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Doing It Yourself...Or Use an Immigration Lawyer...You decide

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Old Feb 19th 2005, 11:57 am
  #16  
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

Well,

Before we applied I phoned a few Consultants listed in Canada news and e-mailed some too. Many of them told me not to bother applying as I had little chance of gaining a visa. However I knew of a colleague who had gained his visa with a similar background to mine so I decided to go it alone.

I applied and was very very carefull with my file including loads and loads of evidence on every area required, the forms were not hard either. 4 months later I had my visa. I informed one of the Consultants who I had been in contact with that I had been sucessfull and was basically called a liar.

There you go, I dont think its beyond anyone to do a complete application as long as you are carefull and evidence absolutely everything.

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Old Feb 19th 2005, 8:44 pm
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

From what i have learned here and reading on other sites. Using an immigration Lawyer may make your application appear quicker or be quicker because you can be assured if you use a reputable company/organistion they will have ALL the bases covered. They do these applications ALL the time and KNOW what the immgration authorities are actualy asking for in their requests. They also know the challenges one may face and assist with preparation other than just filling out the forms.
From what i am learning. One slip up can hold the process back for months or even null and void the application.


I think it comes back to the individual. Each process is individualistic to that person or persons. We are doing our own process, Partly due to financial reasons and partly due to us feeling comfortable with doing it ourselves. However if something should present itself that may be a question mark for us and we cannot get the assistance here or elsewhere, then we may indeed seek an immigration lawyer. Is too important and too valuable for us not to.
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Old Feb 19th 2005, 9:03 pm
  #18  
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

Originally Posted by frankieforehead
Hi All,
just wondering what your views are of using a lawyer against doing it yourself.
I put together my own application and sent it off...However I think that maybe if I had used a lawyer things might have been quicker...Please comment.
Regards
frankieforehead
There are quite a few threads on this question and I did a Poll a while back>

http://britishexpats.com/forum/showt...highlight=poll

which showed, that just as may people on this forum regret using a consultant as the ones, that regret not using one. Most people seem to be happy with whatever choice they make in the end.

My personal opinion is that If your case is clear cut (safe margin on points, no criminal or security issues, no other liabilities or risks in the process) then all a consultant will do for you is save some reading and some legwork. He may fill out the forms for you based on an Interview and you can call him with questions. You may have a bit more peace of mind when preparing the initial application, allthough I personally feel more at ease having worked myself deep enough into the procedure to send mine off on my own. That knowledge gives me more peace of mind, than I would have, had someone else done it for me. A consultant will not speed up your timeline in any way, and sometimes you can get quicker and more reliable answers to your questions on the forum, because you get multiple opinions.

Dont get me wrong, an expert is invaluable for critical and borderline cases, but I feel the process has been intentionally designed in such a straight forward way, that you can do it on your own. And to me it feels like a good way to start your new life.

Having said that, If I did run into problems, I personally would seriously consider appointing one of the consultants, which have proven, they know what they are talking about on this forum.

Last edited by mhhp; Feb 19th 2005 at 9:09 pm.
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Old Feb 19th 2005, 9:47 pm
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

Originally Posted by Maple Leaf
From what i have learned here and reading on other sites. Using an immigration Lawyer may make your application appear quicker or be quicker because you can be assured if you use a reputable company/organistion they will have ALL the bases covered. They do these applications ALL the time and KNOW what the immgration authorities are actualy asking for in their requests. They also know the challenges one may face and assist with preparation other than just filling out the forms.
From what i am learning. One slip up can hold the process back for months or even null and void the application.


I think it comes back to the individual. Each process is individualistic to that person or persons. We are doing our own process, Partly due to financial reasons and partly due to us feeling comfortable with doing it ourselves. However if something should present itself that may be a question mark for us and we cannot get the assistance here or elsewhere, then we may indeed seek an immigration lawyer. Is too important and too valuable for us not to.
Also , keep in mind that a lot of consultants / lawyers have some sort of money-back guarantee, thus only accepting cases with a high probability of having a positive end result, thus having a history of cases that are being processed faster than average and with a higher acceptance rate.
However, as stated in several threats, we as applicants are doing this once in our lifetime and if we would be doing it a second time, we would probably have "fine- tuned" it by what we learned out of our own personal experience, professionals had hundreds or maybe thousands of experiences like that.
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Old Feb 19th 2005, 9:56 pm
  #20  
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

Originally Posted by Morwenna
I haven't seen any....give some examples (I presume you mean skilled worker applicants, and via London office?)?

Nobody is getting their medicals or interview requests inside of a year post AOR. The only thing that seems to be happening quicker is the time from application to AOR as far as I can see, and that doesn't appear to have any relation to whether lawyers are used or not.

What you talkn bout, eh?
Hi Morwenna,
Yes your argument is plausable, Yet I don't see many people stating "I Used a lawyer at it took me 20 years to get in". But there are a lot of people who do not use a lawyer, who do seem to take a fraction longer...Maybe due to their personal circumstances, whereas those that do use one seem to have a clear indication that their application has been "Vetted" first before being sent off.

Without pulling other peoples names into this forum, it is clear to see those who are having an agonising wait and those that know they are just waiting to be processed.

Also I have said that I am within my timeline from AOR until Medical/Interview..and have complaints..But until this stage I was unaware, because of the lack of contact with CHC London, if my apllication was OK. Also those who used a lawyer and who submitted the same time as myself "Appeared" to be dealt with slightly quicker.

Regards
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Old Feb 20th 2005, 12:28 am
  #21  
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

We didn't use a lawyer, but as far as we could tell our case was/is relatively uncomplicated. Its nail-biting now, waiting for news....... maybe a lawyer would be able to find out what if anything is happening, but since we are still well within the expected timeline, I somehow doubt it!

I do think that, if you are unsure how your education or other aspects place you, or if you have complicated family dynamics etc, it would be advisable to seek expert advice!

The one thing we did fork out for, which I felt was worth for the peace of mind, was for an "expert" to check over our application and point out some minor ommissions etc, and tell us what to explain in covering letter etc.....before submitting it.

I still don't see anyone with a timeline signicantly shorter than yours, with or without a lawyer!

ps I do agree they CAN take a lot longer ..... and with no obvious forseeable reason! If we don't hear in the next month or three, I may severely regret not having one!!

Morw
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Old Feb 20th 2005, 2:44 am
  #22  
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

My partner and I have hired an immigration consultant and we have no regrets about it. I'd like to compare my decision to a real estate transaction I did a few years ago. I was selling a condominium that I had owned less than a year, so it was tempting to conduct a "for sale by owner" transaction and save myself the 5% commission that is standard in the local real estate market. However, I decided that I would have much more peace of mind - and a better chance of sales success - by hiring a realtor rather than handling the paperwork on my own. And in my opinion, the decision to immigrate to another country is a much bigger decision than a simple home sale, so we decided to entrust our CIC PR application to a professional (and, I might add, the immigration consultant's fee of USD$2500 was MUCH lower than the commission earned by the realtor from the condo sale ).

Our timeline:
Applied May 2004 (Buffalo)
AOR: June 2004
Initial Assesment: Feb 2005
Medicals / Additional documents / RPRF: Feb 2005

Hoping for passport request in May 2005
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Old Feb 20th 2005, 8:38 am
  #23  
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

Originally Posted by ChicagoJer
My partner and I have hired an immigration consultant and we have no regrets about it. I'd like to compare my decision to a real estate transaction I did a few years ago. I was selling a condominium that I had owned less than a year, so it was tempting to conduct a "for sale by owner" transaction and save myself the 5% commission that is standard in the local real estate market. However, I decided that I would have much more peace of mind - and a better chance of sales success - by hiring a realtor rather than handling the paperwork on my own. And in my opinion, the decision to immigrate to another country is a much bigger decision than a simple home sale, so we decided to entrust our CIC PR application to a professional (and, I might add, the immigration consultant's fee of USD$2500 was MUCH lower than the commission earned by the realtor from the condo sale ).

Our timeline:
Applied May 2004 (Buffalo)
AOR: June 2004
Initial Assesment: Feb 2005
Medicals / Additional documents / RPRF: Feb 2005

Hoping for passport request in May 2005
I totally agree with this and it is the main reason I decided to use a consultant. I felt confident enough to prepare an application by myself, based on the instructions that are published. I was also aware that there are some grey areas in immigration law and the process itself. One of these areas is the substitute evaluation. I wanted to make sure that my application was the best it could be because it so important to me.

A few people have stated that the use of a consultant will not speed up the process. I agree with this as long as the evidence that is initially submitted is conclusive. From the experiences shared on this forum it is evident that an omission can easily delay the process by a couple of months or more. I believe that using a consultant limits the chances of this occurring and therefore has the potential to speed the process up.

Like Maple Leaf already stated it is up to the individual, you go what you are comfortable with.

Well, that's my two cents worth!
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Old Feb 20th 2005, 10:17 am
  #24  
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

We are using an immigration lawyer

WHY !!!!!! for peace of mind to be honest, we were not quite borderline with points, but decided to use them just in case !!!
Their fees were only $1600USD whic is not a lot of money and they offer a money back gaurantee, in the unlikely event you fail, they do not take on cases that they do no think will pass.

I guess everyone on here has their own opinions on using or not using a lawyer.

Just about completed compiling documentation, waiting on police clearance forms and a reference from a previous employer, touch wood I think that will be all we need, so get all paperwork notarised, anyone know how much this will cost !!!!!!!

Eddie
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Old Feb 20th 2005, 10:46 am
  #25  
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

I actually talked my husband out of using a lawyer, or consultant. Why? Well we are a spousal case, and as we are both young, intelligent and ours IS a genuine relationship, I thought that the $1500 or so could be better spent on a plane ticket so we could see each other!!
I have no problems, SO FAR. But I can see why people would want to use one for piece of mind. Some of the worst case scenarios run through your mind, and it would be nice to have someone to call to ask their advice.
I do think that spousal applications are easier though, to prove a relationship seems to me alot easier than meeting a pass mark, and proving that you do.
But whilst we are on the subject, I would like to send a HUGE thank you to Andrew, Jim and PMM for their advice and giving up their time to help out all us "wanna be Canadians"!
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Old Feb 20th 2005, 11:57 am
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Exclamation Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

Just to summarize the matter and clear most common misconceptions about using or not using immgration practitioner.

A. What immigration practitioners cannot help with:

1. We can't speed up the process;

2. We can't get more points than applicant legitimately can get;

3. We can't get approved impossible to approve cases.


B. What we can do:

1. We can assure that all claims, qualifications, credentials, facts, etc. and fully and conclusively documented (even those applicant may not be aware of) - thus we can make sure that applicant received the maximum points she or he deserves;

2. Following the above we may assure that there is nothing left in the application package that may lead to officer's doubts, additional questions, need for clarification, verification or assessment, need for additional evidence, that all case specific evidence is there and all possible case specific questions and doubts are fully and conclusivelly addressed up front, etc. - thus eliminating the need for selection interview and save at least 6 months from the process (in many visa post saving is 1 to 2+ years with interview waived);

3. We may assure that application package with all supporting evidence is completed and prepared with full compliance with most current CIC and visa post policies and procedures;

4. We may assure that in cases not meeting the pass mark that will be in force at the time of assessment officer **will use substitute evaluation** and that application package is fully prepared and documented to increase chances for positive substitute evaluation;

5. We may assure that in cases fully meeting or exceeding pass mark that is or will be in force at any time during the process officer **will not have any margin for doubts leading him or her to the use of negative substitute evaluation**.
(And yes, there are many applicants with 75+ points being refused on the basis of negative substitute evaluation);

6. In the unlucky case of interview we may find out exactly what was the reason for interview and we may properly prepare applicant for such interview.

Above are just some of number of things we can and cannot do.

All of the above has nothing to do with having or not having a borderline case or so called "straightforward case". Use of those descriptions by some posters clearly indicates that they have rather misguided and/or limited understanding of the process.

Last edited by Andrew Miller; Feb 20th 2005 at 12:01 pm.
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Old Feb 21st 2005, 2:47 am
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

Originally Posted by Andrew Miller
You obviously didn't contact Jim or myself.
Thats the point Mr Miller. The biggest problem that potential immigrant faces is that how to find a good agents. Without the basic knowledge they fall
prey to fraud agents who promise everything. Unfortunately good agents from canada are not available in India. Every guy is saying differently
and that motivated me to read the books and fortunately found this site
and got an idea of the whole procedure. Withou that anybody can take you for a ride.

Australian govt has a list of agents. CIC started that with csic but
they are yet to publicise it fully. CSIC doesnt seem to be very effective
in controlling the francise system that is going in india.

The situation is so bad especially in india, that in a immigration seminar,
I see agents actually approve/take cases for people who can barely speak
english knowing fully well it is just not possible for them to get 7
in all....7 is no walk in the park. 7 is possible from people
used to using english like early age in english medium private schools
in india.
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Old Feb 21st 2005, 3:18 am
  #28  
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

Originally Posted by Canadaproject
Australian govt has a list of agents. CIC started that with csic but
they are yet to publicise it fully. CSIC doesnt seem to be very effective
in controlling the francise system that is going in india.
CSIC members have to be Canadian citizens or permanent residents, so there's a good likelihood that 'consultants' in India - or Australia or any other country- may not qualify

.
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Old Feb 22nd 2005, 12:48 am
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

Originally Posted by ChicagoJer
CSIC members have to be Canadian citizens or permanent residents, so there's a good likelihood that 'consultants' in India - or Australia or any other country- may not qualify

.
Well i know that. They are operating as a francisee system. There is a canadian citizen/PR in canada CSIC regsitered who is getting a
commision for each case.n

Indians in India....i guess you know I am referring to the chandigarh based
agent.
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Old Feb 22nd 2005, 2:45 am
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Default Re: Doing It Yourself...Or Use an Immigration Lawyer...You decide

It is against the rules to operate "as a franchise". The foreign agent of authorized consultant in Canada can only refer potential clients to the consultant, nothing more. Person who is not an authorized consultant himself or herself cannot counsel, advice, consult, assess, nor take any money from client.

What you refer to as "franchise system" is called by CSIC and CIC as "ghosting" and is a violation of CSIC and CIC rules. Unfortunately India is one of few countries where such scams are operating on rather large scale. CIC made it quite clear that once any application is determined to be submitted under such scheme it will be returned without processing, so expect sooner or later a lot of unhappy people in India trying to get their money back from those "franchises".

Originally Posted by Canadaproject
Well i know that. They are operating as a francisee system. There is a canadian citizen/PR in canada CSIC regsitered who is getting a
commision for each case.n

Indians in India....i guess you know I am referring to the chandigarh based
agent.
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