When can you handle Canadian immigration applications independently and when to seek professional help? Unless there is something of concern in the applicant’s circumstances, many immigration matters can be managed alone. However, files involving complex personal backgrounds, a prior refusal, or business immigration typically warrant the expertise of an immigration lawyer or consultant to navigate potential challenges effectively.
Canadian Immigration: When to Do It Yourself and When to Seek Expert Help
Canada is known for its welcoming immigration policies, attracting individuals and families from around the world. However, the immigration process can be complex and overwhelming. Many prospective immigrants and visitors wonder whether they need to hire an immigration lawyer or consultant to assist them.
In this article, Lyon Stern’s managing partner, Michael Sigurdon provides some common sense advice on situations where you can confidently navigate the immigration process on your own and scenarios where it’s advisable to seek professional help from a lawyer or consultant.
Complexity and Disruptive Risk Matrix
When assessing whether to engage a lawyer two factors are most determinative — complexity and risking the disruptive impact of a refusal. A complex file is one where the applicant’s situation or background provides a challenge. These factors may differ depending on the eligibility requirements for each application type and may include the economic disparity between Canada and the applicant’s country of residence.
The importance of a positive result is subjective to the applicant but is much easier to gauge by the potential disruptive impact of a negative decision. A temporary residence visa refusal may only interfere with vacation plans but the consequences of refusing a family sponsorship application may result in family separation and are considerably more severe.
Assessing the matrix is straightforward. When an application is simple, presents no complexities, and is less critical, you can usually complete the application yourself with some research. Conversely, when an application is complex and achieving a positive result is important, you should always seek professional advice. When an application presents complexities or is of exceptionally high importance it is advisable to seek the advice of an immigration attorney.
Complexity is Not Always Obvious
One area that tends to result in difficult cases where applicants do not realize their circumstances or background may result in issues. It is not always easy to identify the potential problems. For example, two students may appear similarly situated – both having undergraduate degrees and a letter of acceptance to the same postgraduate program. However, what if one student is from Australia, South Korea, or the United States while the other is from India, Pakistan, or Nigeria? What if one student’s parents are working professionals while the other’s has a more modest background? What if one student has a family member living in Canada? What if one student had to borrow money for tuition while the other did not? What if one student chose to work for several years after graduation before returning to study? What if there are similar academic programs available closer to home? What if one student has previously traveled internationally while the other has not?
Other Factors: Budget and Time
The reality is that legal representation can be expensive and many applicants have budget limitations. In some cases, an applicant would rather have a professional take care of their straightforward application to ensure it is done properly and avoid the time-consuming work of assembling a file. More often though, regardless of circumstance, many applicants may choose the do-it-yourself option to avoid the expense.
File Review is an Excellent Option
Lyon Stern offers an application file review service that usually costs 15-25% of our full-service option but still offers peace of mind for our clients. Clients can access our expertise and knowledge to identify potential problems, correct errors or inconsistencies, ensure file completeness, and provide strategic advice to help prevent delays and denials.
Depending on the type of application and supporting documentation a skilled attorney can complete a file review in 1-6 hours. This allows our clients to utilize our expertise while managing the more time-consuming aspects of proper case preparation themselves. A file review will often include an initial consultation to help provide the client with a detailed road map to follow when preparing their application.
Evaluating Your Options
When considering whether to hire an immigration lawyer, evaluate your specific situation based on the complexity and potential risks involved. Here are some tips to help you decide:
Assess Your Case: Determine if your situation is straightforward or if there are complexities that could require professional assistance.
Research: Utilize government resources and reputable online platforms to understand the requirements and processes involved in your application.
Consultation: If in doubt, consider a consultation with an immigration lawyer. Many offer a free initial consultation, allowing you to gauge whether your case warrants professional help.
Cost-Benefit Analysis: Weigh the potential costs of hiring an expert against the risks of submitting an application incorrectly, which could lead to delays or denials.
Conclusion
Navigating the Canadian immigration process can be daunting, but understanding when to go solo and when to seek expert help can make a significant difference. For straightforward applications, many individuals can confidently manage their own processes. However, for complex cases or situations with potential complications, consulting an immigration lawyer is advisable. By assessing your unique situation and utilizing available resources, you can make informed decisions that pave the way for a successful immigration journey in Canada.
