Canada's going big with its plan to welcome 500,000 immigrants each year by 2025. That means it would add up to nearly 1.5 million new folks. The immigration process there is known for being straightforward. Still, starting fresh in a new country can be a bit alien.
That's where immigration lawyers and migration agents come in. They navigate the legal hoops and paperwork to make your transition smooth. This blog is your guide to knowing about both and figuring out who you might need on your side to help you immigrate to Canada.
Who Are Migration Agents?
Migration agents are also known as immigration consultants or Regulated Canadian Immigration Consultants (RCICs). They are experts at helping you through immigration applications and processes. They've gone through a one-year certification program accredited by the College of Immigration and Citizenship Consultants (CICC).
These agents guide you on startup visa immigration policies and prep your applications. They can even represent you before Immigration, Refugees and Citizenship Canada (IRCC) and the Immigration and Refugee Board (IRB). Just keep in mind, though — they can't represent you in federal court or provide legal support beyond administrative assistance.
Who Are Immigration Lawyers?
Canadian immigration lawyers are legal professionals with extensive education and training in law. They have an undergraduate degree, complete a three-year law program, and pass the provincial bar exam.
These lawyers give top-notch advice and carefully prepare and review all your startup visa immigration documents. They can also represent you in court. Regulated by provincial law societies, they're your go-to advocates during immigration interviews and hearings. After all, they handle everything from appeals to tricky cases involving criminal inadmissibility and judicial reviews.
How Do Migration Agents and Immigration Lawyers Differ?
How is an Immigration Lawyer consultant different from a Law Firm consultant? Although immigration is federal, our lawyers at Ackah Law are licensed to ensure you are protected. #CanadaImmigration #Immigration pic.twitter.com/KlPC7xeBbK
— Evelyn Ackah (@AckahLaw) March 26, 2023
Qualifications and Education
Immigration Lawyers
Canadian immigration lawyers, or attorneys, have extensive legal education and training:
1. Undergraduate Degree
A lot of law schools want prospective students to have an undergrad degree first. That means immigration lawyers go through an extra three to four years of schooling before they get to the law books.
2. Law School
After getting an undergraduate degree, aspiring lawyers attend law school. This generally involves a three-year Juris Doctor (JD) program. It covers everything from contracts to criminal law.
3. Bar Exam
After law school, graduates face the infamous bar exam in their chosen province. This test is a challenging test that assesses their knowledge and ability to practice law.
4. Internship/Articling
Many lawyers also undergo a period of internship, known as articling. Here, they get into real legal work under the supervision of experienced lawyers to gain practical experience.
Immigration Consultants
Immigration consultants follow a different educational path. It is less intensive compared to that of lawyers:
1. Certification Program
Consultants take a one-year certification program accredited by the College of Immigration and Citizenship Consultants. This program gives them the lowdown on immigration procedures and policies.
2. No Undergraduate Requirement
Unlike lawyers who have to go through getting an undergrad degree before law school, consultants have it a bit easier. Even without an undergrad degree, they can get right into their certification program.
Scope of Work
Immigration Lawyers
The scope of work for immigration lawyers is broad and includes various legal services:
1. Legal Representation
Immigration lawyers can represent you in court, including federal court, if your immigration application is denied or requires judicial review. This sets them apart big time from consultants.
2. Comprehensive Legal Advice
Lawyers are experts at giving you the lowdown on the immigration law, from tricky cases involving criminal history to appeals. With their legal training, they know how to solve complex issues and make sure your case stays on the right track.
3. Document Preparation and Review
Lawyers help prep and review all your application docs to make sure everything's spot-on and complete. Their skills include attention to detail. The result? Fewer slip-ups! Your application won't end up in the rejection pile.
4. Client Advocacy
Lawyers can advocate on behalf of clients during immigration interviews and hearings. They bring a strong legal presence to the table, making sure your case is solid and you're well-represented.
Immigration Consultants
Immigration consultants offer a bunch of services, but they are not as extensive as what immigration lawyers do:
1. Application Assistance
Consultants help you fill out all forms and make sure you've got every last document needed. In other words, they’re there to double-check everything and ensure your applications are correctly filled out.
2. Guidance and Advice
Consultants break down the processes and requirements. This way, they help you get a clear picture of your options and the steps you need to take.
3. Representation
Consultants can represent clients before Immigration, Refugees and Citizenship Canada and the Immigration and Refugee Board only. But, if things get serious and you need to go to federal court, they're not your go-to. That's a job for the lawyers.
Regulatory Bodies
Immigration Lawyers
In Canada, each province has its own law society to keep immigration lawyers in check. They make sure the lawyers obey the rules. For instance, Ontario has the Law Society of Ontario. Such societies oversee the conduct of lawyers. They also make sure that the lawyers uphold high standards of professionalism and ethics.
Immigration Consultants
Immigration consultants are regulated by the College of Immigration and Citizenship Consultants. It sets all the standards and makes sure these consultants are professional and trustworthy. Once they complete their training, they get a seven-digit CICC number. You can check it to make sure they're legitimate and in good standing with the regulatory body.
Conclusion
When you're choosing between an immigration lawyer and a consultant, think about how complicated your situation is. If your application is as straightforward, a consultant might be enough. But if things get complex or there are legal issues, that's where you need a lawyer's legal skills. They can tackle complex cases and even represent you in court.
No matter which route you take, skills of both can help you with your business immigration. You just have to pick the right fit for your situation and make an informed choice. After all, having the right pro on your side can make all the difference to starting your business in Canada.
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