Immigration Negligence / Breaches

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Immigrating to any country is a difficult process. When immigrating to Canada, the services of a professional are generally obtained to help simplify each person’s unique immigration journey. But what happens if the professional you hired acted negligently or breached the terms of your contract or duty to you?

There are numerous cases where professionals make errors that should not have happened or breach their duty of good faith to their clients. This can pose serious consequences to the clients. 

When situations like this arise, there is recourse. There are things that can be done to save a person's immigration in Canada, and/or hold the professional responsible for their wrongful actions.

Negligent representation can affect you

Unfortunately due to fraud, misrepresentation, and other violations that could potentially occur within immigration, as a victim you may feel as though there is no recourse. That those responsible for exploiting your situation may never get the justice they deserve. At Van Law Group we believe that whoever has previously conducted your file in an improper manner must be held accountable, and for these reasons we also recommend hiring a lawyer instead of consultants.

Understanding the terms.

Negligent representation can create complications with your immigration status, including:

  • This term generally refers to someone who entered the country legally, but lost their lawful status by not meeting certain conditions. In order to correct your status, you have two options: Travel and Re-entry or Reinstatement.

    Examples of Out of Status include:

    • Working without proper authorization

    • Overstaying the authorized period of stay issued

    • Being unemployed or “benched” while holding work authorization status

    • International students not attending classes or falling below the required credit load

  • Restoration of Status occurs when you have not filed an application prior to the expiration of your current permit. When entering Restoration Status, you have now lost all authorizations you may have had when you held a valid permit - for example: the authorization to work in Canada.

    Eligibility

    • Apply within 90 days of your status expiring 

    • Continue meeting the requirements for your stay 

    • Have not violated any conditions of your permit 

    Consequences of not applying

    • Apply within 90 days or you may not be able to remain in Canada 

    • May need to leave Canada and apply for a visa to return 

Connect with us

Hours
Monday–Friday
10am–6pm

Phone
(604) 356-4434

E-mail
info@vanlg.ca