complaint about lawyer

Old Aug 3rd 2005, 7:58 pm
  #1  
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Unhappy complaint about lawyer

Hi All

Are all lawyers regulated now?
To whom do I complain about bad advice given by a so called expert?
You think when you ask specific questions about the immigration process that what they tell you is based on fact not on a whim or an idea that it might work.
We have just spent months of work, preperation,hope, an exploritary trip, a POSITIVE interview with the NB government, the expense of the exploritary trip plus staffing our business while we were away, only to be told by lawyer that we do not have time to pursue our application for NB PN, before our son becomes 22, therefore making him ineligable to go on our visa.
I wouldn't mind that but this was an issue I raised with the lawyer at the start of the process and was assured that he could "lock in" son to application by sending an earlier application to federal gov first and waiting for NB to nominate. Now he says we don't have time and that we should send son to college for a year on a full time course to get him on application. He told me this 2 days ago.
Son is working full time , just about to get promotion and has financial comitments that make going back to being a full time student not a practical option. Besides which he is 22 in september, college starts in a couple of weeks. It doesn't give us any time to organise any of this.
I think my lawyer is having a laugh.

Meanwhile we are devestated.

Pennyhp
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Old Aug 4th 2005, 12:50 am
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Default Re: complaint about lawyer

Hello Pennyhp,
I am sorry to hear this about your son, and hope you will find away.
I do not know about complaints, but I can only give you suggestions about other options that your son might have apart from going to full time education. He can try to find a job in and then apply for a work permit so you both go to Canada together and once in Canada can apply for his own PR, alternatively, you keep your application going without him included and once you land, he can apply on his own, and the fact that he has relatives in Canada might qualify him for the PNP in this way he can follow within a relatively short period of time, and finally he can go as a visitor until his PR is finalised
good luck

Ibraheem

Originally Posted by pennyhp
Hi All

Are all lawyers regulated now?
To whom do I complain about bad advice given by a so called expert?
You think when you ask specific questions about the immigration process that what they tell you is based on fact not on a whim or an idea that it might work.
We have just spent months of work, preperation,hope, an exploritary trip, a POSITIVE interview with the NB government, the expense of the exploritary trip plus staffing our business while we were away, only to be told by lawyer that we do not have time to pursue our application for NB PN, before our son becomes 22, therefore making him ineligable to go on our visa.
I wouldn't mind that but this was an issue I raised with the lawyer at the start of the process and was assured that he could "lock in" son to application by sending an earlier application to federal gov first and waiting for NB to nominate. Now he says we don't have time and that we should send son to college for a year on a full time course to get him on application. He told me this 2 days ago.
Son is working full time , just about to get promotion and has financial comitments that make going back to being a full time student not a practical option. Besides which he is 22 in september, college starts in a couple of weeks. It doesn't give us any time to organise any of this.
I think my lawyer is having a laugh.

Meanwhile we are devestated.

Pennyhp
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Old Aug 4th 2005, 2:21 am
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Default Re: complaint about lawyer

Unfortunately it is not as easy as locking the age - in case of dependent children age is locked at the time of application, but dependecy factors are not. So, child who is 22 or older must be a full time student since before turning 22 and continue attending school full time until visas PR are issued to be elibible to remain dependant in your application. More bad news - regardless of age child must be dependent on you and your son is employed full time, it makes him already independent.

You should have been told this at the beginning, regardless if you asked or not. Instead you were told a lie. You cannot lock in dependency factors and most importantly you cannot submit PR application as PNP nominee without PNP certificate. You may apply as federal skilled worker or business applicant but you cannot change class later - in order to "switch" to PNP you must withdraw your pending application and submit new one - so, whatever was "locked in" with original application date is gone anyway once you withdraw it and file new case.

You got very bad, unprofessional advise from your expert. If your "expert" is a consultant then you may file complaint with CSIC (providing that he is a member of course) and if a lawyer then with Law Society in the Province he practises. But it won't turn back time and won't change facts anyway. If he is not member of CSIC or Law Society or Chambre des notaires du Québec then you are out of luck with filing a complaint. Demand all your money back if you can.

It may also be a good idea to warn other readers here to stay away from such "expert".


Originally Posted by pennyhp
Hi All

Are all lawyers regulated now?
To whom do I complain about bad advice given by a so called expert?
You think when you ask specific questions about the immigration process that what they tell you is based on fact not on a whim or an idea that it might work.
We have just spent months of work, preperation,hope, an exploritary trip, a POSITIVE interview with the NB government, the expense of the exploritary trip plus staffing our business while we were away, only to be told by lawyer that we do not have time to pursue our application for NB PN, before our son becomes 22, therefore making him ineligable to go on our visa.
I wouldn't mind that but this was an issue I raised with the lawyer at the start of the process and was assured that he could "lock in" son to application by sending an earlier application to federal gov first and waiting for NB to nominate. Now he says we don't have time and that we should send son to college for a year on a full time course to get him on application. He told me this 2 days ago.
Son is working full time , just about to get promotion and has financial comitments that make going back to being a full time student not a practical option. Besides which he is 22 in september, college starts in a couple of weeks. It doesn't give us any time to organise any of this.
I think my lawyer is having a laugh.

Meanwhile we are devestated.

Pennyhp
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Old Aug 4th 2005, 5:01 am
  #4  
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Default Re: complaint about lawyer

Originally Posted by Andrew Miller
Unfortunately it is not as easy as locking the age - in case of dependent children age is locked at the time of application, but dependecy factors are not. So, child who is 22 or older must be a full time student since before turning 22 and continue attending school full time until visas PR are issued to be elibible to remain dependant in your application. More bad news - regardless of age child must be dependent on you and your son is employed full time, it makes him already independent.

You should have been told this at the beginning, regardless if you asked or not. Instead you were told a lie. You cannot lock in dependency factors and most importantly you cannot submit PR application as PNP nominee without PNP certificate. You may apply as federal skilled worker or business applicant but you cannot change class later - in order to "switch" to PNP you must withdraw your pending application and submit new one - so, whatever was "locked in" with original application date is gone anyway once you withdraw it and file new case.

You got very bad, unprofessional advise from your expert. If your "expert" is a consultant then you may file complaint with CSIC (providing that he is a member of course) and if a lawyer then with Law Society in the Province he practises. But it won't turn back time and won't change facts anyway. If he is not member of CSIC or Law Society or Chambre des notaires du Québec then you are out of luck with filing a complaint. Demand all your money back if you can.

It may also be a good idea to warn other readers here to stay away from such "expert".

Hi Mr Miller

Thank you for your clear advice.
My lawyer has now advised that providng My son begins full time education before turning 22, that he would be included on the visa. Is that correct or should he have never left education?

Thanks

Pennyhp
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Old Aug 4th 2005, 5:12 am
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Default Re: complaint about lawyer

He must be a enrolled as full time student and attending classes full time, at least 15 hrs/week **since before turning 22** and must remain dependent financially from you until visas are issued.

It is not funny that your "lawyer" learns his trade on the job after taking your money. He is probably learning by reading this forum as we speak. Ditch him and hire real professional, even if you can't get your money back. You have much more to risk by retaining his "services".


Originally Posted by pennyhp
Hi Mr Miller

Thank you for your clear advice.
My lawyer has now advised that providng My son begins full time education before turning 22, that he would be included on the visa. Is that correct or should he have never left education?

Thanks

Pennyhp

Last edited by Andrew Miller; Aug 4th 2005 at 5:15 am.
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Old Aug 4th 2005, 10:06 am
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Default Re: complaint about lawyer

Originally Posted by Andrew Miller
He must be a enrolled as full time student and attending classes full time, at least 15 hrs/week **since before turning 22** and must remain dependent financially from you until visas are issued.

It is not funny that your "lawyer" learns his trade on the job after taking your money. He is probably learning by reading this forum as we speak. Ditch him and hire real professional, even if you can't get your money back. You have much more to risk by retaining his "services".
Thanks

I think we will be dispensing with his services. There is no point in hiring anyone else as my son does not at this time qualify himself for a visa and there does not seem to be way of getting on ours so it may well be time to throw in the towel.

Pennyhp
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Old Aug 4th 2005, 12:51 pm
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Default Re: complaint about lawyer

Originally Posted by Andrew Miller
He must be a enrolled as full time student and attending classes full time, at least 15 hrs/week **since before turning 22** and must remain dependent financially from you until visas are issued.

It is not funny that your "lawyer" learns his trade on the job after taking your money. He is probably learning by reading this forum as we speak. Ditch him and hire real professional, even if you can't get your money back. You have much more to risk by retaining his "services".
Dear Andrew

Even if he ditch the lawyer and hire another one it would not change situation he is in, can it????

You remember my case, I also would never want to immigrate without my son, but one thing i can say they could use Quebec Investor immigration, i was talking the bankers they did told me if you apply as Quebec Investor, Quebec would help you issuing CSQ for you son even if he in ineligible as dependent. I suppose this would only be possible for borderline cases such as this.

Anyway you would have better idea about all this.
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Old Aug 4th 2005, 12:57 pm
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Default Re: complaint about lawyer

Azam,

Quebec has nothing to do with dependency. It is IRPA and it's regulations that require dependency factor to continue even if age is locked in.



Originally Posted by Azam Ali
Dear Andrew

Even if he ditch the lawyer and hire another one it would not change situation he is in, can it????

You remember my case, I also would never want to immigrate without my son, but one thing i can say they could use Quebec Investor immigration, i was talking the bankers they did told me if you apply as Quebec Investor, Quebec would help you issuing CSQ for you son even if he in ineligible as dependent. I suppose this would only be possible for borderline cases such as this.

Anyway you would have better idea about all this.
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Old Aug 4th 2005, 1:03 pm
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Default Re: complaint about lawyer

Originally Posted by Andrew Miller
Azam,

Quebec has nothing to do with dependency. It is IRPA and it's regulations that require dependency factor to continue even if age is locked in.
I know but i was told that Quebec would issue him CSQ and independent applicant. That was two sources Mrs. B and another banker whom i was independently talking with.
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Old Aug 4th 2005, 1:39 pm
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Default Re: complaint about lawyer

It is a different story - he won't be a dependant in parent's application, he will have his own CSQ as independent.

Originally Posted by Azam Ali
I know but i was told that Quebec would issue him CSQ and independent applicant. That was two sources Mrs. B and another banker whom i was independently talking with.
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