General Questions
Explore answers to commonly asked questions about immigration services that we offer at visafest.com
Before making the decision to choose an immigration representative, you may wonder whether or not you even need one. After all you may know people who have successfully obtained their visas without hiring an immigration lawyer or consultant. You may have heard stories of people simply filling out the forms, paying the government fees and they have been issued their visa.
However, you may have also heard of cases where the adventurous have gone it alone only to find that their visa application was refused. These stories are just that: stories.
Our position on applying for a visa without the benefit of legal representation is that it is a risk just is not worth taking. While it is true that it is possible for you to represent yourself in some simple immigration matters, the reality is that in doing so you are taking a big gamble.
Immigration laws are constantly changing and are very complex. You may have some basic understanding about what is involved in applying for a visa, but unless you are a full time immigration professional, you will not be aware of all the issues which may impact on your case. Moreover, even if you apply on your own and get your visa, you may have created some problems that could impact on your status long after your visa has been issued. So what seemed like a successful visa application, may turn out to be just the opposite.
Does this mean that we think you should leave it all up to the experts? No way.
We believe that it is important that applicants educate themselves about the visa process and work with a professional as a team. Both applicants and immigration professionals working together can maximize the applicant’s chances of success. Applicants know more about their personal circumstances than the professional, whereas the professional knows more about immigration law. Successful immigration cases result from bringing applicants and immigration professionals together to work as a team.
Applicants should also know something about the visa process to protect themselves from individuals representing themselves as immigration professionals when they are really not. Unfortunately, there is a great deal of corruption in the immigration business. By having a basic understanding about immigration, applicants can arm themselves against being victims of fraud.
There are essentially two types of immigration representatives offering their services to clients: Lawyers and Consultants.
Consultants
Consultants are immigration representatives who are not lawyers. They are often referred to as paralegals, law officers and, immigration specialists. Some consultants are former immigration officers who have left the government to work in the private sector. Immigration consultants are now regulated by the Immigration Consultants of Canada Regulatory Counsel (ICCRC).The ICCRC is responsible for regulating the activities of immigration consultants who are members and who provide immigration advice for a fee.
The ICCRC grants memberships to only those individuals who have demonstrated their knowledge and ability to advise, consult and represent people who wish to seek Canadian immigration, have passed the Society’s Knowledge and Ethics Test and have demonstrated their good character.
Lawyers
Lawyers often act as representatives for applicants with immigration matters. Unlike consultants, lawyers in Canada are required to have a university education and to complete law school. Lawyers are regulated by the Provincial or State Bar in the jurisdiction in which they practice. The fact that lawyers are regulated provides their clients with protection against unethical and incompetent practitioners
Immigration Lawyers
Immigration Lawyers are lawyers who practice primarily or exclusively in immigration law. They generally have a greater level of expertise than a general practitioner who may merely dabble in the field. Clients interested in hiring a lawyer with experience in immigration law should always ask the lawyer what percentage of their practice is dedicated to immigration law to determine if they practice immigration law on a regular basis.
Visafest works with licensed US and Canadian Immigration Lawyers and licensed Canadian senior and very experienced immigration consultants.
Many people mistakenly believe that all that is involved in applying for immigration is completing some forms and paying a fee. Nothing can be further from the truth. Completing your immigration forms accurately and honestly is essential of course but what really may make the difference between a successful application and one that is refused,, are the documents that you include in your application that are in support of your case.
Not only do your documents serve to substantiate the information that you have filled in on your application, but they also tell the visa officer reviewing the case, your story. The documents show the visa officer that not only do you qualify for a visa but that there is a real live person behind the application who really needs a visa.
Proper presentation of your documents is also important. The more organized your documents, the less risk there is of frustrating the visa officer by making it difficult for him or her to find the relevant information. Your goal as an applicant (or your lawyer’s goal) should be to make the visa officer’s job as easy as possible. Nothing is worse than presenting a disorganized application that annoys a visa officer.
What documents are you required to include with your application? The answer depends on the nature of application that you are submitting. For example, the documents that are required in support of a Study Permit application are much different than those required for an independent/skilled worker application. In most cases, the applications contain instructions on which documents are required for a particular application. Generally, you are asked to include documents proving your identity such as birth certificates or national identity cards. If you are married, you should also include your marriage certificate.
Do you have to submit original documentation? In most cases, photocopies of documents are acceptable but be prepared to submit original employment references and police clearance certificates. Each application has specific requirements for documents. It is important to carefully check what is required.
Documents tell your story. Make sure to include all relevant documents in support of your immigration case.