Residency

Why Leaving Gaps in Your Immigration Forms Can Harm Your Application

One of the biggest mistakes that applicants make when they submit immigration applications without the help of an immigration lawyer is leaving out questions on their immigration forms or leaving gaps in their personal, educational or travel history.

What can happen when you leave gaps in your personal history?
There is a high chance that your application will be returned to you because it is incomplete, or an immigration officer will reach out and ask you to complete the forms again and provide complete information. Either way, this slows down your application and creates processing delays. In some cases, if there is a cap to your application category (for example, a parental sponsorship application) you could miss out on applying until that application process opens back up again the following year.

In the best interest of you and any family that you may be sponsoring to come to Canada, remember to always provide full and complete information.

We often have people ask us about periods of time when they were between jobs, between semesters at university or in the process of moving to a new state or country. In these situations, when you are not working or studying, you must indicate that you are unemployed or traveling, whichever best fits your scenario, and indicate the exact time periods. Even if you have a one month gap, your application will not be processed without complete information.

Another important note is to make sure that you are going back far enough in time. Generally, applications ask you for your history for the last 10 years or since you turned 18, whichever is most recent. For example, if you are 20, then you would provide your history from the time you turned 18 until the day you sign off on submit your application. If you are 40 years old, you would provide information from the time when you were 30 until the day you sign off on the forms.

You should also take the time to make sure the information you are providing is accurate. If you cannot remember the exact month when you left a job a few years ago, it is worth it to take the extra time and find your last pay stub or employment letter to confirm the date and get it right. Immigration officials can ask for evidence, and depending on the type of application you are submitting, you may already be required to submit proof of your work or education experience. These dates will be cross-referenced when your documents and background details are reviewed.

Similarly, if you are providing dates of travel history or time spent in or outside of Canada, take the time to review your passport stamps, travel itineraries and flight details. We strongly recommend that you take the extra time to look at your documents up front, before you are in a situation where you realize that you have provided incorrect or misleading information in your application. Even if your error or omission was not intentional, you could seriously jeopardize your application or be determined to have misrepresented yourself, which can create a barrier to you immigrating or traveling to Canada in the future.

If you need assistance confirming that your forms and documents are complete, or are unsure what information you need to include in your application, reach out to our experienced team at Keyork Immigration Law.

It is important to be aware of potential scams so you can recognize them early, not get involved and report any suspicious activity to the proper authorities immediately.

Fake Job Offers

If you are ever contacted with a Canadian job offer, you should make sure that it is legitimate before taking any action. Lawyers and immigration consultants cannot send you a job offer for immigration purposes or guarantee you immigration status. Similarly, law firms cannot act as job soliciting partners for employers or recruitment agencies. You will never receive a legitimate job offer from a law firm and should immediately report any party that claims to either: (a) be a law firm offering you a job offer for immigration purposes; or (b) be an employer or recruiter that is working in partnership with a law firm.

Real employers will first contact you for an interview and discuss a potential job offer with you before sending any documents. If anyone contacts you and asks for payment or an administrative fee in exchange for a job offer then you should report them. Employers will not do this and you should not be required to make any payment to secure a job offer.

Valid job offers should list the name of the employer or recruitment agency and will not list the name of a law firm or government agency. When you receive a job offer from an employer, take the time to review it carefully to make sure that it is legitimate. Below, you will find an example of a fraudulent job offer.

Here is an example of a fake job offer created by a fraudster using our firm’s name – this fraud has been reported to the authorities:

Promises of Guaranteed Application Approvals

Ads or offers that promise you a job or guaranteed entry to Canada are false. Plain and simple. Any Canadian employer, lawyer or other legal representatives who offer you guaranteed entry to Canada, a job offer or expedited processing in exchange for a fee is acting fraudulently. Do not engage with or pay these individuals.

You do not need a legal representative to apply for Canadian immigration status or obtain a Canadian job offer. Legal representatives can help you prepare a strong application and increase your chance of success based on their experience, but they cannot guarantee you a visa or that your application will be processed more quickly than anyone else’s. No representative or third party can negotiate special treatment for you with the government.

Choosing a Legal Representative

It is important to understand who is legally able to help you with an immigration application and give you advice. Only lawyers or paralegals in good standing with a Canadian law society, immigration consultants who are members in good standing with the Immigration Consultants of Canada Regulatory Council or notaries who are in good standing with the Chambre des notaires du Québec are legally allowed to charge a fee for immigration advice and assistance.

You can easily make sure that your representative is authorized by asking them if they are a member of any of the above organizations and then calling that organization or doing a quick online search to make sure the individual is who they say they are.

Making False Statements or Submitting Fraudulent Documents

There are serious consequences for providing false documents and information to Canadian immigration authorities. It is important to steer clear of fraudsters because you could also be penalized for being involved.

Penalties include being banned from entering Canada, being recorded in the government’s database, having any existing Canadian status revoked, being removed from Canada and being charged with a federal crime.

How to Report Immigration Fraud

If you suspect that you are in contact with a fraudulent individual or company, do not engage with them or give them any personal information. You should immediately report the activity to Immigration, Refugees and Citizenship Canada (IRCC) by calling the Border Watch Tip Line (Toll-Free): 1-888-502-9060. All information you provide will be kept confidential.

 

Why is my application taking so long to process?

This is, by far, one of the most frequent questions I receive from my clients as well as from consultations. Whether its a spousal sponsorship, a travel document, a visitor visa or a citizenship application, the question comes back over and over again. Having been practicing now for over 8 years, I know clearly that the decision will eventually arrive, and most of the time, it will be a positive one. I know that we simply must be patient but how to make client patient as well? I know that the file has not been lost or thrown away, but how to convince the client otherwise?

I always make sure to advise clients during consultations, as well as after they have retained our services, that immigration processing times are very unpredictable and often quite long. I also advise clients that CIC provides us with an estimate of the processing times on their website, however, the times posted are approximations and can be much shorter or much longer. Finally, I also ensure to advise clients that it is better to expect the application to be processed in a longer time frame, in order to avoid disappointment and manage expectations.

What I have realized is that when family reunification is at hand, the emotions of our clients take control over understanding reality. It is my job at that point to explain immigration processes and procedures and sooth clients’ concerns in order for them to feel confident that their application will hopefully be finalized sooner than later.