Canadian Immigration Attorney
Q.1. I have read that one can apply for Canadian permanent residence without hiring a lawyer. Is this true? 2. When it comes to my future settlement plans, I believe in the saying "penny wise is pound foolish"; but what is the difference between hiring a lawyer and hiring a consultant?
A.1.There is no rule of thumb, written or unwritten, which prescribes that one must engage counsel to successfully apply for Canadian permanent residence The process of assessment requires a thorough understanding of laws and regulations which are regularly being revised, and policies and procedures which are modified on a weekly basis to meet the objectives of the current Government of the day. The decision-making process which flows from the exercise of such qualified discretion, also requires the consideration of a number of issues, which are the subject of volumes of Government of Canada processing procedure manuals and government operations memorandums, by immigration officers. 2. A consultant is any individual who is called on to render advice. A licensed lawyer, (attorney, barrister, solicitor) is an individual lawfully permitted to perform legal functions such as draft legal documents, interpret and apply legal statutes, provide legal advice and represent persons before courts, administrative agencies, tribunals, etc. The practice of law is regulated by each of the provinces. Once admitted to practice law, the conduct of lawyers is strictly regulated by the provincial Professional Order of Lawyers, which imposes a complex series of rules governing the dealings of member lawyers. Due to the increased incidence of non lawyers who calling themselves consultants, have been involved in wide ranging irregularities in the Canadian immigration field, various levels of government are currently reviewing proposals which would regulate the practice of advice-giving in the Canadian immigration field. While there have been some examples of lawyers who have been involved in various irregularities, the public at large and/or lesioned persons may seek direct and expedient recourse against such offending lawyers by laying formal complaints with the governing provincial Professional Order of Lawyers. In All factors considered, it is more advantageous to engage the services of a trained and experienced immigration lawyer, rather than a consultant. This is especially the case at the present juncture, where the Canadian citizenship and immigration field is undergoing significant change in governing legislation, regulations and government policy which merits the insight of a trained Canadian immigration lawyer.
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