September 17, 2024

Key Services Offered by an Immigration Lawyer in Canada

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Posted by Lijing Cao - Bellissimo Law Group PC

In North America, including Canada, lawyers are specialized in various areas of law. Immigration lawyers in Canada specialize in Canadian immigration law and offer services for permanent or temporary residence applications to both individuals and businesses. Applications may be complex and raise issues related to credibility, medical, or criminal inadmissibility, to list just a few examples.

During the initial consultation with an immigration lawyer, the client’s personal situation, eligibility, and admissibility are assessed for various immigration programs. At the end, an initial plan of action is devised. One of the most important services rendered by immigration lawyers in Canada is assisting their clients in preparing and submitting applications for permanent or temporary resident visas under the correct program and pathway toward achieving the client’s ultimate goal.

Canada has many programs for both temporary and/or permanent residence that are complex and often related to one another, so a knowledgeable immigration lawyer plays a valuable role in the success of a person’s case. Let’s have a quick look at some of these programs:

  1. Federal Skilled Worker (FSW), Canadian Experience Class (CEC), and Federal Skilled Trades (FST) – all processed under the Express Entry (EE) system – are used by the majority of applicants who want to become permanent residents of Canada. As the score is an important factor in all these applications, the lawyer might guide you to explore Provincial Nominee Programs (PNP), which might offer additional points and raise your score. Eligibility criteria, preparing and securing the required documentation, and submitting applications are important steps to consider in such cases.
  2. Family Sponsorship is another program for spouses, children, or parents. These programs might change often; therefore, having an immigration lawyer on one’s side is beneficial.
  3. Business Immigration: There are a few business programs available, but a businessperson may still benefit from an immigration lawyer’s advice. Business programs include the Start-Up Visa Program and the Provincial Nominee Entrepreneur Programs for certain provinces.
  4. Refugee and Asylum Claims: An immigration lawyer can determine the strength of an applicant’s circumstances in seeking refugee protection in Canada, prepare the refugee claim, and provide representation at the refugee hearing before the Immigration and Refugee Board of Canada (IRB).
  5. Federal Court Judicial Reviews and/or Immigration and Refugee Board (IRB) Representation: When a client’s permanent or temporary immigration application is refused, an immigration lawyer may represent them in judicial reviews or appeals before administrative tribunals, such as the Immigration Appeal Division (IAD) or the Federal Court of Canada, to seek reconsideration of the negative decision.
  6. Canadian Citizenship Applications: Immigration lawyers may represent you in your citizenship application, after assessing eligibility, preparing the application, and, if necessary, assisting with the citizenship interview.
  7. Employment and Social Development Canada Audits and Inspections: An immigration lawyer may also represent a Canadian employer in case they are audited, resulting in inspections and/or compliance reviews.
  8. Detention Reviews: Canadian immigration lawyers may also represent a client facing enforcement action, such as immigration detention or removal orders.
  9. Procedural Fairness Letter Responses: When a foreign national or permanent resident is facing allegations of misrepresentation, medical inadmissibility, criminal inadmissibility, financial inadmissibility, amongst many others, immigration lawyers are invaluable in assessing the merits of a potential mitigation strategy, which may spell the difference between admission to or removal from Canada.
  10. Legal Opinions: Immigration lawyers are often called upon to assess the collateral consequences of immigration findings on a foreign national’s or permanent resident’s pending criminal charges, family law proceedings, or tax investigations. The advice is often essential to navigating the intersection of different legal regimes affecting a person’s life.

These are just a few of the key services offered by immigration lawyers in Canada, aimed at helping individuals and businesses navigate the complex process of immigration, refugee, and citizenship law, policy, and delivery while ensuring compliance with Canadian laws and regulations.

Lijing Cao

Lijing’s practice encompasses a broad range of Canadian immigration matters, including all categories of work permit applications under the Temporary Foreign Worker Program and the International Mobility Program, citizenship, labour market impact assessments, study permits, temporary resident permits, and sponsorship applications. She also advises entrepreneurs, business owners, international students and skilled workers on the options for permanent residence to Canada, including provincial nominee programs, Start-up Visa, Federal Skilled Worker, and Canadian Experience Class programs.

Lijing graduated from the University of Toronto with a Master of Laws (LL.M.) and holds a Juris Doctor degree from Hong Kong. She is fluent in Mandarin and Cantonese Chinese. Prior to joining Bellissimo Law Group, Lijing worked as an associate lawyer at a boutique business immigration firm, where she provided advice to corporate clients to fulfill their workforce mobility and labour shortage needs.