{"id":2323,"date":"2023-07-18T15:19:28","date_gmt":"2023-07-18T19:19:28","guid":{"rendered":"https:\/\/cila.co\/?p=2323"},"modified":"2024-09-30T16:22:39","modified_gmt":"2024-09-30T20:22:39","slug":"the-vital-role-of-lawyers-in-untangling-canadas-immigration-web","status":"publish","type":"post","link":"https:\/\/cila.co\/fr\/the-vital-role-of-lawyers-in-untangling-canadas-immigration-web\/","title":{"rendered":"The Vital Role of Lawyers in Untangling Canada\u2019s Immigration Web"},"content":{"rendered":"

Written By<\/em> Yameena Ansari, Principal Lawyer at Ansari Immigration Law<\/em><\/p>\n

Introduction<\/strong><\/p>\n

In an ideal world, applicants to Canada\u2019s immigration system wouldn\u2019t need an immigration lawyer. We do not live in an ideal world. Immigration, Refugees and Citizenship Canada\u2019s (IRCC) website contains clear misstatements, conflicting advice, and information on programs that no longer exist. Faced with many obvious (and not so obvious) roadblocks, applicants can benefit significantly from the expertise of an immigration lawyer in navigating the complexities of Canada\u2019s immigration system.<\/p>\n

Misstatements on IRCC\u2019s Website<\/strong><\/p>\n

One significant challenge within the Canadian immigration landscape is the presence of misstatements and inaccuracies on IRCC\u2019s website. For example, the educational requirements for graphic designers to obtain a work permit under the Canada-United States-Mexico Agreement (CUSMA)<\/a> outlined on IRCC\u2019s website do not mirror the requirements of the actual CUSMA. CUSMA indicates a graphic designer must have a \u201cBaccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three year\u2019s experience.\u201d IRCC\u2019s website<\/a>, on the other hand, indicates a graphic designer must have a \u201cBaccalaureate or Licenciatura Degree; or state\/provincial licence.\u201d<\/p>\n

The inaccurately posted requirements on IRCC\u2019s website mean that an employer might decide against hiring a talented candidate because they mistakenly believe the candidate does not meet CUSMA\u2019s requirements. In this instance, the impact on applicants and employers is significant, as relying on incorrect information harms careers and businesses.\u00a0Additionally, when the public is misinformed about the immigration provisions of multilateral agreements, the broader goals of international treaties like CUSMA and Canada\u2019s diplomatic agenda are compromised.<\/p>\n

Regular website audits should be conducted to identify and rectify misstatements, ensuring accurate information is available to applicants.<\/p>\n

Conflicting Information on IRCC\u2019<\/strong>s website<\/strong><\/p>\n

IRCC\u2019s Processing Times Tracker is a valuable resource for applicants, providing estimated timelines for visa processing.\u00a0However, even this official tool is not immune to flaws. A recent example of conflicting information can be observed in the case of Pakistani visitor visa processing times.\u00a0In early May 2023, the tracker displayed an alarmingly high processing time of 802 days. A tweet<\/a> from the Minister of Immigration, Sean Fraser, clarified that the 802-day timeline was for applications backlogged due to the COVID-19 pandemic but that new applications would be processed in 30-60 days.<\/p>\n

The impact on applicants is profound when decisions regarding whether to apply, the timing of family visits, etc., are made based on incorrect data.\u00a0Based on the information in the tracker, many applicants have told me they\u2019d rather not apply at all. These same applicants were shocked when I told them that new visitor visa applications should be processed within 1-2 months.<\/p>\n

To prevent families, business travellers, and the like from making ill-informed visa decisions, IRCC should display multiple processing timelines on their tracker: (1) for those applications impacted by the pandemic; and (2) for fresh applications.<\/p>\n

Outdated Program Information on IRCC\u2019<\/strong>s website<\/strong><\/p>\n

Another challenge arises from outdated program information on IRCC\u2019s website, specifically about programs that are closed.<\/p>\n

For example, the operational manual for the Investor Visa program, which has been discontinued since 2014, is currently available under the \u201cactive manuals\u201d list<\/a> on IRCC\u2019s website. Potential clients frequently contact me, asking to enrol in the Investor Visa program, having arranged their lives and assets to become eligible to immigrate to Canada under this program. I have to break their hearts by telling them they have invested time and money preparing for a program that hasn\u2019t existed for almost a decade.<\/p>\n

Outdated manuals have also led to 110 applicants taking the Minister of Citizenship and Immigration to Federal Court – and winning. In\u00a0 Tafreshi v. Canada (Citizenship and Immigration), 2022 FC 1089<\/a>, the applicants submitted their immigration applications based on information in the Entrepreneur and Self-Employed manual posted under \u201cactive manuals\u201d on the IRCC website. Unbeknownst to the applicants, their applications were judged against a newer manual’s criteria. The judge found that, \u201cIRCC\u2019s labelling of [the manuals] created and continues to create a confusing situation, one which I am unable to ignore in considering the Applicants\u2019 allegations of procedural unfairness.\u201d The Federal Court ruled in the applicants\u2019 favour.<\/p>\n

To halt these heartbreaks and unnecessary litigation, IRCC must remove obsolete information from their websites.<\/p>\n

Conclusion<\/strong><\/p>\n

Clients ask me point blank during consultations: \u201cWhy should I hire you?\u201d Ideally, there would be no need. But the reality is that applicants are navigating an immigration system racked with misstatements, conflicting data, and outdated information. When so much is on the line, and one small mistake or misunderstanding can have disproportionate consequences, proceeding without professional guidance can be incredibly risky.<\/p>\n

Of course, IRCC\u2019s resources are already spread thin, and policies change rapidly in this area of law. It is understandably difficult to keep informing the public of all the system\u2019s moving parts. By the time the website team has been informed of a required change, the change might already be outdated.<\/p>\n

But there is hope for a brighter future. If the will is present, additional resources could be allocated to maintaining and regularly auditing IRCC\u2019s websites, ensuring instructional guides are consistent with international treaties, and routinely updating processing trackers. In the meantime, immigration lawyers are aspiring applicants\u2019 superheroes in suits!<\/p>\n","protected":false},"excerpt":{"rendered":"

Written By Yameena Ansari, Principal Lawyer at Ansari Immigration Law Introduction In an ideal world, applicants to Canada\u2019s immigration system wouldn\u2019t need an immigration lawyer. We do not live in an ideal world. Immigration, Refugees and Citizenship Canada\u2019s (IRCC) website contains clear misstatements, conflicting advice, and information on programs that no longer exist. Faced with […]<\/p>\n","protected":false},"author":115,"featured_media":5383,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[593,12,6],"tags":[113,24],"class_list":["post-2323","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-positions","category-subject-matter-expertise","category-thought-leadership","tag-canada-immigration","tag-ircc"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t