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| Subject: Not all immigration lawyers are the same... |
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My original immigration lawyer for Canada has gone on maternity leave and she was great - I have been assigned a new one and have a few queries for the forum:
I landed in March 2014 and returned to the UK to tie things up and I will also be getting married early next year. I am aware that I have a 2 year timeframe to be back in Canada and plan to do so around summer of next year on a permenant basis.
1) Despite not applying for my PR, the new lawyer contacted me to say that the picture on my CoPR was not acceptable and that I should re-send photos so that I can get my PR - is this correct? Would my PR be automatically generated without a Canada address?
2)The then said that she didn´t know what my personal circumstances are/were but was wondering when I will be coming to live in Canada - I told her I was aware of the timeframe but that my marital status would be changing so was planning to go to Canada mid next year for good. She said that the laws are changing and that she would strongly recommend that I am there my 31st March 2015? Again is this true? I had a sleepless night as this timeframed does not work for me, but as she was so vague about laws changing it gave me nothing to go on.
3) She said that once I send the pictures she would send me a form so that she can take over my case - my orginal lawyer is back in January (all being well) - would it be possible for me to revert back to her when she returns or am I better off not transferring? I want my original lawyer to handle the immigration of my partner as she was very helpful.
4)I´m wondering whether to call CIC and ask them to correspond with me going forward given that I am now a PR.
Your views to these points would be very welcome.
Thanks in advance
Dee London
[12-08-2014,08:11]
[**.92.209.135]
Dee London |
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(in reply to: Not all immigration lawyers are the same...)
@ Dee London
You are already Landed so what is this about your photo on your COPR Confirmation of Permanent Residency form???
Do you mean your permanent residency card photo? More likely.
You already gave the CBSA Officer when you got Landed an address to send your PR card to so relax.
Now if you are a UK citizen you do not need a PR card to travel to Canada so chill regarding your PR card being issued.
Retain who you desire and stop worrying.
Roy
cvimmigration.com
[12-08-2014,11:26]
[***.91.134.50]
Roy |
Not all immigration lawyers are the same...) (in reply to: Not all immigration lawyers are the same...)
Hi Roy
yes the lawyer is talking about the PR card and that my original photo did not meet with the specification - I have an official CIC letter stating this. Actually I did not provide an address when I landed as I was staying in a hotel. So are you saying I don´t need to follow up on getting the PR card in this case? Yes I am a UK citizen.
What about her advice that I had to be in Canada for the 31st March - any truth in that?
Thanks as always
Dee London
[12-08-2014,12:36]
[**.92.209.135]
Dee London |
(in reply to: Not all immigration lawyers are the same...)
Dee, you have some good questions. May I suggest you speak to the lawyer you are currently in contact with? If you are dissatisfied with her service then you are free to change counsel. Then new counsel can take full responsibility.
But for the rest of us to poke our noses into a case we are not responsible for or fully knowledgeable about is not only disrespectful to our colleague but is also risky for you as we do not have full knowledge of the case. Details can be very important.
As a lawyer, it is not what I know that worries me, it is what I do not know. And to be confident that I know what I need to know I need to have the whole file and responsibility for it.
I know that that dos not directly answer your question but I hopes it helps nevertheless.
[22-08-2014,00:44]
[**.26.84.254]
Gregory James |
(in reply to: Not all immigration lawyers are the same...)
p.s. There is one question that is simple to answer. If you want to change counsel you can do so at any time. If you want to return to your previous counsel when she returns to work you are free to do so.
[22-08-2014,00:48]
[**.26.84.254]
Gregory James |
Not all immigration lawyers are the same... (in reply to: Not all immigration lawyers are the same...)
Thank you for your response Gregory and I take on board your points. My post was not intended to slander anyone in the community of lawyers as I know that there are so many factors to be taken into consideration before advice should be given - especially on a forum where advice could be easily mis-interpreted.
My main question was whether my P.R could be revoked if I do not settle in Canada before the end of March - has a new law come out that I am not aware of? The lawyer simply worried me with her remarks, as my plans are to come for good in the Summer of 2015 (landed March 2014) Therefore, any advice on that specific topic would be welcome.
Thanks
Dee London
[22-08-2014,06:08]
[**.92.209.135]
Dee London |
maintaining permanent resident status (in reply to: Not all immigration lawyers are the same...)
The description you have given is not completely clear, but here is a general answer:
When a person receives a permanent resident visa (from a Canadian visa office) she is given a deadline by which he or she has to arrive in Canada and have her entry processed either at the airport or at a land border crossing or (if by ship) a seaport. From that moment she has to live in Canada for at least 730 days in the next five years. That is only 2 days out of 5. I have had clients who came to Canada to get their permanent residence finalized and then immediately returned to the country where they had a job etc.
They could do that because of the 730 day rule. I have seen cases where the person remained outside of Canada for almost all of the first three years and then returned for years 4 and 5, so as to earn their 730 days.
However, I have also seen people who remained outside of Canada until their PR card was ready to expire (five years outside of Canada) and then came back to Canada. This last option is very, very, very risky as the person can be questioned when they arrive at the port of entry (airport usually) and if the officer asks the wrong questions their failure to reside in Canada for 730 days in the first five years of the PR status can result in them losing their PR status. I strongly recommend nobody does that.
Or else they will need a lawyer.
With respect to the possibility that anyone would mistake your previous comments as critical of your current or previous counsel, lawyers tend to have thick skin. Immigration lawyers need that to deal with immigration and visa officers. :)
If you want to speak to me more privately you can reach me at the email address below.
Gregory James
gjames@gregoryjameslaw.com
[22-08-2014,08:22]
[**.26.84.254]
Gregory James |
