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Success: Tribunal Approval

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We are in the business of saving lives. We know the extreme sacrifices that people make to come to Canada. These cases take significant time and resources to get a positive result.

In this case, we accepted this refugee claim on a Legal Aid Certificate from Legal Aid Manitoba in early 2023. If you have read the news, you may know that we stopped taking legal aid in late 2023 as the Government of Manitoba made the decision to increase funding to criminal lawyers by 70% and to family lawyers by 50%. The increase for immigration services? ZERO. This was a difficult decision and we applaud the new NDP government’s recent decision to correct this terrible mistake and to recognize the valuable work done by immigration lawyers.

We do our best to support all the people who come to our office. We have been accepting legal aid since 2015 and we hope the government continues to support our work.

In this case, our client is from Kenya. She had a complex situation involving family members and she had to escape. She fled to different countries before making the decision to come to Canada. We put together strong packages of proof and objective evidence to show the RPD that our client’s particular circumstances are described by section 96 of IRPA.

We were able to help her with her refugee claim and we love winning.

Now that her claim has been accepted, she can apply for PR status.

CONGRATULATIONS!

Update: Legal Aid is FIXED; CIL will start taking LAC in 2024

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As reported by CBC News, CIL made the difficult decision in DEC 2023 to stop accepting legal aid certificates. This decision was not made lightly. Alastair Clarke has had many conversations with Peter Kingley (K.C.), Executive Director of Legal Aid Manitoba over the past few years. We cannot disclose all the details of these conversations, of course. The decision in 2022 to increase funding for criminal and family matters, while not increasing funding for immigration was extremely concerning. We believe Manitobans want to support immigration. Manitoba has a strong history of helping people come to this province.

Alastair Clarke first started working with refugees in 2005, as a law student at Queen’s University. He worked at the Centre for Spanish Speaking Peoples legal aid clinic and he guided many refugee claimants through the process. For almost 20 years, he has continued the mission to help the most vulnerable people in the world. Feel free to watch his TEDx talk.

Based on all the work done by CBC News, in particular the work done by Arturo Chang and his attention to this important issue. We also want to thank other advocates in Manitoba that pushed Legal Aid Manitoba to make the right decision to (finally) increase funding for immigration. Victory! This is very good news and this funding will help many people

Starting 1 APRIL 2024, CIL will start accepting legal aid certificates. We strongly believe that lawyers need to use their skills and experience to help the most vulnerable.

To be clear, CIL has continued to help refugees even after we stopped accepting legal aid. Our refugee clients have been paying for those services on private retainers. We will also continue to accept clients on private retainers, depending on the circumstances. Our refugee claimants in Quebec, for example, do not qualify for Legal Aid Manitoba so they will continue to sign contracts for services.

What is the purpose of a legal consultation?

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In this post, we explain what you can expect during an initial consultation with an immigration lawyer. We answer the questions: “what is the purpose of a legal consultation?” and “what can I expect during the initial meeting with a lawyer?” We also have links at the bottom to help you make this important decision.

At CIL, we get dozens of requests for a consultation every day. During the consultations, you will speak with an immigration lawyer and he will take comprehensive notes during these meetings. We love meeting new potential clients. You may bring family members, social workers, agents or friends to the consultation. These supporters may provide emotional support or they may also have questions. Everyone is welcome.

DEFINITION

According to online dictionaries, here is one definition of “consultation”:

a meeting with an expert or professional, such as a medical doctor, in order to seek advice.
Another definition:
the process of discussing something with someone in order to get their advice or opinion about it
You may book a consultation with a lawyer, a doctor, an accountant or other professionals. Hopefully, the specialist will have enough time, during the consultation, to review the relevant facts and provide useful advice on what you may, or may not, be able to do to remedy the problem or achieve your goals.
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WHAT HAPPENS DURING AN INITIAL CONSULTATION?

At the initial consultation with the immigration lawyer, you will have a chance to explain your situation. You can provide a brief description. The lawyer is not looking for you to recount your whole story. He needs a summary to assess the following points:

  • Understand the basic facts;
  • Determine the nature of the legal issue;
  • Assess your legal options;
  • Describe, in general, the steps involved in the different options;
  • Provide a general assessment on your prospects of success; and,
  • Provide a quote associated with the requested services.

At the end of the consultation, the lawyer will let you know if the team at CIL can assist. We are extremely busy and we serve hundreds of clients at any given time. If you have an emergency, please contact us as soon as possible to book a consultation.

CAN YOU RECORD THE CONSULTATION?

Yes, you can. Use your phone to record. Use your laptop. Use a recording device. We know that meeting with a lawyer can be stressful. We know that telling your story may be difficult and, potentially, quite stressful. Our goal is for your consultation to be a positive and useful experience. Bring family members. Record the consultation. Bring lists of questions.

We have had consultations where a potential client has described past trauma. We have tissue in our conference room. They brought a sibling to the consultation and recorded the entire meeting. The potential client was able to replay the consultation afterwards and listen to the legal options. Our goal is to help.

GETTING A LEGAL OPINION

An initial consultation with a lawyer is very similar to that of a doctor. When you first meet a doctor, they may do a brief examination and you may ask questions. You need to ensure that the doctor is the right doctor for your situation. Most matters involving lawyers or doctors are quite serious so you want to find the best professional.
We love meeting new people and we know you may have a high level of stress. We have met many people who have been “burned” by other immigration professionals. They are very cautious when they come and meet with us for the first time and they do not want another bad experience. Hopefully, during our consultation, we can have a useful conversation and you can decide whether the team at CIL is a good fit.
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HOW  MUCH DOES A CONSULTATION COST?

The team at CIL gets many (MANY!) requests for a “free” assessment and we know there may be shady agents who provide “free” consultations. CIL does not provide free consultations. Agents who do “free” consultations are not interested in giving any useful information. They give you a sales pitch. You get what you pay for – nothing useful. That is a waste of time for both the individual and the professional. In these cases, caveat emptor.
So how much should you pay for a consultation? In 2016, we published an article that includes 12 Tips for Choosing an Immigration Lawyer. As noted in that article:
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Consultation Fees range from CAD $150 to CAD $600, depending on the firm, and you should use this time well.
This information is, perhaps, out of date. We have not seen consultation fees at $150 for many years. Another website online provides this range of consultation fees:

You can see other quotes online for different fees for a consultation. The fees that lawyers charge are completely up to them and there is a huge range of professional fees from different immigration lawyers across Canada, in the same way, there is a huge range in the $$ that immigration lawyers charge for a consultation. For example, a lawyer in Alberta charges CAD $630.00 for a 50-minute consultation. From our point of view, that seems too high based on the level of service we can provide during a consultation.

GHOST REPRESENTATION

During a consultation, a lawyer cannot review applications, documents and provide legal advice so the individual may submit the applications on their own. This is called “ghost” representation and it is against the law. Lawyers cannot give comprehensive legal advice without being retained for many reasons, including requirements from their malpractice insurance carriers.

SIGNING A CONTRACT

OK – after the consultation, you may request a contract for a particular service. The contract will include a detailed section with Services and Fees. You should read the contract to understand the scope of the work.
Booking a consultation and meeting with a lawyer is not the same as retaining the lawyer or the law firm. The consultation does not mean that the lawyer is automatically your representative. For that, we must follow Law Society Rules. We need a signed contract that clearly outlines the services and fees. Once you have a signed contract and paid the deposit, you have retained legal counsel. We look forward to working with you.
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DO YOU NEED A LAWYER?

No, you are never required to hire a lawyer. That is your choice. In the same manner that, if you break your leg, you do not need to go to the hospital. It is recommended, but it is always your choice. Many people who come to CIL for a consultation do not sign a contract. The information from the consultation may be enough. From our point of view, that’s perfect. Hopefully, we were able to answer their questions and provide useful information.
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MORE RESOURCES

Here are a few articles for more information:

Changes to Webform/ CSE

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Even since Alastair Clarke gave testimony to the Parliamentary CIMM committee, IRCC has been “modernizing” the system. This has been going on for many years and we have seen many developments over the years to add online services and provide better, faster updates to applicants. To an extent, IRCC has been moving to a “customer” approach and we have seen significant changes in the office culture within government departments.

One of the tools that IRCC unveiled many years ago was the Webform/ Case Specific Enquiry (CSE). This was one of the first online tools created by IRCC so applicants & representatives could input their application # and provide updates for the Officer. I spoke with another lawyer and she indicated that the Webform/ CSE service has been available since at least 2015. In our research, we could not find exactly when the Webform was initially launched. It was many years ago.

In Nov 2023, IRCC changed the Webform/ CSE system. Applicants and representatives can no longer simply type information in the “free text box”. Now, it is more difficult to provide updates to the Officer. We now need to draft a document with the update, create a PDF and then upload the document(s) to IRCC. IRCC has made it clear that there has been significant abuse of the Webform/ CSE system. This seems to be a change designed to limit the # of webforms/ CSEs submitted to IRCC.

“I’ve sent IRCC a Web form every day for the past 6 months”

I remember meeting an applicant during a consultation last year who was very anxious. His application was in process and he came to CIL to enquire on the mandamus process. He explained that his situation was urgent and his family was suffering. He had been sending Webforms/ CSE requests through the IRCC every day for many months – with no progress. He booked a consultation to see how we could help. Our 1st piece of advice: stop sending webforms every day. That is not helping your case.

To be clear, we hear the frustration from clients and applicants almost every day related to delays and backlogs. I recently spoke with another lawyer who described a CPC as a “black hole” and she was extremely frustrated with the lack of communication and the dearth of updates from Officers. That being said, we also hear the frustration on the other side. During a CBA Immigration conference, a group of IRCC Officers described how in 2021, they received more than 1 MILLION enquiries/ updates via the online Web form/ CSE system. Officers were overwhelmed.

The Web form/ CSE System was Broken

I think it is very clear the Web form/ CSE system was broken. There has been a high level of frustration on both sides. Applicants are frustrated. We are sending updates to IRCC and the Officers are not getting the information. Here is an example:

  • I met an international student who got a 1 year PGWP. She spoke with a shady agent who mistakenly told her that she could extend her PGWP. She paid $3000 to this shady agent to submit the application. She then did some research and booked a consultation at CIL to get a 2nd opinion. We let her know that her PGWP would be refused. She was alarmed. She was the victim of a scam and she got bad legal advice. She submitted a Webform/ CSE to withdraw the application. She tried to fix the problem. But the IRCC Officer did not get the Webform/ CSE in time and, instead, the PGWP Extention was refused. She was ordered to leave Canada.

If the new web form system increases the chance to avoid this type of situation, then we support the change. Hopefully, the additional work to submit updates through the web form will mitigate the # of unnecessary/ frivolous updates and, in turn, lower the level of frustration on the side of the Officer. If Officers have less frustration, then, perhaps, we may see faster processing and more action when we send web forms to the Officer and our client’s situation is genuinely urgent.

AI Solution?

In general, I am sceptical that AI solutions will improve the immigration system. In this situation, however, I could see the benefit of an AI giving the Officer a preliminary assessment of the Web form/ CSE. The AI could, for example, identify if the Web form includes updates & information that was not previously disclosed. This could free up the Officer’s time and it could increase efficiency in the system

Fees for Service

As you know, CIL is 100% open and transparent with professional fees. No other immigration law firm has published more information online on their pricing & fees. In the past, under the former system, CIL has submitted web form/ CSE updates on behalf of clients at no additional cost. We did not charge any extra fees for this service. The amount of work involved in the former system was such that extra work did not warrant extra fees.

Under the new system, CIL will be charging for this service. IRCC has created a new system that requires more work to submit updates. This new amount of work is no longer trivial. This is not a decision that we take lightly. We do our best to provide value to our clients and we do our best to provide the best possible service.

 

MB Legal Aid

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CIL WILL NOT ACCEPT MORE LEGAL AID – UNTIL THINGS CHANGE

We regret to announce that CIL has made the difficult decision to not accept any more legal aid certificates for the foreseeable future. We do not take this action lightly. We know that many clients will be disappointed. Clients regularly come to us as they have heard we are the best. They have been told to come seek our help. Communities rely on our services. Unfortunately, Legal Aid Manitoba (LAM) has failed to provide sufficient compensation for this work, despite increasing fees for other areas of law. This is simply not fair so we have been compelled to make this difficult decision.

WHY ARE WE SUSPENDING LEGAL AID?

In Oct 2022, the Government of Manitoba increased LAM tariffs for Criminal Law matters. They increased tariffs for Family Law matters. Increase for Immigration? No. Increase for Refugees? ZERO. Clearly, LAM considered the tariffs and decided they were too low. They decided to increase the moneys paid for many legal matters and made the decision not to increase tariffs for immigration and refugee matters. Is this fair?

Mr Clarke has spoken to the management at LAM and they have repeatedly promised to make things fair. We have been patient for more than 1 year. They have failed to act on their promises. Inflation has been increasing our costs of doing business. Workers are getting 9.5% wage increases. 

Based on the MB Legal Aid website, the maximum fees for a refugee hearing (from start to finish) is CAD $1,315. That is the maximum. It is extremely low. If a lawyer has a complex case, they can request a “discretionary increase”. That request goes to a committee and they review the work. How many requests for a “discretionary increase” (DI) are approved? At CIL, we have submitted many DI requests over the years and they have ALL been denied by LAM. This means that CIL is paid at a low rate for some work, and not paid at all for any additional work that may be required.

The only conclusion is that the current model is not sustainable. If we continue to accept LAM clients at unfair rates, we are supporting and condoning an unfair system.

BACKGROUND

We love helping our clients. Families. Workers. Students. Business Owners. Corporations. Refugees. We serve all our clients equally, regardless of their background. Access to justice is one of our motivating principles. We know that legal fees can be expensive so we offer payment plans. We also know that, in some cases, even our payment plans are outside the means of certain clients. Every year, we spend many hours doing pro bono work for clients and we regularly offer additional services at no additional charges. Unlike the vast majority of law firms, we publish our fees online for anyone, in any country, to review so they can make an informed decision. We have published detailed explanations regarding our one-time Administrative Fee and we have been regularly audited by the Law Society. We love the fact that we have helped so many clients win at the RPD, win at the IAD, win at Federal Court, and we have helped so many clients come to Canada as students or workers or as separated family members.

CIL is a business. We have to keep the lights on. We have to pay our bills. We have to pay salaries and bonuses to Team Members. We do not receive any grants or funding from either the provincial government or the federal government. We rely on fees paid for our work – 100%.

In Manitoba, there are 2 potential sources of fees: 1. Clients; or 2. Legal Aid Manitoba. Most law firms in Manitoba do not accept legal aid certificates. When Alastair Clarke founded CIL many years ago, a senior lawyer said:

“My best advice is to not accept legal aid. If you do, you will not be able to feed your family.”

Mr Clarke did not take that advice. CIL has accepted legal aid certificates every year and we are actively involved with the legal aid community. Mr Clarke has also been volunteering for many years at the Legal Help Centre to provide free legal advice on immigration matters.

After many years of practice, it is clear that refugees are good for Manitoba. They pay taxes. They perform valuable work during a labour shortage. Based on research from the University of Manitoba, they are a net positive for our economy, notwithstanding the fact that helping refugees is the right thing to do.

CARL WILL NOT HELP

In 2022, Mr Clarke had a meeting with lawyers in Ontario and other provinces to discuss legal aid. The meeting was organized by the Canadian Association of Refugee Lawyers (CARL). We talked about calling on the Federal Government to establish a nationwide plan and, in the end, we could not agree on a unified message. Why? One of the reasons is that Legal Aid Ontario pays lawyers much more than other provinces. In addition, unlike Manitoba, the Ontario government has recognized the importance of refugee protection so their fees increased in 2023 and they will increase again in 2024 and again in 2025. 

The refugee lawyers in Ontario do not want to risk those tariffs coming down to match the tariffs paid by Legal Aid Manitoba. This makes sense. I certainly would not want to negatively impact my colleagues in Ontario based on the lack of fairness in Manitoba.

WHAT ARE FAIR RATES?

This is a tough question. Mr Clarke regularly lets his staff know that we are in the business of saving lives. There is no price tag on that service. The average doctor in Manitoba is paid $310k for their work. Is that a fair comparison? No, not really. We want to be fair. We want to be just. We currently charge a minimum of $3,500 to assist with a refugee claim from start to finish. These procedures generally take 12 to 18 months and we work with the claimant, supporters, witnesses and members of the community to prepare the case. We need to spend enough time on each and every file to make sure our clients have the best chance at success.

Clearly, the LAM tariff of CAD $1,315 is not fair.

A Canadian law firm in Ontario charges CAD $11,250.00 for a refugee claim and hearing (minimum). I am not including a link to that law firm as I do not want to give them any web traffic. In my view, charging CAD $11,250.00 for a refugee claim is outrageous and not fair to the claimant.

 

Most people would agree the above rates are too high. Charging CAD $11,250.00 is not defensable, although I did not contact that law firm to see what justification, if any, they have for such high fees.

Our fees start at CAD $3,500 and most of our refugee claimants on private retainers pay that amount. We have not raised our fees for refugee claims since 2015. In 2020, we did a review of our fees and we noticed that law firms in Canada were raising their fees. We made the decision not to raise ours because of clients were suffering. 

 

Canadian Lawyer Magazine published the 2020 Legal Fees Survey online. Legal fees in 2021 went up. Here are the numbers for 2021. Average fees for a refugee claim in Ontario in 2021 was $5,000, for example. Based on our research, they did not publish fees for 2022 or 2023.

Based on the above, we know that we could charge more than $3,500 per claim. I know that our services are among the best in Canada. Since David Matas decided to limit his practice, Alastair Clarke is arguably the most experienced refugee lawyer in Manitoba. He was contracted by Kinbrace in BC as the Canadian expert in refugee law to oversee and draft the guide from refugee claimants across Canada. In 2023, he accepted a position as an IRB Representative for the Canadian Bar Association (CBA). Currently, he has more than 50 hearings scheduled at the RPD and he is booked until Spring 2024. Do we want to raise our fees? No.

$1,315? $3,500? $5,000? $5,750? $11,250? What is fair?

Based on 15 years of practice, I believe $3,500 CAD is fair for a refugee lawyer to charge to represent a refugee claimant at the RPD. To be frank, this should be the minimum for this type of work. I can understand how refugee lawyers in Ontario charge $5,000 and how the average fees across Western Canada is $5,750.

Alastair Clarke recently spoke with a junior immigration lawyer who is starting out. She asked about different areas of practice and LAM. Mr Clarke described the work involved and let her know that LAM pays $1,315 for this work. Her reply:

That’s it? Are you joking? How could I feed my kids? No, that can’t be right.

She is correct. It is not right. It is not fair.

THE LAST STRAW

As you have read from the above, this has been an issue that has been burning for a long time. What prompted this decision? I can share this story. In NOV 2023, we accepted a LAM to accept a family from Turkey. They have truly suffered, although this is not straightforward situation as they are relying on “generalized risk”, which is difficult in the context of a A96/ A97 determination. Regardless, we accepted the LAM file. Then we learned that the sister of the principal claimant is a physician in Manitoba. She is getting paid CAD +$300,000.00 by the Government of Manitoba to provide health care to residents in Manitoba. Could she support her brother and his family? Yes. Is she? No. She helped them apply to LAM.  It could be said that she expects to get paid CAD +$300,000.00 by the Government of Manitoba to save lives but she does not want to pay anything for us to save her brother’s life. That was the last straw.

HOW CAN YOU HELP?

We are calling on the Government of Manitoba to match the tariffs paid by the Government of Ontario for refugee services. That is all. A refugee lawyer in Kenora, ON should be paid the same as a refugee lawyer in Winnipeg. If that happens, we will accept more work from LAM

WHAT HAPPENS IF LAM FAILS TO ACT?

We will continue to represent refugee claimants on private contracts. Our fees are published online. Based on the above, I hope you agree that our fees are fair. Our clients are on payment plans. We do our best to be as flexible as possible. If you need help, we would love to work with you.

Success: IAD appeal

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Parents are so important to many families in Canada. Our clients pay their taxes, they work hard to make Canada a better place and they would like to be here with their parents. Unfortunately, it can be difficult to sponsor parents to come to Canada. Many of these applications are refused for many reasons, including the minimum necessary income requirement, medical requirements, or other elements to this application. Thankfully, we have won many, many cases at the IAD. We love appeals.

Visa Officers around the world scrutinize these applications. They may refuse an application based on minor mistakes. Many sponsors try to do the applications by themselves and they may get refusals. The IRCC refusal can be stressful for the family. They have already waited for a long time and the decision can be a shock.

In this case, our client has been trying to sponsor his parents. He has been working 3 jobs to bring up his income. As you may be aware, Visa Officers are focused on line 150 from the CRA Notices of Assessment. Every year, the MNI calculation changes, depending on the macroeconomic situation of residents in Canada. Our client’s application was refused and he came to us for help.

We were retained to help. We reviewed the application and GCMS notes. We redid many key parts of the application. We negotiated with Minister’s Counsel who defended the Officer’s decision. In the end, our appeal was allowed.

As you can see from the decision, the IAD was able to make its decision “IN CHAMBERS”. This means that we did not have an IAD hearing for this case. We were able to get a positive decision for our clients without oral evidence.

Our fees are based on the work involved, so our client’s fees for this case were very low. We did not charge for the testimony preparation or for the oral hearing. This makes sense, of course, but there are many lawyers out there who will charge exorbitant fees that are not based on the work they have actually done.

Top 5 Immigration Lawyers

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CIL has been recognized as one of the top immigration law firms in Winnipeg, according to bestwinnipeg.com. Please note: CIL does not have any partnership or agreement with BestWinnipeg.com. They were not compensated in any way, either monetarily on in kind, for this recognition.

If you read our previous posts, you may be aware that CIL has been recognized as the #1 immigration law firm in Winnipeg by the Quality Business Awards in 2022. Again, they were not compensated in any way, either monetarily on in kind, for this recognition. We have a policy that we do not pay for advertising unless the advertising benefits a client. The vast majority of our clients come to us based on personal recommendations or referrals.

As noted by BestWinnipeg.com:

Based on client reviews, they have competitive rates compared to other immigration lawyers in the area. They are 100% transparent with their fees and provide you with a detailed retainer agreement to clarify their services even further.

We appreciate this kind of transparency when it comes to legal fees because legal fees can get tricky and escalate way above budget if you are not careful. Clarke Immigration Law makes it a point to be clear about any fees from the time of consultation and throughout the process.

Indeed, as noted, CIL is the only law firm in Winnipeg to publish our fees online to make sure you understand exactly what you are paying for. Transparency and 100% full disclosure are paramount to the work done by the team at CIL.

The website provides guidance on suggested fees for various immigration services. As noted below, CIL charges lower fees than most of the estimated costs listed below. In short, our clients get the best service for low cost:

The Cost of Immigration Lawyers in Winnipeg

Here is a price table that will give you an idea of the services of immigration lawyers and their estimated cost in Winnipeg.

SERVICE ESTIMATED COST
Consultation $200 to $500 per hour
Tourist Visa $3,000 to $4,000
Express Entry $5,000 to $7,000
Study Permit $3,000 to $3,500
Criminal Rehabilitation $4,000 to $6,000
Temporary Resident Permit $4,000 to $5,000
Post Graduate Work Permit $3,000 to $3,500
Super Visa $3,000 to $5,000

 

Our fees are published here so you can easily compare. 

This award and recognition is much appreciated. We have also been recognized as the #1 law firm for immigration by ThreeBestRated for 2022. We were also lauded for our work in 2021 and past years. We love positive results for our clients and we appreciate the recognition for all the work done by the team at CIL.

Thank you for all our clients, partners and supporters. This type of positive feedback motivates us to help more people!

Inflation & Immigration

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Labour shortages, inflation and high interest rates have had a serious impact on the Canadian economy in 2022. These economic factors have had a significant impact on our clients as well as our staff. To a certain extent, the business of immigration law is not greatly affected by these changes. This is based on the strong demand for applicants around the world who are focused on moving to Canada. Recent reports have highlighted the fact that Canada is a top destination country around the world.

Canadian geography has been a huge benefit for immigrants who are anxious during this time of conflict. We have spoken with clients who planned to immigrate to Germany or other European countries. With the war in Ukraine and the looming energy crisis, they have decided to focus on coming to Canada, rather than Europe.

The strong Canadian energy sector as well as the recent boom in crops has also been a huge benefit to immigration. Statistics Canada suggested crop yields for 2022 will be higher than in previous years. This will be a benefit to the Canadian economy as well as shielding the food market from potential shortages of wheat and grains from Ukraine.

As reported by Global News:

According to Statistics Canada, wheat will be among the most dramatic yield increases across the country this year. Nationally, wheat production is projected to increase by 55.6 per cent year-over-year to 34.7 million tonnes in 2022, according to Statistics Canada.

Given Canada’s natural resources and multicultural population, we applaud the government for its decision to increase immigration. Immigration Minister Sean Fraser announced plans to increase the number of immigrants entering Canada to 500,000 in 2025. As noted by CBC:

The announcement signals a significant increase from the 405,000 immigrants that came to Canada last year and the 465,000 expected to arrive next year.

Canadian industries are facing a significant labour shortage. About one million jobs are vacant across the country.

The new plan puts an emphasis on increasing the number of immigrants who will be admitted based on their work skills or experience over the next three years.

Clarke Immigration Law strongly supports this plan. We are looking forward to helping applicants navigate IRCC programs and applications so they may find a better home in Canada.

Please note: Clarke Immigration Law has not raised our fees since 2015. We have been focused on keeping our fees reasonable with the goal of helping as many clients as possible. We believe that publishing our fees online and offering generous payment plan options contributes to access to justice and benefits our clients. Given these facts, we will be reviewing our fees and we expect we will be raising our fees in 2023 to match inflation.

 

CIL Supports Ukraine

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CIL has strong connections with Ukraine and we have been helping the community for many years. Our hearts go out to the Ukrainian people and everyone in Manitoba with connections to Ukraine. For many years, generations in fact, Manitoba has welcomed Ukrainians and embraced all aspects of Ukrainian culture. We have helped with all types of applications, from MPNP applications to PR to TRV applications to Federal Court appeals. Thankfully, we have been able to achieve positive results.

In this time of crisis, we want to be part of the solution. To that end, we are announcing four (4) points to help:

1. Fast TRV applications

We have prioritized these applications. Based on the conflict, TRVs to help bring Ukrainians have been processed as quickly as 2 business days only. This is exceptionally fast processing and IRCC has accepted the urgency of this situation. If you know someone who needs to leave Ukraine urgently and who has ties to Canada, we would strongly urge you to consider a TRV application. These can be done quickly and we are hoping to help many people escape the conflict.

2. 50% discount for existing clients on TRV applications

We already have clients who have taken advantage of this offer. We are trying to get these applications done as quickly as possible. Cities across Ukraine and under siege. The situation is urgent. Not only are we trying to get this done quickly, we are also providing a 50% discount for our existing clients based on our professional legal fees. We have no control, of course, regarding government fees.

This is a limited-time offer. Please contact our office for details.

3. 50% discount for consultations to bring Ukrainians to Canada

If new clients want to open a file to help folks in Ukraine, we are offering 50% discount on those consultations. We are committed to helping with these cases and we do not want limited finances to be a burden. To be frank, we would encourage you to donate that savings to organizations who are helping folks in danger. They need the support more than us.

This is a limited-time offer. Please contact our office for details.

4. Prioritize applications to help Ukrainians

Based on the urgency of this situation, we are making these applications a priority. We want to get them prepared and submitted ASAP.

Please contact our office if you or anyone you know may benefit from our assistance. We are here to help. 

Delays, Excuses and Backlogs

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IRCC processing times, which are published and updated online here, can be very frustrating for applicants and representatives. As I testified to the Parliamentary committee in NOV 2020, I have been urging the Canadian government to further digitize the system to improve efficiency and to shorten processing times. Government departments, alas, are very slow to adapt. After a year, we have seen some minor improvements to the system and we acknowledge that many IRCC Officers have been focused on helping applicants from Afghanistan and other countries who require urgent attention. That said, it is very frustrating that we are constantly dealing with IRCC delays, excuses and backlogs. As often reported in the news, IRCC delays may cause serious problems for the applicants. 

How to Avoid Delaysdelays, excuses and backlogs

We often get clients who come to us when they are frustrated and they have exhausted all logical routes to expedite their applications. During consultations, clients almost always want to know how long an application will take and they want to know what they can do to speed it up.

Our first piece of advice: make sure the application is complete and it is done properly.

To do that, we recommend that you hire a representative. Collectively, the staff at CIL has more than 40 years of experience putting applications together and dealing with every type of situation. We understand the purpose and language of the IRCC forms, which may not be clear. Too often, we have seen applicants go sideways because an applicant did not answer the forms correctly. I will add that many applicants have good intentions and they make mistakes even when they are trying their best to follow the IRCC guide.

The second piece of advice: IRCC Officers are people too.

It is very easy to think of IRCC as a monolithic department of cogs and wheels. That is simply not the case. IRCC is one of the largest departments within the federal government, with many different offices. Each Case Processing Centre has its own office culture. Each Visa Office has its own idiosyncrasies. And each Officer is empowered with discretionary power to handle their applications as they see fit, within reason. I have seen messages to Officers that are rude, unprofessional and insulting. Do you think this helped? No, of course not. It is more likely the application of a belligerent applicant will receive additional scrutiny. Be respectful. Be professional. Despite IRCC delays, the Officer who may be working diligently on the other end will appreciate it.

Third piece of advice: work within the system.

I am hesitant with this advice. The Canadian immigration system is arbitrary and often unfair. At times, it seems like the best course of action is to try to break the system and, at times, it seems like the system is not working. That said, we advise to try to work within the system as much as possible. The system itself is vast and complex. Sometimes a client will complain and express their frustration/ disappointment before they have exhausted all options within the system.

When All Else Fails – Mandamus

In cases where an application has been in process for much longer than average processing times and all (reasonable) efforts have failed, we file Mandumas Applications to Federal Court. This is considered to be an “extraordinary” remedy and it should be employed as a last resort (read: last, last, last resort) when the IRCC delays are unbearable. Mandamus applications are expensive and they do not guarantee a positive result. If allowed, the Court will simply make an Order to IRCC to make a decision – positive or negative.

In a recent 2020 decision, Justice St Louis outlined the relevant legal test:

1) There must be a public legal duty to act.

2) The duty must be owed to the applicant.

3) There is a clear right to the performance of that duty, in particular:

  1. a) the applicant has satisfied all conditions precedent giving rise to the duty;
  2. b) there was:

(i) a prior demand for performance of the duty;

(ii) a reasonable time to comply with the demand unless refused outright; and

(iii) a subsequent refusal which can be either expressed or implied, e.g. unreasonable delay.

4) where the duty is discretionary, the discretion is fettered and spent.

5) No other adequate remedy is available to the applicant.

6) The order sought will be of some practical value or effect.

7) There is no equitable bar to the relief sought.

8) On a “balance of convenience”, an order in the nature of mandamus should issue.

As with all matters before Federal Court, the job of the lawyers at the Department of Justice (DOJ) is to act in the best interests of the Government of Canada. Most of the time, this means the DOJ lawyer will defend the Officer, even to the point of defending IRCC delays.

In the case cited above, the Mandamus Application was dismissed. This means that all the time and effort on the part of the lawyer was wasted. It also means that all the $$$$ spent by the client was for naught.

The last point regarding Mandamus Applications is that the IRCC application may be decided at any time. There is no way to predict exactly when the IRCC Officer will make a decision.

Every Case is Different

It may be trite but it is important to underline that every case, every application is different. In the background, the IRCC Officer may be doing an investigation, completely unbeknownst by the applicant.

I cannot tell you how many times we have heard something along these lines: “my friend has exactly the same case and his application was approved a long time ago! Can you help?”

If we are then retained to help, we can then try to figure out what is going on. It is often very clear after our review that the application had issues and, in fact, it was very unlikely the friend’s case was “exactly the same”.

Things May be Improving

I think it is very clear the Canadian immigration system is slow. There are many things that can be done to increase efficiencies and I know IRCC is working hard to improve the system.

We did a Canadian citizenship application for 2 minor applicants (which were approved). Average processing times for the application are 12 months and we got approvals after only 6 months. So our client was very happy with our service. However, she then applied for UK citizenship for the 2 minor applicants (their father is British) and the applications were processed in a few weeks. She was able to scan and send the documents to the UK Officer by email. Imagine that!

To end, we want to congratulate the new Minister of IRCC, the Honorable Sean Fraser. Hopefully, he will continue to build efficiencies in the system to make it better and easier to reunite families in Canada.