It is a natural tendency for people to communicate in the language that is most familiar to them. This natural tendency does not jive with Canada’s immigration program where there is a significant emphasis, if not the most significant emphasis, on language proficiency in English and/or French. Communicating in your native tongue, while comfortable, does not lend itself to garnering points in our immigration scoring systems for language proficiency. It is also tempting for prospective applicants to search out an immigration representative who can communicate with them in their native language. There are sound reasons to resist this temptation. Let’s review some real-life situations where failure to communicate in English or French can be problematic.
Several years ago, I was consulted by a German citizen who was seeking permanent residence and had been working with a German speaking immigration lawyer. He was concerned about the status of his immigration application and sought advice for a second opinion about the progress and likely success of his application. In the course of reviewing his file material, all the email communication that was provided to me was – not surprisingly – in German. I could not read this communication to assess the accuracy of any advice provided. Further, the cost of translating this communication would have been considerable. In the final cost-benefit analysis, we did not proceed with the translations. I based my second opinion solely upon the information in the application forms prepared, which were in English. We ultimately finalized this application for permanent residence for this applicant and he became a Canadian permanent resident.
More recently, we were consulted by a client who had been working with an immigration consultant to submit her PR application. After having received a refusal to the application, she consulted our firm for a second opinion. While the application submitted was in English, all internal communication, both verbal and written, was in their native language. In this situation we translated all the “written” communication as it was essential for us to understand what had transpired. Virtually all the communication was conducted over a free instant messaging app. The circumstances of this case have necessitated an application to the Federal Court where the Justices will only review evidence in either of Canada’s two official languages – English and French.
The language of communication matters in immigration applications where the Department of Immigration, Refugees and Citizenship Canada (IRCC), Canada Border Services Agency (CBSA), Service Canada and the Federal Court only communicate in English and French so having your communication from your immigration professional in either or both of these languages gives you a step up.
It is also important to understand that as immigration lawyers, we can only advance your case upon actual EVIDENCE. Evidence matters. Text messages, verbal communications, WhatsApp and WeChat messages, and many forms of online communication don’t lend themselves to readily providing evidence to either IRCC, CBSA, Service Canada or the Federal Court. You need to insist upon your communication from your immigration professional being sent to you in an easily readable and understandable format such as letters, or emails. If you are going to rely on internet friendly communication, then be prepared to make numerous screen shots to “save” your exchange of communication if and when you need it. Be prepared that your immigration representative is NOT saving this communication so you will need to save this yourself.
Second opinions are often a prudent step to take in any legal matter to ensure that the path that you are taking is sound. No legitimate immigration representative should be offended or intimidated by a client wishing to seek a second opinion. I have had many clients ask for their client files to be returned to them in order for them to obtain a second opinion. Many of them have come back to me to continue as their immigration lawyer. No immigration professional should be put off by the scrutiny of a second opinion by a fellow immigration professional.
For both of these clients, it was “easier” for them to communicate with their initial representatives in their own native language. It was not easier for them to obtain a second opinion nor to provide the evidence that we needed to pursue remedies for their immigration applications.
We employ immigration professionals at our firm from a wide range of ethnic and cultural backgrounds who can speak several languages. Indeed, my partner Victor and I, between ourselves, are familiar with 7 different languages. Language matters in order to more easily communicate with immigration clients. But Canada’s immigration program is based upon communication in Canada’s two official languages – English and French. You are well advised to insist upon your immigration professional communicating with you, at least in writing, in English and/or French. And never be afraid to seek a second opinion.
