You make the big decision to immigrate to Canada and complete the appropriate application process. After waiting a significant amount of time and expecting an approval, for whatever reason your application is denied.
It is upsetting and discouraging when this occurs but it is not a done deal. The good news is there is an appeal process for people who have had their applications denied and still think they are a suitable candidate for immigration.
The not so good news is it can be a confusing and frustrating process. An immigration lawyer will give you the best chance to make a successful appeal and below are 5 reasons why.
After receiving word of your denial to immigrate to Canada, it is vital to hire an immigration lawyer to navigate the reasoning behind the denial and evaluate your case. An immigration lawyer can look at your case and provide some direction and advice regarding how to receive a successful outcome.
While there are chances of appeals being overturned, in a large majority of cases the appeals court upholds the original decision. Because of this fact, instead of appealing the decision it may be more beneficial to seek an alternative. Immigration lawyers can review your information and give you advice on how to put yourself in a good position to be accepted for immigration.
2. Experienced representation
Immigration lawyers are especially helpful because they are experienced and specialize in the immigration process. Immigration laws, policies, and procedures are being altered all the time and if a citizen is not up-to-date, it could mean the difference between an accepted application and a refused one.
Immigration lawyers are up-to-date on everything relevant to the immigration process. They are familiar with the appeals process and have knowledge regarding method to file the appeal, documents required, witnesses needed to support your appeal, and what to expect regarding timeframes.
3. Effective in dealing with court
The immigration appeal process in Canada has two stages. In the first stage, the court reviews all documents pertaining to your application and you can argue that the decision in your case was made in error or it was unreasonable. If the court agrees, they can then choose to examine your case more in depth in the second stage.
When this happens, the appellant and the immigration lawyer attend a hearing where the opportunity to prove that the decision was erroneous is given. In most cases the person that applied for immigration does not speak the language and is confused with the court process. The immigration lawyer can help with any barriers, is familiar with the process and immigration laws, and will effectively argue why the original decision should be overturned.
4. Prevents deportation
While immigration lawyers play a crucial role in appealing decisions for people before immigrating, they are also effective in filing appeals for people that were approved initially but face deportation. The immigration lawyer knows what paperwork is required to appeal a deportation and have experience in halting a deportation while the appeal process is still active. Upon receiving a notice of deportation, a person can remain in the country after filing an appeal.
Usually the appeal hearing can take a few months to occur and during the time between the appeal being filed and the hearing, an immigration lawyer can form an effective case and prepare the appellant and witnesses to provide testimony.
5. Provides alternatives
After evaluating a case to determine if an appeal should be pursued, sometimes a lawyer may decide that it is not worthy enough to proceed. Sometimes if a lawyer thinks that the wrong status was chosen on the initial application, he or she may advise a person to withdraw their application and re-apply under a different designation.
If circumstances have changed since originally applying, the lawyer may recommend re-applying with the new information. The lawyer’s main objective is making sure that your appeal is successful and as a result he or she will provide an alternative if deemed necessary.