Canadian Immigration Lawyers: Sub Categories
By Author: Admin | November 23, 2009
Canadian Immigration law is inherently complex and can encompass various other laws; it can intersect criminal law, international law, extradition law, politics, and human rights. Below is an unscientific summary of the various types of immigration lawyers practicing in Canada today. The description below is a very rough guide. The reality is that there are some immigration lawyers who straddle more than one of the categories below.
Corporate Immigration Lawyer
Legislation Intimately Familiar With: The parts of the Immigration Refugee Protection Act dealing with temporary entry, the DUI statutes of developed countries
Core clientele: Corporations and the persons they employ, usually in the developed world.
Persistent/recurring case: Drunky McDrunk, a number cruncher or computer programmer who needs extra assistance entering Canada, because of a drunk driving conviction.
Amount of litigation experience: varies depending on how large the corporate clientele is; lawyers who are retained by larger corporations usually don’t bother to litigate since they often do the same type of case repeatedly; lawyers retained by smaller corporations usually have some litigation experience since they are not deluged by the huge, consistent clientele that corporations offer.
Political perspective: most refugees are fake, but if a corporation needs the services of that fake refugee, then that’s ok. The enforcement department is too concerned about protecting the rights of nannies and fruit pickers at the expense of the efficient processing of Drunky Mc Drunk’s work permit.
Refugee Immigration Lawyer
Legislation Intimately Familiar with: UN Convention relating to the Status of Refugees and the parts of the Immigration Refugee Protection Act dealing with refugees and the removal of unsuccessful refugees from Canada.
Core clientele: victims of failed or oppressive states, almost always in the developing world.
Persistent/recurring case: this depends on the country, and the political/religious/sociological climate there. Such cases could comprise gays in Mexico, Palestinians in the Occupied West Bank or Gaza, or Underground Church-goers in China.
Amount of litigation experience: more than the corporate immigration lawyer, since the relatively lower success rate of refugee claimants necessitates, the use of the federal court.
Political perspective: the world is an oppressive place, and the enforcement department is politically compromised and the immigration department is preoccupied with a ham-handed profiling of minorities’.
Permanent Resident Immigration Lawyer
Legislation Intimately Familiar with: The parts of the Immigration Refugee Protection Act dealing with permanent entry, the Nominee Programs of various provinces.
Core clientele: Individuals originally from the developing world, and such persons who are studying or working in Canada.
Persistent/recurring case: a case filed in a visa office that is taking way too long, or a case where Mr. Patel’s education or Mr. Li’s English skills are not high enough to make the grade. Similarly, a case where a marriage is seen as ‘fake’.
Amount of litigation experience: varies depending on how large the client base is: lawyers who represent many clients for permanent residence don’t have the time to go to court.
Political perspective: foreign credentials aren’t properly recognized in Canada, and the immigration department is preoccupied with a ham-handed profiling of minorities’ work history.
Litigation Immigration Lawyer
Legislation Intimately familiar with: everything necessary for the case being worked on (these types of immigration lawyers are ‘legislative tourists’ – they must quickly pick up on the how the relevant part of the law operates and try to argue why it should be interpreted in a way that helps their client)
Core clientele: everybody whose case was rejected or delayed by the Immigration Department;
Persistent/recurring case: whoever the enforcement department is leaning on; whoever the immigration department is making a test case out of;
Amount of litigation experience: more than all of the other lawyers, given the type of work engaged in.
Political perspective: recognizing the competing interests (e.g individual versus collective) of the relevant statute they are working on.
- Claiming Refugee Protection from the Canada-US border
- Anyone Can Be A Representative under Canada’s Immigration Website
- An Alternative Dispute Resolution at the Immigration Refugee Board – Withdraw?
- Citizenship and Immigration Canada’s update’s its Sponsorship of Parents and Grandparents for 2017
- Removal Orders in the Canadian Immigration Law Context
- Letter of Invitation for a visitor visa in the Canadian Immigration context
- Recent Changes to the Express Entry’s Comprehensive Ranking system
- PART III: Express Entry – The Canadian Experience Class
- PART II: Express Entry – The Canadian Skilled Trades Program
- Part I – Express Entry – The Federal Skilled Worker Program