Immigration Mythbusters

Truth: 
Under Canadian law, you can still make a refugee claim even if you cross the border irregularly,  — as long as you do so within Canada and meet eligibility criteria. This is protected by the Immigration and Refugee Protection Act and international conventions.

 Truth: 
Many immigration pathways do not require a job offer, such as Express Entry (Federal Skilled Worker, CEC), family sponsorship, and refugee protection. While a job offer can help, it’s not required in most cases.

 Truth: 
A refusal is not a ban. In many cases, it simply means documents were missing or improperly filled out. Our team at LEGEX LLP can help you understand the refusal and prepare a stronger re-application or appeal. 

 Truth: 
Legal Aid Ontario does cover many immigration and refugee cases, including refugee claims, detention hearings, and some sponsorship appeals. Eligibility is based on your income and the type of case. 

 Truth: 
Language tests are only required for certain pathways like Express Entry or citizenship. Many applicants (e.g., family sponsorship, H&C) can immigrate without language test results, and newcomers have access to free language training after arriving. 

 Truth: 
Once your refugee claim is found eligible, you can apply for a work permit. Most claimants receive this permit while they wait for a decision, allowing them to legally work and support themselves.  At LEGEX LLP, we assist claimants to apply for their work permit at the same time that the refugee claim is filed, meaning less wait time for the work permit to issue and less fees.  

 Truth: 
Spouses, common-law partners, adopted children, and even some extended family (in rare specific cases) may be eligible for sponsorship. Each case is different, and we can help assess your options. 

 Truth: 
They are not. Only lawyers can represent clients in all immigration and court matters, including appeals and judicial reviews. At LEGEX LLP, you are represented by qualified immigration lawyers licensed by the Law Society of Ontario. 

 Truth: 
Unfortunately, no. Even if you’ve lived in Canada for many years, you still need to apply for a legal status (e.g., H&C, refugee protection, family sponsorship). Time spent in Canada alone doesn’t guarantee anything. 

 Truth: 
Delaying your immigration process can lead to removal orders, detention, or loss of benefits. The earlier you get legal advice and apply, the more options we may have to regularize your status.

 Truth: 
It depends. Under the Safe Third Country Agreement (STCA), some individuals may be barred from claiming asylum at a port of entry if they previously claimed in the U.S.,but there are many exceptions (e.g., having family in Canada, unaccompanied minors, irregular crossings). Always speak to a lawyer before assuming you're ineligible. 

 Truth: 
No, under Canadian immigration law, a common-law relationship is recognized after 12 months of continuous cohabitation. You’ll need to provide proof such as shared bills, leases, or declarations.

Truth: 
No immigration category requires you to always have a job to maintain your status. For example, permanent residents do not lose their status due to unemployment. Refugee claimants and work permit holders may face challenges if terms are violated, but losing a job alone is not grounds for removal.

 Truth: 
You must declare all dependents, including children born outside Canada. You can sponsor or include them in your PR process, even if they’re abroad, but failure to declare them properly could make them ineligible in the future. 

 Truth: 
It’s not true. You can apply under multiple immigration streams if you meet eligibility criteria, for example, Express Entry and H&C at the same time. However, each application must be truthful and consistent. 

 Truth: 
Spouses and children listed as accompanying dependents can also receive permanent residence when the application is approved. Everyone included is assessed and can be granted PR status together.

 Truth: 
Not always. Some offenses may make you inadmissible, but many charges can be resolved, appealed, or may not lead to removal. You have the right to a hearing and legal representation. Contact us immediately if you're facing charges and have immigration concerns.

 Truth: 
Many people apply for PR from inside Canada, including through spousal sponsorship (inland), H&C, and refugee protection. In fact, leaving Canada during the process can sometimes jeopardize your application. 

 Truth: 
Absolutely not. Many of our clients at LEGEX LLP were initially refused but later approved after we submitted stronger, well-supported applications or filed appeals. Immigration law is complex, and you always have the right to try again. 

 Truth: 
Hiring a lawyer or representative doesn’t speed up IRCC processing times, but it ensures your application is correctly prepared, complete, and legally sound, which reduces delays and rejections.