Canada is a popular destination for immigration due to its high standard of living, excellent healthcare, and diverse cultural landscape. While they’re quite common, immigration mistakes, no matter how small, can be the cause of a rejected application and even cause trouble post-arrival. However, the process can be complex and confusing, and even small errors can result in significant delays or denials of your application.
At Nanda & Associate Lawyers, our immigration consultants have the legal know-how to ensure that your candidacy is well received and that the settlement process is as seamless as can be. Whether you’re applying for your intra-company transfer visa or a spousal sponsorship, our immigration law firm in Mississauga can lend the experience and understanding needed for an outstanding application.
Here are the ten most common immigration mistakes to avoid:
1. Failing to Prepare Adequately
Immigration applications require a significant amount of documentation, including identification documents, work history, education history, and proof of funds. Applicants should ensure that they have all the necessary documents in order and that they are up-to-date before submitting their application.
2. Incomplete or Inaccurate Information
Failing to provide complete or accurate information on your application can result in delays or even denials. It is essential to take the time to carefully review and verify all information provided in the application.
3. Lack of English OrFrench Language Proficiency
We have two official languages, English and French, and proficiency in one or both is required for most immigration applications. Applicants should ensure that they have sufficient language skills and that they have taken the appropriate language proficiency tests to demonstrate their abilities. Depending on your background, you may or may not need to take standardized tests to prove yourself, but these differ from candidate to candidate, so be sure to check in with an immigration law firm if you’re exempted from the language requirement.
4. Failure to Disclose Previous Immigration Or Criminal History
Applicants must disclose any previous immigration history or criminal history when applying. Failure to do so can result in denial of your application or even deportation from Canada. If you’ve started the process of immigration and never completed it, this must be disclosed no matter how long ago it was. Apart from having the correct information, the authorities look for applicants who have nothing to hide. Anything that could be seen as intentionally misleading could raise flags.
5. Applying for The Wrong Immigration Category
There are many different categories of immigration, each with its own specific requirements. Applicants should carefully review the different options and select the category that best fits their circumstances. We offer diverse choices, including the super visa for parents or grandparents, and spousal sponsorship.
6. Not Meeting the Minimum Requirements
Each immigration category has specific requirements for eligibility, such as age, education, language proficiency, work experience, and financial resources. Applicants should carefully review the requirements for their chosen category, Express Entry or Canadian Experience Class, and ensure they meet all the minimum qualifications.
7. Submitting Incomplete Applications
Incomplete paperwork or documentation can result in significant delays or even denials. Candidates should ensure that all required fields are completed, and all necessary documents are included with their application. In some cases, a missed signature can be the downfall of an otherwise perfect application. Although Canada prides itself on offering a haven to all, the authorities receive thousands of applications, which is why every last requirement must be met.
8. Missing Deadlines
Applications have strict deadlines and missing them can result in significant delays or even denial of your application. Applicants should ensure that they are aware of all deadlines and submit their applications well in advance to allow time for any necessary corrections or revisions.
9. Assuming That a Successful Application Guarantees Permanent Residency
Obtaining permanent residency isn’t guaranteed, even if your application is successful. It’s important to remember that obtaining permanent residency is not a guarantee of lifelong status, and it is important to stay informed about changes in immigration policies and regulations to ensure that you maintain your status and comply with all requirements.
Applicants should be aware that any immigration status can be revoked if they fail to meet certain conditions. After arriving in Canada, it’s integral to respond promptly to any requests for documentation or legal matters, as a late response will be perceived as flouting the stipulations of your immigration.
10. Not Seeking Professional Help
The immigration process can be complex and confusing, and seeking professional help from a licensed immigration lawyer or consultant can be highly beneficial. A professional can guide the process, review your application for errors or inconsistencies, and help you. Even if you manage to avoid common immigration mistakes on your own, a professional can help you rule out any surprises or unexpected outcomes.
Furthermore, if your immigration application has been rejected, there are several legal avenues that you can pursue, even if you’re seeking asylum in Canada. In cases where an appeal is required, there’s often a window of time in which it has to be filed with the proper authorities. At that point, an immigration consultant who’s already familiar with your case can make a world of difference. Here are a few courses of action that could turn a negative outcome around:
Request For Reconsideration
You can request that your application be reconsidered by the same officer who rejected it. This option is only available in certain circumstances, such as if a mistake was made in processing your application or if you can provide new information that was not available when you first applied.
If you are not eligible for a request for reconsideration, you may be able to request an administrative review by a different immigration officer. This process is more formal than a request for reconsideration and requires that you provide additional evidence to support your case.
Appeal To the Immigration Appeal Division (IAD)
If you have been refused permanent residency or refugee status, you may be able to appeal the decision to the IAD. The IAD is an independent tribunal that reviews immigration decisions and can either uphold the initial decision or overturn it.
Federal CourtJudicial Review
If all other options have been exhausted, you can apply for a judicial review of the decision by the Federal Court of Appeals. This process involves a judge reviewing the decision to ensure that it was made following the law.
It’s important to note that each of these options has specific timelines and requirements that must be met, so it’s crucial to seek the advice of an experienced immigration lawyer who can guide you through the process and ensure that you are taking the appropriate legal steps.
Potential Pitfalls to Discuss With Your Lawyer
Here are a few things you can avoid from the get-go:
Non-Compliance With Immigration Regulations
Once you achieve permanent residence in Canada, you are required to comply with all immigration regulations, including maintaining your status, fulfilling residency obligations, and avoiding criminal activity. Failure to comply with these regulations can result in the revocation of your permanent residency status.
If it is discovered that you provided false or misleading information during the process, your state can be revoked, even after your permanent residence application was initially accepted. This can happen even after your application has been accepted, as immigration authorities have the right to investigate and verify the information you provided.
Changes In Immigration Policies
Immigration policies and regulations can change over time, and policy changes could affect your odds. For example, if a new policy is introduced that requires certain criteria to be met to remain a Federal Skilled Worker, and you are found to be ineligible under these criteria, your status could be revoked.
If new information comes to light that suggests you may be a security threat to Canada, you may receive an exclusion order, meaning that you’ll face problems if you ever choose to return to Canada.
However, the legal system in Canada respects and champions humanitarian and compassionate grounds wherever possible. You’ll find that whether you work with real estate litigation lawyers in Ontario, or divorce lawyers in Brampton, the court system, while strict, is held to a high standard of fairness. Every side has an opportunity to say their piece, and appeals and considerations can always be spoken up for by the right legal team.
Nanda & Associate Lawyers offers some of the top immigration lawyers in Toronto, and the proof is in the results. Click here to book a consultation with us today and take full advantage of our versatile and skilled team.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.