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A Fresh New Start – Edelmann and Co.

First week officially in the books. I look around at my office, out at Victory Square through one clear and one not so clear glass window (there’s a story behind this – for another day, no less), I feel as if I have finally settled in.

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I am grateful to have landed in a place of compassion and learning. I love it here. From having a brilliant office manager who I can already tell is a special soul to the equally brilliant colleagues I have. Everyday is filled with discussions about the law and doing good.

This journey won’t be easy. I’m shifting from what I will readily admit to now, a “business man practicing law” to a “lawyer who happens to operate a business.” The stakes are also much higher now as is the level of knowledge and finesse required. The clients that I have started to and well be starting to see often find themselves in vulnerable places, subject to an immigration system that increasing feels turned against them. Every conversed word and every step must now be more calculated than every before – often with lives and families hanging in the balance. It is not enough to simply show a client meets the requirements of a certain permit.

Learning to push myself yet be patient at the same time will itself be a process. Beyond myself, I need to put my faith in God and those around me. My heart is ready and the mind is making it’s way there – it has to overcome.

Over the next little bit, I will revive this blog – with a little bit of law and lot of love. Like the elephant being held up by balloons that sits in my office room I hope to take the heavy burdens in stride and focus on how much support I am grateful to have.

To the mentors who helped me make this decision, I am very thankful to each and every one of you. Now – let’s get back to the grind and do it for the people.

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Looking Back at Law School…. Five Things to Think About

I realize I am writing this piece on the coattails of two of my incredible mentors who have done so earlier this year. Yet, with so many individuals asking me and emailing me about their pending decisions/LSAT woes/life choices it only make sense to address it here.

Before you start, check out the pieces of my mentors, ironically Steve and Stephen who wrote the pieces below:

1) Steve Meurrens’s very insightful look at pieces of advice for law students http://meurrensonimmigration.com/10-pieces-of-advice-before-entering-first-year/

 

2) Stephen Ngo’s fantastic piece

Alumni perspective – Steven Ngo

Both of them provide very sage advice in their piece, from – keeping open minds (Steve M) to truths on reality

Without further ado, here are five things that I would think about. You will note that I am not calling this “advice.” Advice necessarily presumes that I did something right or wrong and I have some lessons to impart because of this. I don’t believe most things in my life, anyway, to be so clearly defined. If they are, I am still searching through the dictionary on this one.

1. “What Got You Here Will Get You Out of Here” – then second-year colleague, LK

When I started law school, I had an older colleague at this time – I’ll call her “LK” who was different than all the other mentors. While most older students approached us with their war stories and exam tips, LK kind of showed that kind of quiet, confidence from afar. I remember eventually having an opportunity to chat with her. The only one real thing she said to me was – “Look, there are a lot of people who have gotten here through many different paths. Everybody learns a different way. Everybody will succeed a different way. Remember, what got you here will get you out of here.”

It was a lesson that I should have heeded earlier. My initial motivation was to pursue international law (I had applied to a Masters-IR joint program but abandoned the application at the last minute). I ended up abandoning much of the advice LK provided in pursuit of the big firm pathway. I wanted it because it was considered elite, coveted, and unknown when it fact it wasn’t aligned with who I was and what would have made more sense .

I am grateful that eventually the path led me to going back to pursue my passion for culture, people, and histories as an immigration lawyer. I am also able to advocate on behalf of those individuals who traditionally have been dis-empowered. I use this arsenal of lived experiences and past experiences every day in my work assisting new and potential immigrants.

Too many people I know abandoned elements that made them uniquely themselves. Those that did not – are pursuing (if not as a primary job) efforts in niche areas or side hustles that supplement and/or become their day jobs.

2. Law Doesn’t Kill Creativity, You Do

There’s a misnomer that law school turns everyone into robots first, a pre-evolution stage of the billable robot we later become. Looking back for me, law school was actually a time of immense creativity. I was involved and captained a volleyball called “Denning Digs Dis”, played floor hockey, spent hours observing life in a cute Korean coffee shop, and learning Indian card games.

While first-year black letter law is a required rite of passage, it is only to build the foundation of the house. Second and third year is a time for designing and sprucing the space into something more liveable. Those of my colleagues that did internships/externships, took creative opportunities starting law clubs, went on overseas internships are some of the most successful today.

For myself, taking an optional course in project management was one of those things that really made a difference I felt. I learned about an entirely new area and how it could combine itself into law. I studied what some of the Firms are doing in this regard. While I don’t use it enough (admittedly still), the idea of treating a file as a project and engaging the end-user in the process and the product were lessons that have stayed with me. I very much treat my immigration applications, especially appeals, not as a commodity to be delivered but a game plan requiring various moving pieces to align. There is so much room to be creative within a system that rewards this over just the pure time spent and billed.

Creativity is an understated part of my work. Often times the solutions I come up for clients and strategies I plan out are now presented on immigration websites or discussed openly. My creativity draws me to look at the law as not confined space but one where corners can be navigated.

3. If You Leave Law School More Humble(d), You’ve Succeeded

I was humbled by law school. Like many of you preparing to go, I got through undergrad – a few bird courses. I received some good grades. While I stumbled during the LSAT, I thought that I could write my way to some semi-decent grades.

It couldn’t be further from the truth. I realized that I struggled to synthesize large amounts of information into small principles. Looking back at my undergraduate studies that were in history, I was doing the entirely opposite thing – taking smaller concepts or unknown events and making bigger statements.

In addition to exams, I also ended up being humbled by the journey of being in a class with incredibly talented and smart individuals. There were more than a few occasions that I really had to throw cold water on my face to snap out of thinking I did not belong. This was especially true when some of my colleagues had twenty-years of professional work experiences, graduate degrees from world-class universities, and many of them had even held previous jobs as engineers and consultants with top global companies. I was a wide-eyed youngster who’s resume consisted of working front desk at sport and recreation facilities. I was a nobody but eventually I learned to embrace this as a challenge rather than a weakness.

Through the process, I learned that law was ultimately a beast that I did not tame in my three years but that it was the actual taming of the beast (process) that was the work we would be doing.

Through law I also learned to accept myself – embrace my stronger characteristics but also recognize those weaker ones. In my day to day practice today, I am still aware of these and they keep me grounded and focused. In fact, right now I would argue that the biggest plague for younger lawyers today is not having too narrow of a focus but trying to overextend themselves and grow too quick for their current capacities. The same could be said about start-up firms.

4. Understanding Power Structures, Politics, and Being a Professional Through All Of It

I was at Heenan Blaikie during the downfall. I recently had a chance to read the book written by former co-managing partner, Norm Bacal on the events.

Starting from law school, I started to realize that certain privilege was access. There were certain students who had “in’s.” Some made those “in’s” very obvious. A majority of them hid it in their day to day. I was immune to it all. I did not know any lawyers.

There is a power structure. There is a bamboo ceiling. There are politics. No matter how you want to dice it up, there will always be individuals on the outside looking in within the legal system. In law school, my reaction (admittedly a mistake) was to try and fit in. I was determined to get to a Bay Street (type) firm. I was determined to be able to chat about yachts, boat trips, and golf scores. I was determined to know which of the five forks and spoons to use, even though I grew up utilizing chopsticks.

When HB fell, the reality was the writing was on the wall for first (the students), second those lawyer’s that did not have the business case to be there, and ultimately there were a core set of individuals who made it through based on existing relationships, mentorships, and connections.

HB was a wake up call that (1) I didn’t have any connections; and (2) that I needed to start making those connections for myself.

I did not take being let go and having my articles cancelled  professionally. I struggled. I cried (I can admit this now). I had frantic calls. Looking back I overreacted. I was a self-absorbed law student who felt that I could control everything.

There are structures, power structures, politics – ultimately beyond your control. You can either let these things consume you or you can keep your head up eye – take losses like future wins, and push through.

5. A “No” Is a Pathway to a Future “Yes” – if you are Grateful for the No

Even today, I learn more from failed applications and difficult cases than I do from cases that are successful. I wish in law school I had spent more time seeking  follow-up from my exams and assignments rather than just caring about the grade.

I didn’t see it that way then but the low LSAT scores, rejected law school admissions, rejected transfer applications after first year, initial OCI rejections, and eventually the HB meltdown have all made me a more realistic lawyer.

What law firms and clients want these days is not someone who has never failed but someone who can pick up something in a very difficult situation and try your best to turn it around in a confident and resilient way. Law school will threaten to turn you from a process-based person to a solely-results based one, so you will need to do everything you can to balance the scales the other way.

Embrace the failures – embrace the lessons learned from making mistakes. These will be the toolkit for your tomorrow.

Finally, a bonus piece to consider….. I remember a fellow student sent me this back in the day. The firm (not HB) no longer […]

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The Little Things that Send Back Spousals – Advice Blog

The December 2016 changes to the spousal sponsorship process has (to-date) served as a double-edge sword. While applications for many have sped up, for others, the process has turned into a nightmare. There have been increased cases of applications having be returned back to sender – for failing to meet the strict requirements of a complete application.

Regulation 10 of the Immigration and Refugee Protection Regulations (“IRPR”) governs when an application is complete:

Form and content of application
  • (1) Subject to paragraphs 28(b) to (d) and 139(1)(b), an application under these Regulations shall

    • (a) be made in writing using the form, if any, provided by the Department or, in the case of an application for a declaration of relief under subsection 42.1(1) of the Act, by the Canada Border Services Agency;

    • (b) be signed by the applicant;

    • (c) include all information and documents required by these Regulations, as well as any other evidence required by the Act;

    • (d) be accompanied by evidence of payment of the applicable fee, if any, set out in these Regulations; and

    • (e) if there is an accompanying spouse or common-law partner, identify who is the principal applicant and who is the accompanying spouse or common-law partner.

IRCC has taken a rather narrower and stricter approach in determining when an application should be sent back. It appears that where documents or content is not in-line with their instructions (regardless of whether defined in IRPR or IRPA there is a good chance the application is being returned.

The consequences of a return are heavy – it could mean loss of status (where one is basing their work permit extension on an in-Canada Spousal). At the best it’s a loss of a few months and at the worst it could lead to enforcement action if no steps are taken in time to remedy the mistakes.

In a sense, after ATIPing to learn one of the impetuses behind the changes I am not surprised. The following are excerpts from some of those ATIPs where directives were provided to IRCC officers at Case Processing Center – Mississauga (the office responsible for intake):

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Top Issues Noticed (with Some Input from Immigration and Other Practitioners)

Recently on the Immigration Listserve there has been increasing outrage from representatives (expressed on their on files and on behalf of self-reps) on the return of applications. IRCC has acknowledged that some are returned in error. However, there are some issues that are not errors that will lead to return that should be carefully looked at:

 

  1. Providing a document issued by CRA as proof of Sponsor’s employment and if (not available) a letter in lieu – where something is missing or unavailable (for example self-employed) – it is not enough just to write n/a on the checklist and omit.
  2. Record of solemnization – this is not a legal marriage certificate. neither is any other hand-drafted document (such as a license) – wait for the official/legal certificate;
  3. Birth Certificate (particularly for dependent children) – while many countries don’t have proper processes or records – this must be explained. In general, a medical certificate must be provided.
  4. Missing postal codes or North American addresses – be complete, and don’t be sloppy in putting incomplete information
  5. Missing signatures or improper digital signatures – for spousals original signatures are required. Don’t forget to date and as a rep don’t backdate or future date.
  6. Explanations hidden in lengthy submission letter – if it is a very important explanation consider adding it in two locations – both where it arises and maybe flagged in the submission letter.
  7. Incorrect fee payment or missing receipt – double check how much needs to be paid and review instruction guide for this information. Perhaps even flag the fee payment form with a tab in the event it is missed in a thick package;
  8. Have the rep sign the Use of Rep – if you are paying a representative who is asking you to sign your own forms and pay them money and not disclose them – not only is this possible misrep but you may run against the completeness requirement of 10.2(c.4)
Required information

(2) The application shall, unless otherwise provided by these Regulations,

  • (a) contain the name, birth date, address, nationality and immigration status of the applicant and of all family members of the applicant, whether accompanying or not, and a statement whether the applicant or any of the family members is the spouse, common-law partner or conjugal partner of another person;

  • (b) indicate whether they are applying for a visa, permit or authorization;

  • (c) indicate the class prescribed by these Regulations for which the application is made;

  • (c.1) if the applicant is represented in connection with the application, include the name, postal address and telephone number, and fax number and electronic mail address, if any, of any person or entity — or a person acting on its behalf — representing the applicant;

  • (c.2) if the applicant is represented, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the name of the body of which the person is a member and their membership identification number;

  • (c.3) if the applicant has been advised, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the information referred to in paragraphs (c.1) and (c.2) with respect to that person;

  • (c.4) if the applicant has been advised, for consideration in connection with the application, by an entity — or a person acting on its behalf — referred to in subsection 91(4) of the Act, include the information referred to in paragraph (c.1) with respect to that entity or person; and

  • (d) include a declaration that the information provided is complete and accurate.

A final mistake i see many self-reps make is in trying to present their application too cute: multiple envelopes, binders, staples and paper clips. We keep it very simple here. Generally one rubberband and if required separate rubberbands to separate packages. The more obstacles you give the processing officer at IRCC the more likely they will be frustrated and (1) look for problems and reasons to return; or (2) actually lose a document in the process which may lead the application to be improperly returned.

Finally – scan everything for yourself AND make a physical copy so you can have something to fall-back on.

Hope this helps.

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About Us
Will Tao is an Award-Winning Canadian Immigration and Refugee Lawyer, Writer, and Policy Advisor based in Vancouver. Vancouver Immigration Blog is a public legal resource and social commentary.

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