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Can I move my Refugee claim file form Montreal to Toronto ?

Whiskey2020

Hero Member
Apr 8, 2020
361
76
Are you using legal aid? If so you can’t retain your current lawyer if you move to Ontario or any other province. @Whiskey2020 must have a private lawyer if he is still using his Quebec lawyer.
No my lawyer was a lagal aid but once I move I still retain her and she knew that I have got a job, because the government will not pay her since am working. So you don't need to change lawyer, you just need to pay them when you have your hearing and they will be more serious in representing you.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
No my lawyer was a lagal aid but once I move I still retain her and she knew that I have got a job, because the government will not pay her since am working. So you don't need to change lawyer, you just need to pay them when you have your hearing and they will be more serious in representing you.
That means she became your private lawyer and you are not receiving legal aid. Given @A Jay has not been employed for a long period of time and qualified for legal aid I assume they will continue needing legal aid at least for the next few months until they hopefully get jobs. If they want to continue having legal representation without a break they either have to transfer to Ontario legal aid or pay their current Quebec lawyer as a private client.
 

Whiskey2020

Hero Member
Apr 8, 2020
361
76
That means she became your private lawyer and you are not receiving legal aid. Given @A Jay has not been employed for a long period of time and qualified for legal aid I assume they will continue needing legal aid at least for the next few months until they hopefully get jobs. If they want to continue having legal representation without a break they either have to transfer to Ontario legal aid or pay their current Quebec lawyer as a private client.
Sure I guess your right. But it very important that they get a job because it's one of the things they asked me during my interview.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Sure I guess your right. But it very important that they get a job because it's one of the things they asked me during my interview.
Legal aid lawyers usually work more on a case than they will get paid for taking the case. When clients of legal aid complain that they call their lawyer all the time but they rarely hear back it is because they can’t afford to reply to every request for updates on their case or enquiry about whether they have a hearing date. If you are paying your lawyer privately they can give you more time because you are paying them for that extra time. Every time you call them they are writing down the minutes they talked to you. There are very good legal aid lawyers but they have a big case loads and can’t afford to spend the same amount of time answering any question you may have or having meetings preparing you for your testimony. If moving to Toronto when they have likely been on welfare for many months it is probably unlikely that they will be able to pay a lawyer any time soon. Findping a job and housing will be difficult enough.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Hi,

I am an asylum seeker in Montreal, arrived with my husband and son in Canada last year around May 2019 and we filed in Montreal as we have just been through so much already and it seemed like a good place to start to raise a family and we realized rents were cheaper. We just submitted the basis of claim and were assigned a legal aid lawyer but haven't yet heard anything on the hearing date.
Things got difficult when we started settling down in Montreal. We dont speak french and everything almost all communication from everywhere (be it hydro or my son's school) we receive is in french. My son was only allowed to attend a french school, the school is great but his homework is a project for my husband and I every single day. My husband has not been able to secure even a minimum wage job until now. I was lucky to find a contractual job where I didn't require a lot of french now that job has ended.
My question: Can we move our claim files to Toronto or anywhere else in an English speaking province and how to do that ? should we start looking for jobs there ? or should we speak with our lawyer first .

Any and all help will be highly appreciated - I am going out of my mind thinking of how to go about this.

Thank you
Assume you are receiving welfare. When moving provinces you often end up with weeks of no income while you wait for your application to be processed. As soon as you leave Quebec you are no longer eligible for welfare there and must the welfare office that you are moving.
 

Whiskey2020

Hero Member
Apr 8, 2020
361
76
Legal aid lawyers usually work more on a case than they will get paid for taking the case. When clients of legal aid complain that they call their lawyer all the time but they rarely hear back it is because they can’t afford to reply to every request for updates on their case or enquiry about whether they have a hearing date. If you are paying your lawyer privately they can give you more time because you are paying them for that extra time. Every time you call them they are writing down the minutes they talked to you. There are very good legal aid lawyers but they have a big case loads and can’t afford to spend the same amount of time answering any question you may have or having meetings preparing you for your testimony. If moving to Toronto when they have likely been on welfare for many months it is probably unlikely that they will be able to pay a lawyer any time soon. Findping a job and housing will be difficult enough.
Yes that's true but even if they move to Toronto there welfare will not stop expect they call the welfare the cancel it. It's true that a lot of lagal aid lawyer's are good but they are a lot of bad one's among them. Like for example when I was in Montreal I have this lagal aid lawyer that did not show up on my hearing 3 times because she forgot that I have hearing. And she always take case more than she can handle, until i find another one that replace her. And once I move and start paying her she work on my case and I get another hearing within 6 months and miraculously I won my claim. Some of those free lagal aid lawyer's don't really care because government pay them to represent you. And another thing i will add to the welfare thing is that it better for refuges to get a job as soon as possible and get off the welfare because sometimes the minister may ask you about it during your hearing they asked me about it, and I was lucky that I only received welfare for 3 months. So when I started working I make 6 time what I get in welfare so I have no reason to continue receiving welfare.
 

derin1010

Hero Member
Oct 18, 2017
385
103
50
Toronto
Yes that's true but even if they move to Toronto there welfare will not stop expect they call the welfare the cancel it. It's true that a lot of lagal aid lawyer's are good but they are a lot of bad one's among them. Like for example when I was in Montreal I have this lagal aid lawyer that did not show up on my hearing 3 times because she forgot that I have hearing. And she always take case more than she can handle, until i find another one that replace her. And once I move and start paying her she work on my case and I get another hearing within 6 months and miraculously I won my claim. Some of those free lagal aid lawyer's don't really care because government pay them to represent you. And another thing i will add to the welfare thing is that it better for refuges to get a job as soon as possible and get off the welfare because sometimes the minister may ask you about it during your hearing they asked me about it, and I was lucky that I only received welfare for 3 months. So when I started working I make 6 time what I get in welfare so I have no reason to continue receiving welfare.
Was the minister present at your hearing. (Minister intervention)?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Yes that's true but even if they move to Toronto there welfare will not stop expect they call the welfare the cancel it. It's true that a lot of lagal aid lawyer's are good but they are a lot of bad one's among them. Like for example when I was in Montreal I have this lagal aid lawyer that did not show up on my hearing 3 times because she forgot that I have hearing. And she always take case more than she can handle, until i find another one that replace her. And once I move and start paying her she work on my case and I get another hearing within 6 months and miraculously I won my claim. Some of those free lagal aid lawyer's don't really care because government pay them to represent you. And another thing i will add to the welfare thing is that it better for refuges to get a job as soon as possible and get off the welfare because sometimes the minister may ask you about it during your hearing they asked me about it, and I was lucky that I only received welfare for 3 months. So when I started working I make 6 time what I get in welfare so I have no reason to continue receiving welfare.
Legal aid lawyers are extremely overwhelmed due to the volume of cases that mostly came from Roxham road. Most could make more practicing other law. There are bad lawyers in both private and legal aid. They are forced to take more cases or refugees would be without representation. Many lawyers don’t take legal aid. Certainly you are likely to get better service If you pay, that can be said for many services. If a lawyer can bill you for a call he/she is much more likely to take the call. The hearing time is almost 100% just a coincidence.

Agree that people should get off welfare. People should work if they are able to and life is very difficult to live on when you only are receiving welfare. What I am explaining is that there is a delay between when you sign up for welfare and when you receive your money. Many don’t plan for this when moving provinces and assume there will be no break in their payment schedule between when they report they are leaving a province and welfare payments are stopped and receiving new payments from their new province. People need to save on top of their moving costs which may not be possible for those on welfare on top of being prepared to pay first and last month’s rent to secure an apartment. Finding a somewhat affordable apartment in decent condition is hard in a Toronto given the occupancy is low. That is why so many refugees are in homeless shelters.
 

luckyrefugee

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Mar 5, 2019
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Hi,

I am an asylum seeker in Montreal, arrived with my husband and son in Canada last year around May 2019 and we filed in Montreal as we have just been through so much already and it seemed like a good place to start to raise a family and we realized rents were cheaper. We just submitted the basis of claim and were assigned a legal aid lawyer but haven't yet heard anything on the hearing date.
Things got difficult when we started settling down in Montreal. We dont speak french and everything almost all communication from everywhere (be it hydro or my son's school) we receive is in french. My son was only allowed to attend a french school, the school is great but his homework is a project for my husband and I every single day. My husband has not been able to secure even a minimum wage job until now. I was lucky to find a contractual job where I didn't require a lot of french now that job has ended.
My question: Can we move our claim files to Toronto or anywhere else in an English speaking province and how to do that ? should we start looking for jobs there ? or should we speak with our lawyer first .

Any and all help will be highly appreciated - I am going out of my mind thinking of how to go about this.

Thank you
hi. I did the same and was in limbo like you and was confused with so many questions but I did it at last. Initially I moved to Toronto settled here find job rent house and admitted my kids to school and then I change my address to Toronto and my case was still in Montreal and after 1 year I got a letter for hearing in Montreal we went there for hearing. And got decision in Toronto address and we applied PR from Toronto . It’s as simple as peanuts but lots of people create it as a big deal.

montreal is cheap to live but all the above challenges for kids and job exist.

so don’t worry just move . If anything else let me know plz I would be happy to assist you .
 

mpsqra

Champion Member
Jul 6, 2017
1,100
281
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it seems to be avoiding fees, other province fees are higher for asylum/refugees
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
it seems to be avoiding fees, other province fees are higher for asylum/refugees
The biggest issue is if someone is using legal aid. If someone moved out of the province they are no longer entitled to legal aid in that province. If you are paying a private lawyer you can retain the same lawyer. If your private lawyer is in Montreal you will end up paying a lot of money for he/she to come to a hearing in Toronto. Would be much better for you, and your family if applicable, to go to Montreal or to change lawyers to a private immigration lawyer in Toronto. There is a lot more things to consider if people aren’t employed and don’t have much savings when it comes to relocating to the more expensive regions like the GTA or lower mainland.
 

mpsqra

Champion Member
Jul 6, 2017
1,100
281
Category........
QSW
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CPC Ottawa
The biggest issue is if someone is using legal aid. If someone moved out of the province they are no longer entitled to legal aid in that province. If you are paying a private lawyer you can retain the same lawyer. If your private lawyer is in Montreal you will end up paying a lot of money for he/she to come to a hearing in Toronto. Would be much better for you, and your family if applicable, to go to Montreal or to change lawyers to a private immigration lawyer in Toronto. There is a lot more things to consider if people aren’t employed and don’t have much savings when it comes to relocating to the more expensive regions like the GTA or lower mainland.
that's not the point. it is abuse of the system and don't want to learn french as minimal education.
abuse of the asylum, abuse not respecting RO, they forgot to declare, staying more than 6 months in their countries amid the virus, etc, etc
I don't understand why they become permanent resident and then move to US or another country like India for years and then ask for HC.
sorry for being rude, but those () take away the opportunities for real people needs.
bonne soirée et bonne chance
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
that's not the point. it is abuse of the system and don't want to learn french as minimal education.
abuse of the asylum, abuse not respecting RO, they forgot to declare, staying more than 6 months in their countries amid the virus, etc, etc
I don't understand why they become permanent resident and then move to US or another country like India for years and then ask for HC.
sorry for being rude, but those () take away the opportunities for real people needs.
bonne soirée et bonne chance
Not telling anyone to commit fraud. If someone is moving provinces you have to advise both IRB, welfare office, legal aid, etc. Your lawyer will find out if you have moved and so will IRB. If your goal is to get asylum any type of fraud Is definitely an extremely stupid thing to do.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Ok I understand , we would need our own lawyer in Montreal but will have to give up legal aid. That is all. I dont have to inform IRB that I want to move or anything else if the file remains in Montreal ?

Apologies for all the questions, due to Covid I am not even getting through to any other offices like IRCC or IRB. Even my lawyer has not been able to get in touch with me. Thanks for all your support.
Yes you will have to advise your lawyer and IRB as well as the welfare office if you re receiving welfare. It is pretty easy to find out that you have moved. What you are suggesting is benefit fraud and will definitely create major issues for your longterm plans in Canada. If you move to Ontario you will need to meet with legal aid in Ontario to see if you qualify and hav3 your file transferred. Same as welfare. You have to advise the office that you will be leaving Quebec and sign up for Ontario works.