How to Choose an Immigration Lawyer in Canada

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Immigrating to Canada represents one of life’s most significant decisions, and going through the complex immigration system requires careful consideration of who will guide you through this process.

 

Whether you’re applying for permanent residence, facing inadmissibility issues, or dealing with urgent immigration matters, choosing the right immigration lawyer can make the difference between success and disappointment.

 

Some of the key areas to focus on when choosing an immigration or citizenship lawyer in Canada are:

 

  • Verify Qualifications and Licensing
  • Assess Experience and Track Record
  • Evaluate Communication and Accessibility
  • Fee Structures

 

The Canadian immigration system involves intricate legal requirements, constantly evolving policies and strict deadlines. Making informed decisions about your legal representation is vital for achieving your immigration goals and building the future you envision in Canada.

For further guidance on what Canadian immigration programs are available to you, our immigration lawyer in Toronto is available to assist you further.

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Choosing the Right Immigration Lawyer in Canada: Your Legal Representation Options

When seeking help with your immigration case, you’ll encounter different types of professionals offering services. Knowing these distinctions is essential for making the right choice for your circumstances.

Licensed Immigration Lawyers vs Immigration Consultants

Licensed lawyers are regulated by provincial law societies and must maintain strict ethical standards. They have completed law school, passed bar examinations, and are authorized to practice law in their jurisdiction.

 

Immigration lawyers can represent clients in all immigration proceedings, including appearances before the Immigration and Refugee Board (IRB) and the Federal Court.

 

Immigration consultants provide more limited services. While they can assist with immigration applications, they cannot represent you in Federal Court judicial reviews or complex legal proceedings. Immigration consultants are regulated by the College of Immigration and Citizenship Consultants, but their scope of practice is more restricted than licensed lawyers.

 

At Kingwell Immigration Law, our team consists exclusively of licensed lawyers with extensive experience in Canadian immigration law. We will handle complex immigration cases from initial application through to Federal Court representation if necessary.

The Value of Specialisation

Immigration law is a highly specialized field that requires deep knowledge of the Immigration and Refugee Protection Act, regulations, and constantly changing policies. Our experienced immigration lawyer, who focuses exclusively on immigration matters, will have current knowledge of:

 

  • Recent policy changes and their implications
  • Case law developments
  • IRCC processing trends
  • Successful strategies for different case types

 

Our firm specializes exclusively in immigration law, ensuring we stay current with all developments that could impact your case.

 

💡 Immigration policies change frequently. A lawyer who focuses solely on immigration law is better equipped to handle policy shifts and tailor strategies to complex cases.

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Key Factors to Consider When Choosing a Canadian Immigration Lawyer

Verify Qualifications and Licensing

Your first step should be to verify that any potential lawyer is licensed to practice law in Canada. Check the law society directory in the province where the lawyer practices to confirm their standing and any disciplinary history.

 

Look for lawyers who:

 

  • Are members in good standing of their provincial law society
  • Have no significant disciplinary issues
  • Focus their practice on immigration law
  • Have relevant experience with cases similar to yours

 

You can verify lawyer qualifications through provincial law society directories such as the Law Society of Ontario or the Law Society of British Columbia.

 

Daniel Kingwell, founder of Kingwell Immigration Law, is a licensed lawyer with over 20 years of experience in Canadian immigration law. Our Toronto-based firm is backed by a strong team of legal professionals, and we are positioned to provide you with the clarity, innovative solutions, and support you need to build a life for you and your loved ones in Canada.

Assess Experience and Track Record

Experience matters significantly in immigration law. However, the right kind of experience is essential. Consider:

 

  • Years of Practice: While experience is valuable, ensure the lawyer has been handling cases involving criminal inadmissibility, medical issues, or other complex circumstances relevant to your situation.
  • Case Success Rates: Although no lawyer can guarantee outcomes, an experienced immigration lawyer should be able to discuss their track record and approach to similar cases.
  • Court Appearances: Check if the lawyer has appeared in Federal Court or before the Immigration and Refugee Board. This indicates they can handle complex legal representation beyond basic applications.

 

At Kingwell Immigration Law, our lawyers have over 20 years of experience and regularly appear in the Federal Court and before various immigration tribunals.

 

We assist clients with urgent immigration matters, including refused entry to Canada, immigration arrest and detention, inadmissibility issues, applications, permits, and visa services, as well as citizenship applications and refusals, and appeals and judicial reviews.

 

We regularly represent clients in the Federal Court, Immigration Division, Immigration Appeal Division, Refugee Protection Division, and the Refugee Appeal Division.

 

Our case results demonstrate our ability to achieve positive outcomes even in challenging circumstances, including successful appeals such as:

 

  • Musa v Minister of Citizenship and Immigration (2012 FC 298), where PRRA applicants from Israel had their application reconsidered after we successfully appealed to the Federal Court
  • Doresi v Minister of Public Safety and Emergency Preparedness (2022 FC 1300), where the Refugee Protection Division was ordered to redetermine a refugee claim from Albania.

Evaluate Communication and Accessibility

  • Clear Communication: Your lawyer should explain legal concepts in understandable terms and keep you informed about your case progress.
  • Response Time: Establish expectations for how quickly the lawyer will respond to your calls and emails.
  • Language Considerations: If English is not your first language, ensure the lawyer can communicate effectively with you or has multilingual staff available.
  • Regular Updates: Throughout the immigration process, your lawyer should provide regular updates on your case status and any developments.

 

We pride ourselves on maintaining open communication with our clients, providing regular updates, and being accessible when you need guidance or have concerns about your case.

 

We maintain open communication with our clients and are accessible when you need guidance or have concerns about your case. Our Toronto office is located at 181 University Ave, Suite 2200, Toronto, ON M5H 3M7, and we support clients across the world in managing Canadian immigration law matters. 

 

We pride ourselves on getting to know each specific person and their situation, so we can provide tailored, innovative, and efficient solutions that help them achieve their goals.

Fee Structures

Immigration lawyers charge fees in different ways, and knowing the payment structure is essential for being financially prepared for your case.

 

  • Hourly Rates: Some lawyers charge by the hour, which can be appropriate for straightforward cases or when the scope of work is uncertain.
  • Flat Fees: Many immigration lawyers offer flat fees for specific services, providing cost certainty for clients.
  • Retainer Agreements: Ensure you understand the retainer agreement, including what services are covered and any additional costs that may arise.
  • Payment Plans: Some firms offer payment plans to help manage costs throughout the process.

 

At Kingwell Immigration Law, we provide transparent fee structures and detailed retainer agreements so you understand exactly what services are included and any potential additional costs.

Call 416.988.8853 or toll-free at 855.267.6970 to schedule a consultation and discuss your case with our team.

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Essential Questions to Ask Potential Lawyers

Experience and Specialisation Questions

“How long have you been practicing immigration law?”

 

This helps you understand their level of experience and whether they’ve handled cases throughout different policy changes.

 

“Have you handled cases similar to mine?”

 

Specific experience with your type of case—whether it’s business immigration, family sponsorship applications, or cases involving criminal inadmissibility—is essential.

 

“What is your success rate with cases like mine?”

 

While no lawyer can guarantee success, they should be able to discuss their track record and approach to similar cases.

Process and Timeline Questions

“What is the typical timeline for my type of case?”

 

An experienced immigration lawyer should be able to provide realistic timelines based on current IRCC processing times and the complexity of your case.

 

“What are the potential hurdles in my case?”

 

Knowing potential issues early allows you to prepare and address them proactively.

 

“What can I do to improve my chances of success?”

 

Your lawyer should be able to identify specific steps you can take to strengthen your application.

Support and Communication Questions

“Who will be working on my case?”

 

Understand whether the lawyer you’re consulting with will personally handle your case or if other team members will be involved.

 

“How will you keep me updated on my case progress?”

 

Establish clear expectations for communication frequency and methods.

 

“What happens if my case is refused?”

 

Knowing your options for recourse, including appeals or judicial reviews, is important.

Red Flags to Avoid

  • Guarantees of Success: No legitimate lawyer can guarantee approval of your immigration application. Be wary of anyone who promises specific outcomes.
  • Pressure for Immediate Payment: Reputable lawyers will give you time to consider their services and review agreements.
  • Encouragement to Provide False Information: Any lawyer who suggests misrepresenting facts or providing false documents should be avoided immediately.
  • Lack of Transparency: If a lawyer cannot clearly explain their fees, process, or qualifications, consider this a warning sign.
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Different Types of Immigration Cases

Urgent Immigration Matters

Some immigration situations require immediate legal attention due to time-sensitive deadlines or critical circumstances. Urgent immigration matters include situations such as refused entry to Canada, immigration arrest and detention, motions for stay of removal, and Pre-Removal Risk Assessment (PRRA) applications.

 

When facing urgent immigration matters, you need a lawyer who can act quickly and effectively under pressure. These cases often involve complex legal procedures with strict timelines, and the consequences of delays can be severe.

 

Our team has experience handling urgent situations where hope seems lost, as one client shared: “Just as we thought all hope was lost, we had found our miracle.”

 

Choose our lawyers experienced in urgent immigration matters who will provide immediate legal analysis, develop rapid response strategies, and go through emergency procedures with immigration authorities and courts.

Applications, Permits, and Visa Services

Immigration applications encompass a wide range of services, including permanent residence applications, temporary residence permits, and various visa categories. Applications, permits, and visa services require careful attention to detail and a thorough knowledge of current immigration policies.

 

Whether you’re applying for a work permit, study permit, visitor visa, or permanent residence, each application type has specific requirements and documentation standards. Processing times can vary significantly, and incomplete or incorrect applications often result in delays or refusals.

 

The complexity of Canadian immigration programs means that even seemingly straightforward cases can encounter unexpected challenges.

 

Our firm assists clients with comprehensive application preparation, ensuring all requirements are met and supporting documentation is properly prepared and submitted. We stay current with changing immigration policies and processing procedures to provide the most effective representation for your specific situation.

Inadmissibility and Admissibility Issues

If you have been found inadmissible to Canada, this means you will be refused entry into Canada, removed from Canada, or have visas or applications denied. There are several reasons an individual may be found inadmissible, including criminal history, medical conditions, financial concerns, misrepresentation, or security issues.

 

Inadmissibility cases require specialized knowledge of various remedies and legal options. These may include Temporary Resident Permits (TRP), Criminal Rehabilitation applications, Medical Examinations, Authorised to Return (ARC) applications, and Humanitarian & Compassionate considerations. Each type of inadmissibility has specific legal requirements and potential solutions.

 

Our immigration inadmissibility lawyers help determine why you were found inadmissible and the ways you can potentially still enter Canada. We have extensive experience with all types of inadmissibility cases and will guide the best approach for your specific circumstances, including complex cases involving multiple inadmissibility factors.

Appeals and Judicial Reviews

When immigration applications are refused or negative decisions are made, you may have options for appeals and judicial reviews. The Canadian immigration system provides various levels of review, including appeals to the Immigration Appeal Division, the Refugee Appeal Division, and judicial reviews to the Federal Court.

 

Appeals and judicial reviews involve complex legal procedures with strict timelines and specific requirements. Knowing which type of review is appropriate for your situation requires detailed knowledge of immigration law and court procedures. Missing deadlines or failing to meet procedural requirements can result in losing your right to challenge negative decisions.

 

Our team regularly represents clients in the Federal Court, Immigration Division, Immigration Appeal Division, Refugee Protection Division, and Refugee Appeal Division proceedings. We have successfully overturned negative decisions and secured positive outcomes for clients facing removal, application refusals, and other adverse immigration decisions.

 

💼 From urgent matters to appeals, immigration cases vary in complexity. Work with a firm experienced in your specific issue to maximize your outcome.

Citizenship Applications and Issues

Citizenship applications often represent the final stage in your immigration journey to Canada. Canadian citizenship applications require meeting specific criteria, including permanent residence status, physical presence requirements, language proficiency, and knowledge of Canada.

 

The citizenship process involves several potential challenges. Applications may be refused for various reasons, including failure to meet residency requirements, criminal history, or issues with supporting documentation. In some cases, citizenship may be revoked if it’s determined that false information was provided during the application process.

 

Our citizenship lawyers will help determine whether you qualify to apply for Canadian citizenship and assist with the application process. We also handle citizenship refusals, revocation proceedings, and passport applications or refusals. 

 

Whether you need support during the application process or help managing complex citizenship issues, our lawyers provide comprehensive legal advice and representation.

PR Card and Permanent Resident Services

PR card services are essential for permanent residents who need to maintain their status and travel in and out of Canada. Permanent Resident cards must be renewed every five years, and failure to meet residency obligations can result in loss of permanent resident status.

 

PR card applications and renewals require careful attention to residency calculations and supporting documentation. If you haven’t met the residency obligation of being physically present in Canada for at least 730 days in the past five years, you may need to provide compelling reasons for your absence or explore humanitarian and compassionate grounds.

 

Our PR card lawyers have extensive experience with permanent resident card renewals, urgent PR card processing, and Permanent Resident Travel Document (PRTD) applications. We will help you understand your residency obligations and develop strategies to maintain your permanent resident status.

Refugee Claims and Protection

Filing a refugee claim in Canada requires careful preparation and a clear knowledge of legal requirements. The refugee process involves several stages, from initial claim submission to hearings before the Immigration and Refugee Board, and potentially appeals or judicial reviews.

 

Refugee claims must demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The process requires gathering evidence, preparing detailed personal narratives, and presenting compelling cases to decision-makers.

 

Language barriers, cultural adjustments, and emotional strain can create significant challenges throughout the process. Our experienced refugee lawyers provide dedicated assistance throughout Canada’s refugee protection process, from gathering evidence to preparing for hearings. We ensure every detail is addressed while offering compassionate guidance during this challenging time.

 

Our services include preparing and submitting refugee claims, representation at refugee hearings, appeals, and judicial reviews, and assistance with humanitarian and compassionate applications.

 

We have achieved successful outcomes, including Downer v Minister of Citizenship and Immigration (2018 FC 45), where an LGBT refugee claimant from Jamaica had their claim redetermined after our successful Federal Court appeal.

Family Sponsorship Applications

Family sponsorship allows Canadian citizens and permanent residents to sponsor their spouse, partner, children, parents, grandparents, and other eligible relatives for permanent residence in Canada. Each category of sponsorship has specific requirements and procedures.

 

Sponsorship applications require careful attention to relationship evidence, financial requirements, and supporting documentation. Common challenges include proving the genuineness of relationships, meeting minimum income requirements, and addressing previous immigration violations or criminal history. Processing times can be lengthy, and incomplete applications often result in delays or refusals.

 

Our sponsorship lawyers provide personalized guidance on spousal sponsorship, parental and grandparent sponsorship, dependent child sponsorship, and special cases involving other family members.

 

We have successfully handled complex sponsorship cases, including A.H. v Minister of Citizenship and Immigration (2020 FC 530), where we represented clients on appeal to the Federal Court for a conjugal partner PR application from Saudi Arabia, overturning the Immigration Appeal Division’s rejection.

Deportation and Removal Defence

Facing deportation from Canada can be overwhelming, whether you’re a permanent resident, refugee, or temporary visa holder. Receiving a removal order can jeopardize your future in Canada, but deportation is not always final with the right legal strategy.

 

Deportation defense involves knowing different types of removal orders and available legal remedies. Options may include appeals, stays of removal, humanitarian and compassionate applications, or Pre-Removal Risk Assessment applications. Time is critical in deportation cases, as many options have strict deadlines.

 

Our Canada deportation lawyers offer extensive legal support for permanent residents facing removal, foreign nationals without status, refugees with denied claims, individuals facing deportation due to criminal convictions, and those seeking humanitarian and compassionate relief.

 

We specialize in deportation defense, Federal Court appeals, and stays of removal, with a proven track record of helping clients remain in Canada.

Let our Toronto-based team guide you through the Canadian immigration process with clarity and confidence. Contact us to speak with our licensed immigration lawyer about your case.

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The Importance of Legal Representation

When You Need Professional Help

While some straightforward cases might be manageable without legal representation, certain situations require professional knowledge:

 

  • Complex family or personal circumstances
  • Previous refusals or negative decisions
  • Criminal history or inadmissibility issues
  • Urgent timelines or deadlines
  • High-stakes applications affecting your future in Canada

Benefits of Professional Representation

Hiring our qualified immigration lawyer offers distinct advantages throughout the immigration process. The following are key benefits of working with professional legal representation:

 

  • Legal Framework Knowledge: Our immigration lawyers understand the legal framework governing Canadian immigration and will manage complex requirements.
  • Application Preparation: Proper preparation of applications, supporting documents, and legal arguments significantly improves your chances of success.
  • Representation in Proceedings: If your case goes to a hearing or court, having experienced legal representation is essential.
  • Strategic Planning: Our skilled lawyer will develop a comprehensive strategy that considers all aspects of your case and long-term goals.

Case Preparation and Documentation

Effective immigration outcomes rely on thorough case preparation. Below are essential tasks your lawyer should handle to strengthen your application:

 

  • Document Review: Your lawyer should thoroughly review all documents to ensure they meet requirements and support your case.
  • Legal Arguments: In complex cases, written legal arguments may be necessary to explain how the law applies to your situation.
  • Hearing Preparation: If your case involves a hearing, your lawyer should prepare you for the process and potential questions.

 

📌 Choosing an immigration lawyer should be a strategic decision based on credentials, communication, and proven success, not just availability.

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Making Your Decision

Consultation Process

Most immigration lawyers offer consultations to discuss your case. Use this opportunity to:

 

  1. Explain your situation completely and honestly
  2. Ask about their experience with similar cases
  3. Understand their recommended approach
  4. Clarify fee structures and timelines
  5. Assess their communication style and professionalism

Evaluating Your Options

After meeting with potential lawyers, consider:

 

  • Their level of experience and specialization
  • How well they explain your options
  • Your comfort level with their communication style
  • The reasonableness of their fee structure
  • Their availability and responsiveness

Making an Informed Choice

Choose a lawyer who:

 

  • Has specific experience with your type of case
  • Communicates clearly and professionally
  • Provides transparent fee structures
  • Demonstrates knowledge of current immigration law
  • Makes you feel confident about your case

Why Choose Kingwell Immigration Law

At Kingwell Immigration Law, we understand that choosing legal representation is a significant decision that impacts your future in Canada.

 

Founded by Daniel Kingwell, our experienced lawyer with over 20 years of experience, and backed by a strong team of legal professionals, our Toronto-based firm brings a high level of practical experience that ensures we can find your path forward, even where others cannot.

 

Our approach combines:

 

  • Extensive Experience: With over 20 years of experience, we have successfully handled thousands of cases across all areas of immigration law, from routine applications to complex inadmissibility and removal cases.
  • Personalized Service: We believe every case is unique and develop tailored strategies based on your specific circumstances and goals. We get to know each specific person and their situation, so we can provide innovative and efficient solutions.
  • Proven Track Record: Our case results demonstrate our ability to achieve positive outcomes in complex situations, including successful Federal Court appeals and Immigration Appeal Division cases. We regularly represent clients in the Federal Court, Immigration Division, Immigration Appeal Division, Refugee Protection Division, and the Refugee Appeal Division.
  • Comprehensive Support: From initial consultation through to final resolution, we provide complete support for all your immigration needs, including urgent matters, applications and permits, hearings and appeals, and citizenship services.
  • Accessibility: We maintain open communication with our clients and are available when you need guidance or have concerns about your case.
  • Ethical Standards: As licensed lawyers, we maintain the highest ethical standards and are accountable to our provincial law society.

 

We understand that moving to a new country is one of the most exciting and turbulent times of your life. We also understand that the complex nature of Canadian immigration laws and policies, and the ever-evolving political climate, can be extremely difficult to manage. 

 

That’s why we act as our clients’ pillar of strength – investing ourselves in not only the facts of their case but also in getting to know their goals and what matters to them.

Call us at 416.988.8853 or toll-free at 855.267.6970 to schedule a consultation and speak with our licensed immigration lawyers today.

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Next Steps

If you’re facing immigration challenges or planning to apply for Canadian immigration, professional legal advice can make a significant difference in your success. The immigration process can be complex and challenging, but with the right legal representation, you can manage it successfully and achieve your goals of building a life in Canada.

 

Don’t go through the Canadian immigration system alone. Contact Kingwell Immigration Law today to discuss how we will help you go through your immigration journey and achieve your goals in Canada. Our experienced team is positioned to provide you with the clarity, innovative solutions, and support you need to build a life for you and your loved ones in Canada.

 

Remember that choosing the right immigration lawyer is an investment in your future. Take time to research your options, ask the right questions, and select someone who has the experience and dedication to help you succeed.

Frequently Asked Questions

How much do immigration lawyers typically charge in Canada?

Immigration lawyers charge fees using different structures depending on the complexity of your case. Some offer flat fees for specific services like applications, while others charge hourly rates for ongoing matters. Consultation fees vary, and payment plans may be available. Always request a detailed fee breakdown before proceeding.

If your lawyer isn’t responding within reasonable timeframes, document your attempts to contact them and request immediate communication. Consider filing a complaint with their provincial law society if the situation doesn’t improve. You may need to seek new legal representation to protect your case deadlines.

Yes, you can change lawyers during your immigration case, though timing and transition planning are important. Your new lawyer will need to review your file, understand previous strategies, and ensure continuity. Consider potential delays and additional costs when making this decision, especially near important deadlines.

Professional negligence by your lawyer may entitle you to compensation or corrective action. Document the error and its impact on your case. Your lawyer’s professional liability insurance may cover damages. Contact their provincial law society to report serious misconduct while seeking immediate legal advice to protect your immigration status.

Immigration cases involving criminal history, medical inadmissibility, previous refusals, deportation orders, or Federal Court proceedings require specialized expertise. If your case involves multiple legal issues or has unique circumstances, choose our lawyer who focuses exclusively on immigration law rather than a general practitioner.