Every day we counsel our clients about their immigration problems: denied applications, misrepresentations, expired deadlines, removal orders, etc.
Unfortunately, these problems are often the consequence of mistakes that could have been easily avoided.
Here are the top 7 common mistakes that could jeopardize your immigration plans.
Mistake #1: Underestimating the importance of a good plan
Improvisation is the worst enemy of a successful immigration. While this may sound obvious, many people make the mistake of not planning out their immigration appropriately, or not planning at all.
Before filling out application forms to request visas or permits, prospective immigrants ought to plan ahead and devise a smart strategy based on your wishes, personal situation and financial means.
First off, you should determine whether you intend to stay in Canada temporarily or if you would like to settle permanently. Secondly, you must know what is the purpose of your stay: study, work, do business or visit. Then, the project’s feasibility should be assessed: do I have enough money, what are my career objectives and employment prospects, the feasibility of a business opportunity.
It is paramount that this assessment be as realistic as possible.
Without a well defined plan, it is easy to choose the wrong immigration program or stream or to give in to the temptation of resorting to short term fixes or solutions that may end up ruining a long term immigration project.
Lastly, please do not sell your properties, do not quit your job and do not ship your furniture and other personal possession to Canada before the approval of your immigration applications !
Mistake #2: Providing inaccurate or incomplete information in forms and declarations
As stated by Canadian immigration authorities on their websites, all relevant information and instructions regarding immigration procedures are available online and are easily accessible.
It is true that you do not need to hire a representative to assist preparing an immigration application or to help with the application process.
However, the most common causes of denials or delays in the processing of immigration applications are mistakes made in application forms, the lack of supporting documentation and the non-compliance with required formalities (certified copies, translations, etc.).
In order to adequately prepare an immigration application file, it is paramount to follow all requirements and processes properly. These requirements and processes must not be under estimated, as sometimes they may be rather complex.
To avoid the problems of a poorly prepared immigration application, recurring to an authorized representative, at least to obtain advice on specific issues, is often the best solution.
Mistake #3: Manipulating, hiding or misrepresenting information
Making false declarations in an immigration application could seriously jeopardize a Canada immigration project. According to Canadian immigration authorities, making false statements is as serious offense, tantamount to committing fraud.
Generally, a person misrepresentation finding may result from manipulating, hiding, faking or failing to disclose information relevant to the analysis of an immigration application. For example, the fact of misrepresenting one’s marital status (single, married or divorced), the fact of having children, the reasons of one’s visit to Canada, the existence of past violation of immigration laws or the existence of criminal convictions, will likely result in serious legal problems.
The law severely punishes those convicted of making false declarations. This offense could lead to an immigration application being denied, or worse, to the revocation of a temporary permit, of the permanent residence status and even the loss of Canadian citizenship. In addition, those convicted of making false statements may be barred from entering Canada, either temporarily or permanently.
Even without doing so on purpose, because of oversight or lack of attention, the mere fact that the information contained in an immigration application is inaccurate could ruin your immigration project.
Mistake #4: Not respecting the conditions attached to an immigration permit or required by law
Each immigration status imposes legal obligations, the strict observance of which can influence the success of an immigration project.
For example, visitor status and work and study permits are temporary. Thus, if a renewal or modification is not requested before the expiration of the status, the immigrant will have to leave Canada.
In the case of a “closed” work permit (limited to a specific employer), if the temporary foreign worker is dismissed or resigns, he will no longer be able to work for a different employer without obtaining first a new work permit.
The holder of a study permit must actually attend class and study. If a foreign student fails to pursue his or her study program diligently, the conditions of the student status will not be fulfilled.
For its part, permanent resident status is subject to a residence obligation. Indeed, permanent residents are required to effectively reside in Canada for 2 years in the past 5 years. Otherwise, the permanent residence status may be lost.
The conditions attaching to immigration permits must be taken seriously, as a violation could result in serious legal consequences and ruin an immigration project.
Mistake #5: Getting married to resolve an immigration problem
Many believe that marriage is the ideal solution to their immigration problems. Some are so convinced that they get married and then look for a representative to help them prepare and file immigration applications.
However, this is a deadly mistake. Merely marrying a Canadian citizen or a permanent resident does not guarantee the success of a spousal sponsorship application.
In general, Canadian law promotes family reunification through the spousal sponsorship program. Sponsorship allows foreign spouses of Canadian citizens of permanent residents to obtain permanent residence and to settle or stay in Canada with their better half.
However, marriage per se is not sufficient to successfully complete a sponsorship process. The marriage must be authentic and the couple must entertain a real conjugal relationship. In other words: getting married for the papers is not the solution.
Mistake #6: Underestimating the importance of language proficiency
In Canada, there are two official languages: French and English. In the province of Quebec, a good knowledge of French is essential in order to qualify for most immigration programs available in this province. The same can be said for the English language and the immigration programs available in the rest of Canada.
In addition, for equity reasons, even those whose mother tongue is French or English must pass a language test.
Oddly enough, many people underestimate the importance of both official languages when planning their immigration project. This problem is more common among entrepreneurs, investors and sponsorship applicants, since these programs require no special language skills.
However, a good knowledge of French or English is essential in order to be able to interact with one’s environment, find a job, go into business, help your children with their school homework, obtain Canadian citizenship, etc.
In other words, languages are very important in order to successfully integrate and have a better quality of life, regardless of the Canadian province chosen. The importance of official languages should therefore not be underestimated.
Mistake #7: Relying on unqualified advice
One of the most common mistakes is relying on recommendations from friends and acquaintances, information posted on forums, social media, and responses from call center immigration agents.
Comments on forums and social media may be old or correspond to exceptional situations. Immigration laws and rules change frequently and the information may no longer be up to date.
It is not uncommon that Support Centre immigration agents answering calls may give different or even contradictory answers on the same point when consulted twice or more times. The problem is how the question is asked and how the agent understands it.
The mission of these agents is to give general information on immigration programs or to answer questions on the progress of a particular file. Their role is not to give legal advice. When questioning them, it is important to formulate your questions properly and avoid the temptation to hear the answer you would like to get.
It is best to always have the information confirmed by a reliable professional. Remember, each situation is different. A piece of advice may be good for one but not for the other.
When consulting a professional, it is always recommended to check their qualifications. In Canada, only lawyers, notaries (in Quebec) and licensed immigration consultants can legally offer paid immigration assistance.
This also applies to all other legal issues that immigrants may face. When seeking assistance on matters of business law, labor law, family law, tax or estate law, it is always best to consult qualified professionals in these areas.
