A lot of people consider making Canada their new home and work in the country. But navigating Canadian immigration laws may be overwhelming for most. This is where immigration lawyers come in.
People may still wonder what an immigration lawyer does and how they help clients. With this article, we’ll try to unpack the ways that immigration lawyers can be of service to businesses, immigrants, and their families.
What are the Canadian immigration laws?
Canadian immigration laws are made up of both federal and provincial/territorial laws. The main federal immigration law of Canada is the Immigration and Refugee Protection Act (IRPA).
In addition to the IRPA, the provinces and territories have enacted statutes and programs that support implementing the IRPA.
According to these Canadian immigration laws, there are four ways of immigrating to Canada:
- being sponsored by a family member through the family reunification program
- working in Canada as an economic immigrant
- entering Canada as a refugee
- other methods not falling under any of three previously mentioned
What does an immigration lawyer do?
Immigration lawyers help their clients follow Canadian immigration laws as part of the move to Canada.
They also perform many roles not just for individuals who want to immigrate to another country, but also for companies who want to hire immigrants.
In some ways, immigration lawyers work from advising clients on the methods of immigrating to the country, to representing clients before tribunals, and even in court.
This video explains what an immigration lawyer does, especially in the practice area of corporate immigration law:
Know more about what an immigration lawyer does – contact one in your area. If you’re in Calgary, reach out to one of the Lexpert-Ranked best immigration lawyers in Alberta.
Helps businesses hire immigrants
When businesses want to hire immigrants, they turn to immigration lawyers for assistance to prevent any violation of Canadian immigration laws. With their knowledge of the specific processes involved, lawyers can also help businesses go through the process.
Below are some of the options that businesses have when they want to hire an immigrant to work for them in Canada:
Temporary Foreign Workers and Permanent Foreign Workers
One of the responsibilities of an immigration lawyer is to guide businesses in hiring either a temporary foreign worker, or a permanent one. They also help the foreign worker in applying for a work permit as part of their eligibility.
When hiring a temporary foreign worker, businesses would need a Labour Market Impact Assessment (LMIA). The LMIA confirms that there is a need for a temporary foreign worker and that no Canadians or permanent residents are available for the job.
An immigration lawyer can help the business determine if they need an LMIA or not. If there’s no need for an LMIA, a business can then send an offer of employment to the prospective foreign worker.
Hiring a permanent foreign worker goes through a different process. Here are some options:
- Express Entry: allows businesses to hire foreign workers when candidates apply through this system
- Atlantic Immigration Program (AIP): to hire qualified candidates by becoming a designated AIP employer
- National Occupational Classification 44100 or 44101: when hiring a foreign in-home caregiver
The Express Entry system is used by different programs, which can be used when hiring either a temporary or a permanent foreign worker:
- Federal Skilled Worker Program
- Federal Skilled Trades Program
- Canadian Experience Class
- Provincial Nominee Programs
Immigration lawyers can help businesses check what program or process is suitable for them when hiring temporary or permanent foreign workers. They can also assist businesses move through any of these processes.
Helps enforce the rights of a foreign worker
When a foreign worker is successfully hired, immigration lawyers aid businesses in their obligations and in the rights of the foreign worker they hired.
Immigration lawyers help ensure that:
- workers follow the conditions in their work permits
- the workplace is free from abuse
- there is access to healthcare when workers get sick
When foreign workers are laid off or fired, businesses must follow certain steps with the guidance of their lawyers.
Paves the road to permanent residency
An immigration lawyer can also be retained by businesses to help their workers achieve permanent residency in Canada. An immigration lawyer can also deal with problems related to a foreign worker’s permanent resident status, or with their PR cards.
Helps companies draft employment contracts
There are times when a Canadian immigration lawyer’s role is extended to the drafting of employment contracts between businesses and immigrants.
This task can be done by other lawyers, such as the business’s corporate lawyer. However, an immigration lawyer could still help because of the application of immigration laws to the contract.
Defends clients before agencies and courts
Aside from being transactional in nature, an immigration lawyer can also be litigious when needed.
When the company they assist, or the immigrants hired by these companies, are alleged to have violated Canada’s immigration laws, immigration lawyers can come to their aid.
This may include representing their clients before government agencies, such as:
- Canada Border Services Agency (CBSA)
- Immigration, Refugee, and Citizenship Canada (IRCC)
- Immigration and Refugee Board (IRB)
When necessary, lawyers can also represent clients before the court, such as when contending the decisions of these agencies.
When do businesses have to hire an immigration lawyer?
These are some of the instances when a Canadian business would need to hire an immigration lawyer:
- when hiring a foreign worker
- when disputing issues related to permanent residency or citizenship
- when their foreign worker is at risk of being deported
Generally, when matters involve their hired foreign workers, businesses must immediately ask for the assistance of an immigration lawyer.
Is an immigration consultant the same as an immigration lawyer?
Immigration consultants and immigration lawyers both have similarities and differences. As such, it would really depend on the needs of the business and the tasks they would need these professionals for.
Most work of immigration consultants can be also done by immigration lawyers, and vice versa. However, the advantage with lawyers is that they can represent clients before the courts if needed.
To know more about what an immigration lawyer does, hear it straight from them. Reach out to the best immigration lawyers in Canada as ranked by Lexpert.