Lawyer versus consultant? Immigration data shows visa applicants have best shot with formerDecember 10, 2018
The following article appeared in the Sunday, December 9, 2018 edition of the Toronto Star newspaper. Its contents have been reproduced in their entirety. The article offers some interesting insights into the advantages of using the services of a Canadian Immigration lawyer over those of a Canadian Immigration consultant; however, we leave it up to our readers to draw their own conclusions.
By NICHOLAS KEUNG Immigration Reporter
Sun., Dec. 9, 2018
Foreign nationals who prepare their own Canadian visa applications are nearly as successful in being accepted as those who spend money on a consultant to do the job.
But chances of success are much higher if they hire an immigration lawyer to help get their study, work or visitor visas, according to immigration data obtained under an access to information request.
Canada received 342,154 temporary resident applications in 2017, the data shows. While 86 per cent of applicants declared themselves as self-represented, 6 per cent were represented by consultants and another 5 per cent by lawyers. The remaining 3 per cent hired Quebec notaries or used “non-remunerated” representatives.
Overall, 18.9 per cent of the applications were rejected. Those who prepared their own applications had a 19.3 per cent refusal rate, slightly higher than the 18 per cent among those who paid a consultant to do it.
In contrast, only 10.4 per cent of applications prepared by a lawyer were rejected. The refusal rates for applications prepared by Quebec notaries and unpaid representatives were 13.1 per cent and 10.1 per cent respectively.
Marina Sedai, chair of the immigration section of the Canadian Bar Association, said she wasn’t surprised lawyers had the highest success rate.
“Canadian lawyers’ rigorous education, legal analysis skills, and high ethical standards enforced by an effective regulator, have long been understood to result in better outcomes,” Sedai said.
“Lawyers’ culture of the law being a calling rather than a business means that although lawyers will often take the tough cases, they will also protect clients by advising them against hopeless cases.”
When it comes to the lower success rate for consultants, lawyers are quick to point out that group has lower educational requirements and a less robust regulatory regime than lawyers. For their part, consultants say the immigration data is too general and doesn’t give the full picture.
“It is based on the flawed assumption that all applications are equally complex. In reality, applications completed by unpaid representatives may be far simpler, thus having a much higher chance of success,” said the Canadian Association of Professional Immigration Consultants in a statement to the Star.
Currently, licensed immigration consultants must meet a minimum language requirement and graduate from an accredited immigration practitioner program, which takes about a year to complete full time. While only about 1,000 lawyers practise immigration law, there are five times more licensed consultants in Canada.
“Immigration lawyers typically have completed a four-year bachelor’s degree before undergoing a very competitive process for admission to law school. Law school degrees take three years to complete and are also no cakewalk. Then there is the bar admissions course which must be passed, the articling process, etcetera,” said Toronto immigration lawyer Ravi Jain.
“Many immigration consultants have only completed online courses at a community college. The education and training is just not comparable.”
The immigration consultants’ association, which has more than 2,000 members, said it’s pleased more people are using consultants and believed that’s due to the generally higher fees charged by their lawyer counterparts.
Regulatory bodies for lawyers and consultants do not mandate how much their members can charge clients, but fees can range from hundreds to thousands of dollars.
Jain, who is also vice chair of the bar association’s immigration division, said the success rate for lawyers would likely be even higher if not for the fact lawyers often take up very difficult and complex cases.
“A lot of my clients come to me after they have gone to a consultant or tried on their own,” Jain said, adding many are reluctant to lodge a complaint against their former consultant and prefer just to have him reapply.
“It’s much more difficult to obtain approvals when applications have already been refused,” he added.