For a successful first consultation, being prepared and understanding the goal of the meeting is key. The early consultation really is the ideal first step in what could be a long relationship with an immigration lawyer. It’s an opportunity, typically at no great financial risk, to share your concerns and plans, discuss potential options, and weigh up whether the professional you’re talking to is one you’d like to work with.
The Preliminary Assessment Comes First
Before we even get into strategy, a specialist has to get a good look at who you are on paper. What’s your educational background? What were your language scores? What’s your work history? Do you have a spouse or children who would be immigrating with you? How long have you been in your current status? This isn’t just idle curiosity. It’s the information necessary to determine your eligibility for every immigration program in Canada other than refugee resettlement.
And that’s why this step isn’t instantaneous. According to the Canadian Bar Association, there are over 100 different economic, family and humanitarian programs in the Canadian immigration system. Express Entry, the Provincial Nominee Program, family sponsorship, work permits tied to an LMIA, each of these has different threshold criteria that you need to meet in order to be eligible. Your consultant can’t talk to you about your options until they’ve first measured your profile against the mandatory criteria for each program. If you don’t qualify, it doesn’t matter how much you want to go to Canada, the specialist isn’t doing you any favors by giving you false hope. Better to take the refusal now and focus your energy on improving your profile until you’re eligible. A failed application for any reason can create red tape that follows you around for the rest of your life.
This is also the stage where the question of whether or not to have your credentials assessed comes up. If you did your education outside Canada, the last question you’ll be asked is whether you’ve ever had your overseas academic or professional credentials formally evaluated. Many programs in Canada will only count your foreign credentials in your favor after they’ve been assessed against the equivalent Canadian standard, and some streams have rules about the order in which this has to be done. For example, for Express Entry, your ECA must be acquired before the completion of your profile.
The Difference Between Legal Advice and General Information
There’s a reason people spend hours on immigration forums and still leave confused. What official guidelines outline is general information. But the practical, situation-specific advice you need comes from understanding how those rules interact with your unique circumstances, your plans, and the geopolitical context of the filing period.
Your specialist can make recommendations based on recent precedents, what’s been working (or not) for other applicants lately, and overarching enforcement trends, none of which are detailed in government bulletins. And this is why the quality of the strategic advice you receive, be it from a consultant or a legal professional, can have a direct impact on the success of your application.
For instance, Alberta-bound immigrants will find that an immigration lawyer calgary who handles federal cases and AINP applications can often give a clearer picture of the costs and benefits of each route, based on recent data. This is the sort of information that should come out during your sit-down session with a potential representative.
Uncovering Problems Before They Become Disasters
One of the most important things a first consultation accomplishes is identifying issues you didn’t even know were issues. Past visa refusals, a minor criminal record from years ago, a gap in employment, a medical condition that was flagged at a previous border crossing, these are the types of circumstances that can quietly torpedo an application if not brought to the surface proactively.
Admissibility is a legal question, not every conviction results in a person being inadmissible to Canada, and in some cases, an application to overcome inadmissibility can be made. Whether or not a past conviction leaves you inadmissible, and whether an application for rehabilitation or another solution is open to you, turns on the specific offense, the amount of time that has passed, and the jurisdiction in which the offense was committed. A specialist who doesn’t delve into this during the first meeting isn’t doing the task justice.
The consultation is an opportunity to put all your cards on the table without risk. Privilege applies as soon as the consultation begins, what you say to the lawyer is confidential.
Realistic Timelines, Not Promises
A reputable professional will provide you with a realistic overview of processing times, and realistic in this context means being upfront about the fact that backlogs at IRCC can impact how long your application takes. Be wary of anyone who commits to a specific approval date or to expediting your application.
What you can expect are general processing times for the category that is the best fit for your situation, details on circumstances that could influence a quicker or slower processing time, and a breakdown of what you can do to help speed things along versus factors that are beyond your or anyone else’s control. This kind of information is what helps you set accurate expectations.
Fee Structures and Next Steps
Before you part ways, your attorney will tell you about their fee structure. Are they a flat-rate firm (most work they do will cost you a flat rate)? Are they hourly (rarer for immigration attorneys but not unheard of, particularly for larger firms taking on more complicated legal work)? Do they require a deposit upfront that is then billed against hourly work? You’ll learn all this in your initial consultation and have it in writing if you choose to move forward.
Come Prepared and Ask Questions
Gather all your papers: passport, proficiency exams, school degrees, work history, previous visa papers. The more detailed your profile, the more tailored the guidance you get will be.
Prepare your questions in advance. Inquire about the expert’s track record on cases like yours. Ask what the red flags are in your case. Ask about a backup plan if your visa is rejected.
The initial meeting establishes a level of expectation. Go in with your eyes wide open.
