By Ning Pagaling-Becada, RCIC
People from all walks of life always seek for “greener pasture” whether temporarily or permanently. Moving to a country that offers better opportunity is an exciting step in one’s immigration process. However, this process can also be very stressful when the decision on an immigration application is the opposite of the desired result.
In my several years of practice as a Regulated Canadian Immigration Consultant, I have seen my fair share of a disastrous DIY (Do it yourself) immigration application. Some cases can still be remedied and may have a happy ending. Unfortunately, other cases were “beyond repair” because of multiple errors and misrepresentation made in the application. Sometimes, the only course of action left to the applicant is to leave Canada voluntarily or face the possibility of removal/deportation order by the Canadian Border Service Agency (CBSA). Issues like these could also compromise the permanent resident application already in the process if there is any. Multiple errors/misrepresentation made on an immigration form can have a serious effect and could potentially result not only in the refusal of an immigration application but also from being barred from applying to Canada for five years.
Should you decide to prepare and submit your own application, I hope that the following tips can help you avoid issues in your immigration journey to Canada. Please note the following tips are for information purposes only and should not be viewed as legal advice.
First, before submitting an immigration application, you must ask these main questions among other things:
- Is it the best immigration option for my current situation?
- Am I qualified? Have I met all the eligibility criteria?
- Can I secure all the documents required for the application and obtain them on time?
- Is there anything in my current or past situation that could potentially cause any issues during processing? This could include, but not limited to prior marriages, medical problems, and criminality issues.
Second, once you have determined the program you want to apply to, it is critical to prepare a complete application. Immigration and Refugee Protection Regulations section 10 or 11 (otherwise known as R10 or R11) is the rule to be met when submitting an immigration application to Canada, whether temporary or permanent. Applications must pass the “completeness check” or be “R10 compliant” as they call it and must be submitted to the correct Visa Office as well. If this rule is not met, you can expect that your application will be returned as incomplete. Which means, “no application has been made” to Immigration, Refugee and Citizenship Canada (IRCC). Incomplete applications are not registered in the system; therefore they are not given a file number. Although there have been debates surrounding the issue of incomplete applications sent to IRCC whether it is counted as an application or not, but that’s another topic for another day.
Third, IRCC provides a checklist of what they require when submitting an application. However, this checklist should not limit an applicant from providing more documents to substantiate the information they have provided in the form. The checklist is meant to be the “guide” in what needs to be submitted, but it also should not limit an applicant from sending an additional document that is relevant to his/her application.
My practice is to always send other documents in addition to what is required in the checklist to prove my Client’s case. Others say that the Visa Officers are very busy and will not have time to look at all the “extra documents.” But IRCC has repeatedly said, it is the responsibility of the applicant to “provide adequate and sufficient information/supporting documents” to prove their case in their immigration application. I go by the principle that it is better for my Client’s case to submit an “extra document” as proof so that the Visa Officer does not need to ask for more information regarding the information provided when assessing the application. If the Visa Officer is satisfied with what has already been provided, then he/she can choose to ignore the additional documents. In short, if a supplementary document “outside of the checklist” is required to prove my case, it has been submitted. Although, sometimes even if you have submitted all the supporting documents needed to determine an applicant’s eligibility for a certain program, let us not forget that IRCC retains the right to request for more information and supporting documents regarding the application.
Fourth, applicants have to keep in mind that no “two application are the same” in the immigration process. Meaning, just because somebody you know is in “the same situation as you” or “had done it before” and was successful, does not mean you can do it, too, and be successful. Every situation is different. One has to consider a lot of things such as, but not limited to, the timing of the application, current situation, current immigration programs available, current rules that are in place at the time of application to name a few. So ensure that the program you are applying to is the best option for you.
Fifth, it is also imperative that an applicant carefully reviews the information they have provided in their application before submitting to IRCC. There is an obligation to be truthful in every application as per section 16(1) of the Immigration and Refugee Protection Act (IRPA). Not being truthful in an immigration application could have severe repercussions in one’s immigration application to Canada. There is currently a 5-year ban for applicants caught to have misrepresented in their application. Remember, it is YOUR application even though it was prepared/submitted by someone else. Every single information provided on the application is YOUR responsibility. Ensure that you can prove the information you have provided to avoid issues, long delays or refusals of your immigration application.
Further, once the application is put into the process, it is a must for every applicant to update IRCC of any change in his or her situation. This could be, but not limited to, marital status, birth/adoption/death of a family member, change in health, contact information, etc. It is imperative that IRCC is informed of any of change that could affect the eligibility of the applicant to come to Canada. Failure to update IRCC of relevant information could potentially create more issues for the applicant’s immigration process as it could be regarded as misrepresentation and ultimately lead to the refusal of the application to Canada.
Finally, if you are planning to immigrate to Canada, you are not required to hire a Consultant, a paralegal or a Lawyer when submitting an application. And it is true that an application will not be given preferential treatment even if provided/represented by them. It is also a fact that a lot of people have prepared and submitted their own application, and many of them have been successful. The final decision on an immigration application rest on the Visa Officer, who will assess the application based on the information and supporting documents provided.
The bottom line is, if you are not familiar with Canadian Immigration system, it pays to seek the help of professionals who does. Seeking help and paying for the Consultation fee may just well be the best investment you can make towards fulfilling your Canadian Immigration dreams. Contrary to what others believe, submitting an immigration application, temporary or permanent, is not always as easy as 1-2-3. I wish it were.
Luningning Pagaling-Becada is a Regulated Canadian Immigration Consultant based in Edmonton, Alberta. She is a member in good standing with the Immigration Consultants of Canada Regulatory Council (ICCRC) and the Canadian Association of Professional Immigration Consultants (CAPIC). You can reach her at 1-780-574-5050 or via email at info@jdsimmigrationconsultants.com.
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