Immigration lawyers are a huge asset when it comes to the new immigrant process. Laws are ever-changing, and having someone who actively studies and interacts with the legal system is invaluable when it comes to streamlining the immigration process.
One of the ways in which immigration lawyers are most helpful is their ability to deal with the Immigration, Refugees, and Citizenship division of Canada (IRCC). Much of the immigration process is mired with specific legal documents and forms, and having a lawyer to help you navigate the requirements for successful immigration status is great. But, how do immigration lawyers in Calgary work with the IRCC?
Immigration lawyers in Calgary work with the IRCC by registering as a client's authorized representative, which lets them communicate directly with the IRCC about a file, respond to requests for documents, and track an application's status. They also prepare and categorize applications correctly from the start and, where needed, pursue an appeal or judicial review if an application is refused.
Immigration lawyers are uniquely qualified to advise by their education and registry. In Canada, in order to give proper legal advice on immigration, you must be a member in good-standing of a Provincial or Territorial Law Society, a member of the Immigration Consultants of Canada Regulatory Council (ICCRC), or a member of the Chambre des notariés du Québec.
This means they are qualified, but it also guarantees that immigration lawyers in Calgary know the correct steps to take through the immigration process and the associated dealings with the IRCC.
Immigration officers are given great decision-making power when processing immigration case files. While they must act within the rule of law, a straightforward and clear application will be easier processed and will likely proceed through the system at a quickened pace.
This is why immigration lawyers in Calgary are so effective. They will complete the necessary forms, ensure your personal information is correct, and offer proper legal advice about how to categorize your application. Including, whether or not you can apply as a skilled tradesperson which will further speed up the application process.
To communicate directly with the IRCC on your behalf, an immigration lawyer registers as your authorized representative through the IRCC's official representative process. Once that's in place, the IRCC corresponds with your lawyer directly about your file, and your lawyer can check your application's status, respond to requests, and receive decisions as they're issued. This matters because it means updates and requests from the IRCC don't get missed or delayed while you're trying to interpret them on your own.
A common point in the immigration process is a request from the IRCC for additional documents or clarification, sometimes called a procedural fairness letter when the IRCC has a specific concern about part of an application. These requests usually come with a strict deadline, and missing it can result in a refusal regardless of how strong the rest of the application is.
An immigration lawyer in Calgary reviews what the IRCC is actually asking for, gathers the right supporting documents, and responds within the deadline in a way that directly addresses the concern raised.
When an application is refused, the available options depend on the type of application and the reason for refusal. They can include reapplying with a stronger file, appealing where an appeal route applies, or seeking judicial review at the Federal Court of Canada. Judicial review is a court process, and only a lawyer licensed with a provincial or territorial Law Society, not an immigration consultant, can represent a client in Federal Court. Significant delays can sometimes be addressed by following up directly with the IRCC or, in some cases, applying to the Federal Court for an order compelling a decision.
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IRCC Interaction |
What an Immigration Lawyer Does |
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Filing an application |
Prepares and submits forms, ensuring the application is categorized correctly |
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Ongoing case communication |
Registers as your authorized representative so the IRCC deals directly with your file |
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Requests for more information |
Reviews the request, gathers documents, and responds before the deadline |
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A refused or delayed application |
Advises on reapplying, appealing, or pursuing judicial review at the Federal Court |
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They register as your authorized representative with the IRCC, which lets them communicate directly about your file, respond to requests, and receive decisions on your behalf, while also preparing and submitting your application.
An authorized representative is a lawyer, immigration consultant, or Quebec notary formally named on your file, who the IRCC will then communicate with directly about your application.
This is a request for information or, in some cases, a procedural fairness letter, and it usually comes with a strict deadline. An immigration lawyer helps make sure the response is complete and submitted on time.
Both can act as authorized representatives for most applications, but only a lawyer can represent you in Federal Court if a matter reaches judicial review.
Options depend on the type of application and the reason for refusal, and can include reapplying, appealing where that option is available, or seeking judicial review at the Federal Court.
A lawyer doesn't control IRCC processing times, but a complete, correctly categorized application with no missing information tends to move through the system with fewer delays than one that needs follow-up.
Not necessarily, though a lawyer can still help make sure the application is complete and correctly categorized, which matters even for more routine applications.
Yes. THEBIL Family Law's primary focus is family law, and the firm also assists with immigration, real estate, and wills and estates matters.
At THEBIL Family Law we are committed to providing our clients with reliable, trustworthy and honest legal services. Inspired by our founding lawyer, Nne Christiana Udo, we are strong advocates for the rights of the vulnerable in society.
We will provide all those who need our service with staunch legal support. We have created a culture where we can achieve the goals that you set out for us. Our expertise is in family law, but we can also help with real estate, wills, estates, and immigration. Give us a call on (403) 457-3128 or go to our website (https://www.thebilfamilylaw.ca) and fill out a Contact Form.
