This can be a continuation of Translation of paperwork for immigration to Canada: Half 1
Unacceptable affidavits and declarations
Accuracy of translated paperwork
Ought to the accuracy of the interpretation seem suspicious, IRCC reserves the proper to request a retranslation by a special translator. Nevertheless, because of the poor accuracy of a translated doc, your complete file would possibly lose credibility. Due to this fact, the counsel ought to learn all of the translations and request the interpretation to be amended, or use the providers of one other translator.
Primarily based on my expertise, it’s extremely beneficial that paperwork be translated by translators residing in Canada, besides ID paperwork equivalent to beginning or marriage certificates.
Expiry of translated paperwork
A translation ought to be legitimate indefinitely until the supply doc has modified or has expired. The one time the interpretation would expire and a brand new translation could be required is that if the unique doc has expired or modified and the applicant submits a brand new one.
Purposes submitted with out translations
Candidates who submit required paperwork with out accompanying translations may have their utility returned as incomplete or refused, as immigration officers are usually not obligated to contemplate paperwork written in a language apart from the state languages of Canada – English or French.
This reality is illustrated in 2017 FC 1105 (CanLII) I Gonzalez Zuluaga v. Canada (Citizenship and Immigration), whereby the Honourable Mr. Justice Martineau indicated that
[ 11] …the officer was entitled to not take into account the property titles written in Spanish. In truth, the tremendous visa utility information clearly signifies that paperwork in a international language have to be translated into certainly one of Canada’s official languages.
The Case of Hasan Gorgulu and classes to be discovered
The case of Hasan Gorgulu is a worthwhile instance of why it is very important guarantee absolutely the accuracy of the interpretation of international paperwork. Mr. Gorgulu’s case was introduced earlier than Federal Courts in January 2023. Gorgulu, a citizen of Turkey, utilized for a pre-removal threat evaluation (PRRA) to IRCC. Nevertheless, though he supplied copies of those paperwork translated into English, they weren’t licensed. Due to this fact, Gorgulu’s utility was refused as a result of the IRCC officer acknowledged that the English paperwork weren’t “licensed to be correct by the translator”.
Any paperwork submitted in a non-official language have to be accompanied by an official language translation, full with a translator’s declaration. The Information additionally states that paperwork submitted solely in non-official languages won’t be thought of, because the federal courtroom states that IRCC personnel can’t be required to know paperwork written in non-official languages, as a result of IRCC personnel will be unable to evaluate the data within the doc written in a international language, and after all of the state languages of Canada are English and French.
One other attention-grabbing case to learn is Wang v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 8576 (FC).
Failing to supply a whole, correct and authorized translation of foreign-language paperwork into English or French can have dire penalties for an immigration utility.
The ultimate complicated challenge is between “an authorized or notarized doc” and “an authorized translation.”
A licensed or a notarized doc implies that a notary public states this can be a true copy of the unique doc.
A licensed translation implies that the interpretation is finished by knowledgeable translator, not an individual himself.
I belief that the introduced elements will permit you to keep away from having your paperwork translated a number of occasions and spare you from frustration, stress and waste of money and time when getting ready a Canadian immigration utility. All the time be certain to rent the proper translator.
In case you have any questions or want additional clarification relating to your utility, don’t hesitate to e book a web based session.