If you’re looking to move to Canada, you might be wondering whether you need to hire a Canadian Immigration Lawyer.
While it is possible to manage your immigration application yourself, many cases require the expertise of a professional to ensure a smooth process. And it is often best to consult with a lawyer to avoid making mistakes and for peace of mind.
How do I know? I’m an ex-immigration lawyer and I actually immigrated to Canada myself a few years ago! So I have firsthand experience navigating the process, and I’ve worked with countless clients who have all had unique immigration experiences.
Want to Speak to an Immigration Lawyer?
I recommend booking a consultation with Cedric Marin at Marin Immigration Law.
Having personally worked with Cedric, I trust his expertise, professionalism and patience across all different types of immigration matters. I know he will give you the best chance of success in your immigration process! 
Book Here
To help you figure out whether you should hire a Canadian immigration lawyer, I have put together everything you need to know about when, why and how to hire a lawyer, to prepare you for your immigration journey.
Why Hire a Canadian Immigration Lawyer?
Immigrating to Canada can be a daunting process. With so many different pathways, eligibility requirements and documents to navigate, it’s hard to know where to start.
And if you do manage to figure it out, there are even more hurdles you can encounter along the way. The smallest error can result in a declined application, IRCC (Immigration Refugees and Citizenship Canada) make mistakes, and additional steps can arise later on. So, no matter how straight forward your application seems, a smooth process is never guaranteed.
Unfortunately, when something does go wrong, you won’t always get a second chance to apply. And, if you do try again, subsequent attempts become more and more difficult. This means getting it right the first time is critical to a successful immigration application!
To help you decide if you should retain an immigration lawyer for your move to Canada, here are the most common reasons why you might need to.
1) You Don’t Know Where to Start
If you’re considering moving to Canada, but you don’t know where to start, this is a great time to speak to an immigration lawyer. Not only can a lawyer save you tons of time by helping you identify which pathways you’re eligible for, but they can also provide critical advice to ensure you start the process correctly.
Even if you don’t plan on retaining a lawyer to manage your application, simply booking a consultation can be invaluable. Your lawyer will be able to go over your options, eligibility, and plan moving forward with you.
2) This is Your Only Chance to Immigrate
Throughout my legal career, I had too many clients who only came to me after something had gone wrong. While I would always do everything I could to help them, the reality is that it was often too late. There are a few reasons for this:
You made a mistake which is deemed misrepresentation
Firstly, if something was incorrectly stated or missing from an application, it can be deemed a misrepresentation. IRCC take misrepresentation VERY seriously. The penalty is being banned from applying to Canada again for 5 years and it can can negatively impact future applications beyond this. It is very rare that someone is successful in immigrating to Canada after they have been found to have misrepresented.
Your odds of success are lower after a refused application
Secondly, every time an application is declined, your odds of success go down. Every refusal is permanently recorded against your name in the IRCC database. This results in future applications being assessed with additional scrutiny.
Plus, although officers are meant to assess each application independently, prior refusals do create bias which can affect the outcome. As a result, the success rate of subsequent applications is much lower than first time applications.
You’re no longer eligible to apply
Finally, if your criteria to apply was time-sensitive or had a condition, you may not be eligible to apply again. An example of this is Express Entry, which requires an ITA (Invitation to apply) in order to apply. If your application was refused, you need to get a new ITA to re-apply, which isn’t possible for many applicants.
If your heart isn’t completely set on immigrating, or you’re absolutely certain your entire application is correct, then the idea that this could be your only chance at applying to Canada might not scare you. Or perhaps you’re just willing to take on this risk. But, if not, then you should consult with an immigration lawyer BEFORE you start your first application.
3) You’re Not 100% Certain Everything is Correct
As I mentioned above, the smallest error can cost you your chance of moving to Canada. Therefore, if you’re not 100% certain that you’ve done everything right in your application, it’s best to consult with a lawyer for a second opinion.
Although this doesn’t mean you have to retain a lawyer to manage the full process. Instead, you could just have a one-off consultation or retain them to help with a specific part of your application. This can be helpful to get some advice, ask questions, double check things together, and review anything you’re unsure about.
But, if your budget allows for it, then retaining a lawyer to help with your full application is definitely advantageous. Not only will it ensure that you submit the most complete and correct application possible, but it will also provide you with peace of mind that you did everything you could to ensure your application’s success.
4) Your Application Was Refused
If you’ve already applied and had your application refused, then this is a critical time to consult an immigration lawyer. There are a few reasons why it’s so important to do so at this stage:
You might be able to challenge the decision
A refused application is not always your fault. Sometimes IRCC officers make the wrong judgment calls, or incorrectly assess an application.
This doesn’t mean that every refusal is a mistake – most of the time IRCC is justified in refusing an application. But it does happen often enough that this is something to be aware of. And, if you suspect this could be the case with your application, it is definitely worth challenging the decision!
This is where an immigration lawyer comes in. To challenge an IRCC decision you can either pursue a Reconsideration Request (which is an unofficial avenue), or Judicial Review, which is a formal legal process that IRCC will be compelled to respond to.
For both processes, you need to identify the error, analyze it according to relevant case law, compile evidence, and put together a compelling argument. Plus, for Judicial Review, you need to file the application with the Federal Court of Canada. This will require the preparation, filing and service of legal documents, negotiations with opposing counsel, and possibly a hearing.
It is possible to request reconsideration yourself. And, technically, you can pursue Judicial Review on your own if you’re based in Canada. But I would not advise this. You will have a much higher chance of success with a lawyer who understands immigration law, knows how to prepare legal arguments and has experience handling such cases.
Note – commencing a Judicial Review process has a time limit of 30 days if your application was submitted inside Canada, or 60 days from outside Canada. So, if you receive a refusal, make sure to contact a lawyer straight away, so you don’t waste any time.
You need to provide a VERY strong case in any new applications
If you decide to try applying again after a refusal, your chances of success are unfortunately lower than before. This means that your new application needs to be completely bulletproof!
Not only do you have to ensure there are no errors or gaps in your new application, but you also need to explain the refusal and correct any wrong or missing information from the original application. It’s particularly important to address these inconsistencies so they aren’t found to be misrepresentations in the new or subsequent applications.
However, this is much easier said than done. Luckily, an immigration lawyer can help you to prepare the strongest possible application and properly address these issues to avoid any repercussions.
It could save you time and money
Unfortunately, in some cases there really is no hope of saving an application. Sometimes applicants just don’t qualify to immigrate to Canada and IRCC is justified in their decision to refuse an application. Not meeting a program’s eligibility criteria, having a criminal history, and previous misrepresentations are all reasons why an application could be justly refused.
In these cases, it’s better to find out sooner rather than later that you don’t qualify to come to Canada. This will save you from applying again and wasting time and money on an application that won’t be successful. A lawyer can work with you to assess all possible avenues for you to immigrate to Canada, and can determine whether there is a chance you will be successful or not.
Want to Speak to an Immigration Lawyer? Book a consultation with Cedric Marin at Marin Immigration Law.
5) Your Situation is Complex
As I’ve already mentioned a few times, it’s important to get your immigration application right the first time!
If your situation is straightforward, you do your research, double check everything and are extremely thorough, then you can definitely be successful when applying on your own. However, if your situation is not completely black and white, then it’s much more difficult to get your application right by yourself and you should consider speaking to a lawyer.
Anything out of the ordinary can result in a more ‘complex’ application, requiring the expertise of an immigration professional. This can include anything from prior visa refusals in ANY country, a complicated family situation, or not being able to provide specific documents, to even just having an extensive travel history.
As a general rule, if there are any documents which you are not able to provide exactly as IRCC has requested them, any difficulties completing the application forms, or anything at all about your background or situation which might need to be explained, then it’s a good idea to get some professional immigration advice.
6) You Never Received a Decision on Your Application
If an unreasonable amount of time has passed since you submitted your application and you still haven’t received a response, you could consider seeking a writ of mandamus. This is similar to the judicial review process, whereby an application is filed with the Federal Court of Canada. As this is a complex legal process, this is another time when you should consider connecting with a lawyer.
For time to count as unreasonably long, it must be substantively beyond normal processing times and have caused you a significant inconvenience when weighed against the circumstances of your application. Determining and arguing this balance of convenience is difficult to do without the relevant legal and immigration expertise.
Just like any court proceedings, a lawyer is better placed to navigate the preparation, filing and service of legal documents, as well as any negotiations and hearings. Plus, you can only file from within Canada, so if you are abroad, you will need a legal representative in Canada to handle this for you anyway.
Therefore, if this is a process you’re interested in, I would highly recommend you speak to an immigration lawyer.
7) You Want Peace of Mind
Finally, if all of this is a bit overwhelming and you’re feeling stressed about the process, I recommend speaking to a lawyer for peace of mind!
Even if you’re determined to manage your application yourself, having a one-off consultation can be advantageous to easing any concerns or doubts you might have before you submit your application.
Choosing The Right Canadian Immigration Lawyer
When searching for Canadian immigration services, you will come across both lawyers and consultants. But it’s essential to be cautious and choose the right representative or expert to assist you, or you could risk jeopardizing your application.
Immigration Scams & Unauthorized Representatives
Unfortunately the immigration industry is plagued with unethical, fraudulent and unauthorized representatives. And choosing the wrong lawyer or consultant could not only compromise your application, but also cost you thousands of dollars.
You will easily be able to find plenty of immigration professionals to assist you by doing a Google search. But how do you know you can trust them?
To begin with, you should always be on the lookout for scams and fraudulent immigration websites. In particular, be extra cautious of immigration consultants who operate from your home country, as they aren’t usually regulated or qualified to provide Canadian immigration services.
Therefore, you should always check if your lawyer or consultant is licensed in Canada. You can do this here: Find Out if Your Representative is Authorized
Reputable Lawyers Who Actually Do The Work
The best way to ensure you can trust your lawyer is by choosing one who is reputable and good at what they do. You should also make sure the lawyer you retain is actually the one doing the work.
Unfortunately, a lot of law firms have the lawyers front the work, but in the background they actually have legal assistants, paralegals or consultants doing the work.
Therefore, during your initial consultation you should always ask your lawyer what their approach is and WHO will be working on your file. And, if you choose to move forward, make sure you always have a direct line of contact with the lawyer.
When choosing a lawyer, I usually avoid law firms which come up as sponsored websites at the top of Google searches. These firms aren’t at the top of your search results because they’re good. They’re at the top because they paid to be there.
And, above all else, I trust reviews and recommendations. The best way to know if a lawyer is good is to hear it from people who have previously worked with them. So always read reviews and ask people you trust for their recommendations.
Recommended Law Firm: Marin Immigration Law
Personally, I recommend Cedric Marin at Marin Immigration Law. You can book a video or phone consultation with Cedric here. And you can read his reviews here.
Cedric is one of the best lawyers I have worked with and he’s especially experienced in dealing with complex, refused and delayed immigration matters. He’s an expert in Express Entry and spousal sponsorship applications, Judicial Reviews and reconsideration requests. And he also assists clients with temporary residence applications, inadmissibility issues and procedural fairness.
Immigration Lawyers vs. Consultants
In Canada, both lawyers and immigration consultants can be licensed to provide immigration advice and assistance. However, there are some limitations to what services an immigration consultant can provide, compared to a lawyer.
Immigration Lawyers
Only lawyers are licensed to handle legal processes, such as judicial review and writ of mandamus applications. Plus, lawyers have extensive knowledge of legislation, case law and administrative procedures which is gained from years of experience, training and studying the law.
In Canada, lawyers are required to obtain two university degrees (a Bachelor’s degree and a law degree) which takes at least 7 years to complete. But many will opt to complete a Masters degree on top. Then, they must undertake a strenuous licensing process which usually comprises a traineeship known as ‘Articling’, and passing the Bar exam.
In total, qualifying as an immigration lawyer in Canada generally takes between 8-10 years.
Immigration Consultants
In comparison, immigration consultants are required to complete a two-term Diploma online, which a 3-4 year Bachelor’s degree is usually a prerequisite for. Then, they must pass an Entry-to-Practice Exam to become licensed.
However, until recently, the main pathway to qualifying as a consultant was the now-discontinued IPP (Immigration Practitioner Program). This was a 12-month community college program, completed in lieu of the current graduate Diploma.
The IPP has been phased out recently to try to raise the standards of the immigration consultant profession and will no longer be accepted as a means to qualifying as a consultant from 2025 onwards.
But as a result of the IPP, many immigration consultants who are licensed in Canada only have around 12 months of relevant education. And it will take a long time for this to change.
Although this doesn’t mean all Canadian immigration consultants lack the expertise required to successfully handle your immigration process. There are plenty of consultants who take their profession very seriously, have a lot of valuable experience and who complete additional education and training.
But, unfortunately there has been a problem for a long time with the standards of many immigration consultants in Canada, which has resulted in the recent changes to try and improve the industry. And, even if a consultant is operating to the best of their abilities, without a legal education they just don’t have the same expertise as a lawyer.
Which should you choose?
If you can, I would always recommend choosing a lawyer over a consultant, since they have a higher degree of immigration and legal expertise. Plus, lawyers have more severe repercussions for malpractice than consultants. So, generally you can trust that they will act professionally and abide by their professional code of conduct.
However, consultants are sometimes slightly cheaper than lawyers, which can be an incentive to hire a consultant instead. This decision will really be up to you, based on your financial situation, the complexity of your situation and what services you need.
But, from my experience, I’ve seen a lot of clients who proceeded with a consultant and later ended up regretting it. The reality is that the fees you pay are usually non-refundable. So, if you get part-way through the process and it then become apparent that the consultant lacks the required expertise to assist you further, or does not fulfill their job properly, you will find yourself out of pocket.
Plus, you will likely be left with a huge mess to deal with, which will usually require the assistance of a lawyer to try and fix anyway. And your application may not even be salvageable at this stage. Therefore, hiring a lawyer from the beginning is often the safer and cheaper option in the long run.
Cost of Hiring a Canadian Immigration Lawyer
The cost of retaining an immigration lawyer in Canada can vary quite significantly from firm to firm. However, an Initial or one-off consultation should cost around $250-$300 CAD for 30 minutes. This is similar to what an immigration consultant would charge.
For additional immigration services, as a general guideline, you should expect to pay the following (in CAD):
- $4,500 to $8,000 for permanent residency applications;
- $2,000 to $4,000 for work permits;
- $2,500 to $4,500 for study permits;
- $2,000 to $3,000 for temporary resident permits (visitor visas);
- $1,000 to $2,000 for reconsideration requests;
- $5,000 to $15,000 for Judicial Review and Mandamus applications.
Generally, immigration consultant fees are around 10-20% cheaper than what lawyers charge. But given the additional expertise and level of service you can expect to receive from a lawyer, in my opinion the higher fees are justified.
Want to Speak to a Canadian Immigration Lawyer? Click here to book a consultation with Marin Immigration Law.
Canadian Immigration Lawyer FAQs
Is it worth getting a Canadian immigration lawyer?
In most cases, yes. Although you don’t have to retain a lawyer to manage your whole application! Simply consulting with a lawyer to discuss the things you’re unsure of, check your forms, or get answers to your questions is often all you need to ensure you’re submitting the best possible application.
How do you find an immigration lawyer in Canada?
You can find an immigration lawyer in Canada by searching for one on Google, or getting recommendations. Once you have found a suitable lawyer, you should always check they are licensed and read their reviews to ensure they are authorized to advise you and are reputable.
If you’re looking for a recommendation for a Canadian immigration lawyer, I would suggest Cedric Marin at Marin Immigration Law. I have personal experience working with Cedric and can’t speak highly enough of him. And you can read his reviews here.
Can I immigrate to Canada without a lawyer?
Yes, you can immigrate to Canada without a lawyer! In fact, it is very common for applicants to handle their own applications. But it can be difficult to do this if you don’t have foundational legal or immigration knowledge. And in many cases, it’s just not worth taking the risk of applying completely on your own.
Therefore, it’s usually safest to have a one-off consultation with a lawyer at the very least, to ensure you’re on the right track.
And, if you choose to immigrate without a lawyer, it’s important that you do your research, strictly follow IRCC’s instructions, and take the time to double and triple check your application. You should never submit an immigration application if there is something you’re not completely sure of!
How much does it cost to immigrate to Canada?
Immigrating to Canada is not a cheap endeavour. For a single applicant applying for permanent residency, you should expect the immigration application process to cost around $2,000 to $2,500. This includes IRCC application fees and biometrics, as well as the cost of obtaining police certificates, language tests, educational credential assessments and notarized documents.
If you choose to use a lawyer, this will be an additional expense anywhere from $250 to $8,000. The cost will depend on the type of service you retain them for, and the complexity of your application. If things go wrong in your application and you have to pursue additional legal processes and applications, you can expect the cost to be much higher.
Assuming your immigration application is successful, you will also need to factor in the cost of moving to Canada. Flights, shipping and settlement costs will vary for everyone. As a guideline, I suggest going by IRCC’s recommended settlement funds (which are a requirement for certain immigration programs), and adding your travel and shipping costs on top.
Who is the best Canadian immigration lawyer?
There is no one Canadian immigration lawyer who is the best. Although there are some excellent immigration lawyers in Canada, as well as some not so great ones. A lawyer who I have worked with who I believe is one of the best is Cedric Marin at Marin Immigration Law.
The best way to determine how good a lawyer is, is to trust what other people have to say about them. So make sure to read reviews and take recommendations. And keep in mind that different lawyers will have expertise and approaches which suit different clients.
Can an immigration lawyer help me move to Canada?
A lawyer can help you immigrate to Canada by assisting with your immigration process. They can work with you to ensure you have the best possible chances of success with your immigration application. But, if it’s successful, actually moving here is something you will have to organize yourself, or hire a relocation professional to help with.
Can a non-Canadian citizen become a lawyer in Canada?
Yes, a non-Canadian can become a lawyer in Canada. In fact, this is actually what I did! However, you do need to have open work rights in Canada to complete the lawyer licensing process here, as it comprises a work placement component.
Final Thoughts – Do You Really Need a Canadian Immigration Lawyer?
Every immigration application is unique. So whether you need to hire a Canadian immigration lawyer or not is really on a case-by-case basis. But, at the very least, getting some advice from a lawyer will give you the best chance of obtaining a positive immigration outcome.
Depending on your circumstances, you might only need a one-off consultation to go over a small part of your application. Or, you may prefer to retain a lawyer to manage the whole process, for extra peace of mind. Everyone will be different, and I hope this post has helped you to decide what will be best for your unique situation.
Are you still unsure if you need a lawyer? Book an initial immigration consultation to discuss your unique situation and determine how best to proceed moving forward.
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