about the type of license they hold.

Only RCICs and RISIAs with status "Active" and marked "Yes" under the "Entitled to Practice" on Public Registry can legally practice. If they cannot demonstrate their authorization through a public database, it's advisable to walk away and seek out authorized representatives who can assist you.

Are you considering a temporary visit to Canada or aiming to become a permanent resident? Regardless of your goal, choosing the right expert to work with is crucial for maximizing your chances of success. At TTN Immigration, our team comprises experts well-versed in various aspects of Canadian Immigration Law. Contact us to receive detailed consultation. Your success and well-being are our top priorities.

English version: https://ttnimmigration.ca/vi/en/khac-biet-giua-luat-su-va-chuyen-gia-tu-van-di-tru-canada/