With the implications of the recent election in America looming over the country, I have taken it upon myself to write this blog on immigrating to Canada. I noticed a vast majority of minorities and American citizens would like to explore immigration possibilities outside of America because of the political and social instability caused by Donald Trump and his destructive political rhetoric.
The process of immigrating to Canada is rather complex and difficult. It is recommended that people wishing to immigrate to Canada retain an authorized representatives under the Immigration and Refugee Protection Act (IRPA) to act on their behalf. Currently, licensees of the Law Society (Lawyers & Paralegals) and licensed Immigration Consultants are the only authorized representatives under IRPA. The first step is finding a reputable advocate to represent you during this difficult process.
Whether you have a representative or not you will still want to know if you meet the eligibility requirements. Please visit the following link to the Canadian government’s website regarding eligibility for more information. (Eligibility Link: http://www.cic.gc.ca/ctc-vac/getting-started.asp )
After determining your eligibility you then need to apply to immigrate, however there are different programs to apply under and a representative will determine the best immigration stream to apply under for the best chance of a successful application. This can be difficult without a legal representative. (Eligibility Link: http://www.cic.gc.ca/english/immigrate/apply.asp ) .
Many applicants regrettably fail to obtain a legal representative and as such their applications are incomplete, incorrectly executed, untruthful, or not submitted under the best possible immigration stream. Ultimately their applications are denied and all the time and money they put towards immigration is wasted. It is at this point most immigration applicants finally obtain a legal representative in hopes of filing an appeal and obtaining a successful appeal decision that will overturn their denied application. In reality a representative cannot always correct mistakes or incorrect information already submitted previously to Citizenship and Immigration (CIC). A representative can only argue that a mistake was made in the immigration member’s decision if the mistake is the applicant’s fault there is little recourse. Furthermore, a representative cannot rectify untruthful or incorrect information submitted to the CIC previously, this is why it is so important to submit the first application correctly. (Appeals Link: http://www.irb-cisr.gc.ca/Eng/ImmApp/Pages/ImmApp.aspx ).
If any information submitted to the CIC is untruthful or incorrect you can be deemed to have committed misrepresentation and will, therefore be ineligible to immigrate to Canada for an additional 5 years. Even when people do not misrepresent themselves intentionally they are still caught under this provision of the IRPA. A legal representative can help ensure the most accurate information is submitted to the CIC in order to avoid this problem. (Misrepresentation Link: http://www.cic.gc.ca/English/information/protection/fraud/document.asp )
Author – Brandon La Forty – Laforty Legal Services, November 9, 2016
Contact: Brandon La Forty – Paralegal
Disclaimer – Please note this blog is not legal advice and as such should not be construed as legal advice or relied upon as legal advice, please contact an authorized representative under IRPA for legal advice.