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Why Do You Need a Canada Immigration Lawyer To Help With Your Application to Immigrate? Why not do it yourself?
What is a Paid Canada Immigration Consultant?
| Federal Regulations for Immigration Consultants / Immigration Lawyers
| Concerns and Complaints
| Appeals | Investor Immigrants | Work Permits aka Work Visas |
Examplars of Canada Immigration Lawyers Services - by Jeffrey Lowe, B.Com., LLB.
There is so much free information on the web right?
Canada Immigration & Citizenship website www.cic.gc.ca has application forms, kits, and guides. And there are websites, Chat Rooms, and newsgroups to get ideas about how to handle your immigration case.
So you ask yourself, "Why do I need a lawyer to handle my immigration case?"
The truth is, you don't need just any lawyer. Most lawyers specialize in a particular area of practice. You wouldn't go to a Family doctor, or even a Heart surgeon, if you have liver cancer; you'd see a liver cancer specialist!
In the same way, you don't want to go to a general lawyer, or a corporate lawyer to handle your Immigration matters; with diligent research, you may learn more about immigration procedures than the general lawyer you hire!
The same is true for Immigration Consultants. While many Consultants are good at immigration procedures, most do not have any legal training to think about the "why" behind the "how to".
Unless they work with an immigration law firm, they're not likely to have
the expertise to recognize and deal with complex situations or problems that arise.
When hiring a lawyer for your immigration case, you need one who knows the most up to date Immigration law and procedures. Who handles immigration cases all the time, and not "on the side". And whom you can trust your family's future with.
Consider these facts:
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The stakes are high. It's not just money; it's the years of time, energy, and your future plans that are affected. You can't afford to make a mistake.
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You've never done it before, and may never do it again. Canada's immigration laws are complex, and most lawyers don't even know all the new provisions. Do you really want to learn the law and procedures yourself, and use your family as a test case?
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Immigration laws are in a state of flux. ...
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You may not know if you've made a mistake, especially a fatal one, until many months later.
....
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You need the right answers to your questions, which you can rely on.
Information that you get from Canada Immigration's clerks is often inconsistent, and sometimes completely wrong! Also, while there are thousands of pages on Canada Immigration's website, you need to find answers to your questions, and how to apply them to your situation. Lowe & Company, we do the thinking for you....about the right questions, as well as the right answers.
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You need to know the right Questions. You often have options, but don't know about them; you need to ask the right questions. At Lowe & Company, we review your case, consider your legal options, then ask YOU the questions, to process your case smoothly.
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There may be problems delaying your case, but you don't even know about them. We periodically search your Immigration file to see if there are problems with your case. Then, we will advise you as to the best solutions for these.
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Increase your chance of an Interview Waiver: Often, we can help you get an interview waiver by providing additional documents which are not on Canada Immigration's "document lists". We consider the facts of your case, then advise you as to what could improve your chances of an interview waiver.
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The cost is worth the benefit. Lowe & Company's legal fees are competitive, and are payable in instalments as your case progresses. The cost of failure is much higher.
see also
Applications and Forms
from Citizenship & Immigration Canada [ Canadian Government Web site ]
Appeals of Canada Immigration Decisions
Everyone applying to immigrate to Canada has the right to have their application treated fairly, and assessed in accordance with the law. Immigration officers are human, however, and even if you have a good case, it may still be refused. In most cases, the law provides you with a right to appeal.
There are many reasons why cases may be refused. You may not have prepared your case well, with enough supporting evidence.
[Note: While you don't need a lawyer or immigration consultant to apply to immigrate to Canada, only a lawyer(s) can represent you in Canada's Federal Court system.]
Business People Immigrating to Canada : Federal Investor Program
[Business-Immigration Lawyers] ... help business people
prepare their cases so that a Visa Officer can clearly understand what your
business is, how it has been successful, and why it qualifies for Investor
Immigration. We never blindly submit the documents that Canada Immigration
requests on their "checklist", because that might not be applicable or relevant.
Instead, we think through the process, analyze your documents, advise of any
additional evidence we need. Only after we have done that preparation will be
submit your case.
Canada allows successful business owners and managers to
immigrate by investing $400,000 CDN for 5 years, interest free, into a
Government guaranteed Immigration Fund." Unlike the Entrepreneur program,
Investors and their family members are given unconditional immigrant visas, and
are free to live anywhere in Canada.
See also "Who is a Business Immigrant
[ Canadian Government Web site ]
How to Qualify for Canada's Investor Immigrant Program
To qualify as an Investor, applicants destined for any province in Canada other than the Province of Quebec
must meet 3 conditions:
- They must have "Business Experience"
- They must
have a legally obtained net worth of $800,000 CDN; and
- They must invest
$400,000 without interest for 5 years into the Federal Immigrant Investor
program. Many banks will lend you monies to invest in the fund, so that you just
need a down payment of about $130,000 CDN.
Investor Immigrants must also earn at
least 35 points on the Investor/Entrepreneur Point Assessment Grid. Investor
Immigrants destined for Quebec must apply to immigrate under the Quebec Investor
Immigrant Program.
Read more on this subject by going to CanadaVisaLaw.com Business Immigrants Info.
Self-Employed Category of Immigrants to Canada
What do Artists, Musicians, Athletes, and farmers have in
common? Not much!
But they all may qualify to immigrate to Canada as Self
Employed Persons.
Over the years, [Lowe & Company's] lawyers helped many people immigrate as Self
Employed persons. These have included "Rappers" from Korea; Symphony musicians
from Taiwan; Artists and Kung Fu Masters from China; Concert pianists from
Singapore; and Farmers from India. You can't get a more diverse group than that!
No matter what their background, we've helped them through the Canada
Immigration system, by reviewing their case, advising on how they can prove
their qualifications, preparing them for their interview, and taking through the
system. .... We've had them bring their Portfolio's, CD's and other examples of their
work, and in some cases, they've even demonstrated [their performance skills ]....
at the interview!
A Self Employed Person is an
immigrant who intends and has the ability to be self employed in Canada, in
cultural activities, athletics, or in managing a farm.
If you have participated
at a world class level in your field, you don't have to have been self employed
before coming to Canada.
Self Employed persons are foreign nationals who have 2
years of "relevant experience", and have the intention and ability to be self
employed in Canada, and to make a significant contribution to "specified
economic activities" (cultural activities, athletics or the purchase and
management of a farm) in Canada.
For more detailed information about the Self-Employed Immigrant Category, go to
CanadaVisaLaw.com/self-employed.htm
Canada Work Permits [also commonly known as Work Visas]
Possible Traps & Pitfalls in the Canada Work Permit Area
There are a number of traps and pitfalls in the Canada Work Permit area - which people can unwittingly fall into. Some of these could have serious repercussions on both the foreign worker and the Canadian company. These include:
- 6 month ban for working illegally ...
- Misrepresenting or Withholding material facts...
- Ban from returning to Canada...
If you have been found inadmissible because of a misrepresentation, or any other offence under any Canadian law, you may not be able to immigrate to Canada, or even come back to Canada, without the consent from the Minister of Immigration.
- Leaving Canada during renewal processing...
- Some categories of Work Permits have limited renewal periods...
for more details on Canada Work Permits go to CanadaVisaLaw.com/work_permits.htm
See also Working Temporarily in Canada
[ Canadian Government Web site ]
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Tips on finding-choosing a Canada Immigration Lawyers | Certified Immigration Law Specialists
OK, you've decided to look for a lawyer to consult on your immigration or permit application.
How do you choose between the hundreds and thousands of lawyers on the web?
See our article on
Tips on finding and choosing a Canadian lawyer or law firm
Regulating Who Can Be Paid to Represent Immigrant Applicants for Canada
New Government Regulations for Paid Representatives: Canada Immigration Lawyers and/or Immigration Consultants
www.cic.gc.ca/english/department/consultants/paid-reps.html
[quote fr. above Citizenship and Immigration Canada website 2005.01.21]
"...The new regulations [starting in 2004] state that paid representatives must be authorized:
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in order to conduct business on behalf of clients when dealing with the Government of Canada in immigration and refugee matters; or
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to provide advice or assistance.
Authorized, paid representatives may only be [emphasis added]:
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immigration consultants who are members in good standing of the Canadian Society of Immigration Consultants; [s/a www.csic-scci.ca]
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lawyers who are members in good standing of a Canadian law society [ie. Provincial law societies e.g. Ontario's Law Society of Upper Canada or
BC] and students-at-law under their supervision; and
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notaries who are members in good standing of the Chambre des notaires du Québec
[s/a www.cdnq.org [note this site as of 2005.01.20 is only in French]
and students-at-law under their supervision.
If you have an application or proceeding already underway as of April 13, 2004, you may continue to use the services of your paid representative until April 13, 2008.
After April 13, 2008, if your representative is not a member of one of the organizations listed above, you may choose to either continue unrepresented or to hire an authorized representative.
You are not obliged to hire a representative for immigration or refugee matters. The Government of Canada treats everyone equally, whether they use the services of a representative or not.
Consumer Protection / Complaints in use of Immigration Consultants or Immigration Lawyers
Concerns - When using a "Immigration Lawyer"
If you have concerns about the lawyer you have retained to assist you in your immigration
application, go to the Provincial Law Society that the lawyer is a member of - they all have
a "complaints-concerns about your lawyer" area
e.g. BC Law Society's "Concerned about the conduct of your lawyer?"
These web information areas typically make reference to "code of conduct and ethics guidelines and rules" and how the law society may play a role in an individual's concern over their working relationship with a lawyer.
Concerrns - When using a Immigration Consultant
Consumer Protection
The Canadian Society of Immigration Consultants Société canadienne de consultants en immigration [www.csic-scci.ca] regulates immigration consultants who are members and protects the interest of consumers who pay these consultants for their services through its Complaints process.
[Note: there is a list of "Suspended Members" on the Society's web site
The Society's Rules of Professional Conduct set out the rules of professional and ethical conduct members have to abide by. Members failing to meet these obligations are subject to the Society's Complaints and Disciplinary Process.
The Society can address your Complaints about a consultant who is a member by:
Assisting you with concerns about that consultant's services
Investigating complaints about that consultant's behaviour or conduct
Disciplining that consultant if he or she is found guilty of contravening (or breaking) one of the Society's Rules of Professional Conduct
* * * * * *
Canada Embassy & Counsulate Offices Around the World
See the Department of Foreign Affairs web site for their listings of embassies
www.dfait-maeci.gc.ca/world/embassies/menu-en.asp
* * * * * *
Twenty Questions to Ask - Before You Hire a Lawyer
An excellent Checklist for someone to use in selecting a lawyer, has been prepared by the publishers of
www.lawyers-bc.com/tips.htm. You will find these guidelines useful
for not just Immigration Lawyers but other types of lawyers also.
* * * * * *
Canada Immigration Law as a Preferred Area of Practice
The Law Society of BC has lawyers who have stated a particular "preferred area of practice"
Canada Immigration Law is one of these P.A.P's.
Not all lawyers who advertise in: telephone directories; on the Web or in magazines have
stated their Preferred Area of Practice with the Law Society of BC, as it appears
there is no
requirement that they do so.
* * * * * *
Canada Immigration Research and Statistics
"Find the latest research and statistical information on citizenship and immigration trends."
[quote from Research and Statistics fr. Citizenship & Immigration Canada [Government Web Site]
Canada Immigration Government Policy and Regulations
"
See what the law says. You can read the Acts, the Regulations or a range of related information
[on the Government web site at
www.cic.gc.ca/english/policy/index.html
. Information includes:]
- Immigration and Refugee Protection Act (IRPA)
Learn about Canada's new immigration law, which came into effect on June 28, 2002.
- Citizenship Act and Regulations
See Canada's latest Citizenship Act and Regulations.
- Manuals and Operations Memoranda
See CIC manuals, operations memoranda or read related questions and answers.
- ... go to this site for information on above and more topics
Canada Border Services Agency (CBSA) | Agence des services frontaliers du Canada
- "The CBSA is an integral component in enhancing Canada's national security. We will build on the success of the Canada-United States Smart Border Declaration to ensure the twin goals of public safety and economic security." [quote fr. website 050121]
www.cbsa-asfc.gc.ca
Jeffery S. Lowe, Canada Immigration & Business Lawyer, Vancouver BC
Jeffery S. Lowe heads the Business Immigrant Team and the Global HR Team of Lowe & Company. This firm has helped
individuals and businesses in over 50 countries immigrate, do business and handle their intracompany transfer needs
e.g. through NAFTA work permits and visas to Canada.
Jeffrey is the Team Leader for Lowe & Company's Business Immigrant Team, which has brought many Business Immigrants to Canada from Asia, North America, and the Middle East. He also heads up Lowe & Company's Global HR Team , which assists Canadian and Multinational companies to bring in foreign workers and executive transferees to Canada.
Professional Courses and Papers
Jeffrey has taught courses on Canada's Immigration Law to lawyers, Canada immigration officials, and Immigration consultants, both in Canada and abroad, since 1990. These have included:
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Overview of Canadian Investor Immigrant Program: Washington State Bar Association: 1990
- Canada Business Immigration Law: B.C. Continuing Legal Education Seminar, 1994
- Canada Business Immigration from the People's Republic of China: BC Continuing Legal Education Seminar, 1994
- Canada Business Immigration for non-Immigration Lawyers: BC Continuing Legal Education Seminar, 1998
- Canada Investor Immigration Update: Immigration Lawyers Subsection, Canadian Bar Association, 1998
- Proposed Immigration Regulations Change Provisions For Foreign Religious and Charitable Workers: Canadian Council of Christian Charities, April 2002
Visit www.canadavisalaw.com for a wealth of information about Canada's
Citizenship and Immigration programs.
Jeffery and his team of lawyers, notaries and relocation specialists are fluent in: English, Mandarin Chinese,
Cantonese Chinese, Teo Chiu Chinese, Polish, and Arabic.
Jeffrey S. Lowe
barrister & solicitor, B.Comm., LLB
Lowe and Company
#900 - 777 West Broadway,
Vancouver, BC, V5Z 4J7
Canada
phone: (604) 875-9338 fax: (604) 875-1325
e-mail: info@canadavisalaw.com
web-site: CanadaVisaLaw.com
Multi-Lingual Realtors in Vancouver & Victoria, BC
A immigration "relocation consultant" that many people depend on is their realtor.
Looking for experienced Vancouver realtors who speaks English / Chinese Cantonese / Chinese Mandarin
consider realtors Arthur Gee & Rosy Yung.
COLDWELL BANKER PREMIER REALTY
6272 East Boulevard (Kerrisdale Area)
Vancouver, B.C., Canada
V6M 3W5
see some of their work at
Metrotown.info Vancouver Real Estate
Looking for a Victoria realtor who speaks English / Chinese Cantonese / Chiu Chow / Chinese Mandarin
consider MLS award winning realtor Lucy Richardson, with Re/Max Camosun
see her web site at LucyRichardson.com or
see the Victoria Real Estate area of Metrotown.info
This page is in part sponsored by Lowe & Company CanadaVisalaw.com/home.htm as a public service for people looking for immigration lawyers and services in the Vancouver area.
Web site Disclaimer
This site lists lawyers with areas of practice including Canada Citizenship and Immigration / Refugee Law -
we advise you to verify if the lawyer is still maintaining their membership
with the Law Society of BC by going to www.lawsociety.bc.ca
as lawyers move or change areas of specialization over time.
The intent of this web-site is to provide "starting points" for people looking for sources of
legal information and specialists. Information on this web site is not to be seen as legal advice -- for that you directly consult a lawyer.
This site is not endorsed by web sites to which it provides links to, unless otherwise noted, where a particular
lawyer has volunteered to become a content contributor.
Credits
Photo of Ottawa's Parliament Buildings from Adrienne S. Chan, Ph.D, a Vancouver based
consultant in diversity/ anti-racism/ multiculturalism
training, research, organizational development, program development and review.
See www.GetDiversity.com
Errors or Omissions
If any lawyer-firm notes that we have made an error or omission in our mention of them on this web site, please send us
email with the appropriate information.
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Canada Immigration & Work Permits Help For
Applicants and Employers
Sample of an experienced group of lawyers with over 25 years of immigration and business consulting background providing services to immigrants and workers seeking work permits and to employers wishing assistance in recruiting overseas skilled trades people to fill the needs of a booming construction / mining / hightech economy in Western Canada can be seen at
CanadaTradeJobs.com
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Canada Immigration Government Reference Web Site
Canada Immigration Lawyers Listings
You are a Canadian citizen but just got injured in a car accident in Vancouver?
Consider these Personal Injury Lawyers
Rose Keith, Vancouver Personal Injury and Employment Law Lawyer -
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brain injury, spinal cord injury, chronic pain, psychological injuries and soft tissue injuries.
Office in Downtown Vancouver, on Georgia and Burrard St.
Philip Wiseman's Personal Injury American legal background is useful in handling cross-border cases. He offers services in Cantonese, Mandarin, Polish, Vietnamese, Russian and German.
Office 2 blocks from Vancouver General Hospital
JEREMIAH EASTMAN, BA LL.B.
Immigration Litigation Law & Antiterrorism Law Lawyer
He has 11 years experience as immigration litigation counsel for the Department of Justice Canada in Toronto.
He has appeared before all levels of Federal and Ontario courts & various tribunals of the Immigration & Refugee Board of Canada.
click for more information
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