Slide Welcome to Vancouver’s Immigration Blog Practicing exclusively in the field of Canadian Immigration Law, I started Vancouver Immigration Law Blog to provide community resources and community support to those navigating Canada’s complicated immigration system. I am the Principal/Owner of Heron Law Offices, a boutique immigration and refugee law firm based in Vancouver and Burnaby, British Columbia. LEARN MORE Slide Visit My Firm Website - Heron Law Offices LEARN MORE Slide Follow Our Advocacy, Research, and Education Activities at Arenous Foundation LEARN MORE

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#MorethanaLabel: Immigrant Stories

MoreThanALabel Logo

I am participating in #MoreThanALabel: Immigrant Stories, Simmons College’s online MSW Program’s campaign to promote transcending labels. By participating in this campaign, I will be sharing my story and how I believe we can shatter the stigmas often attributed to immigrant communities.

I am a Second-Generation Chinese-Canadian, an Immigration Lawyer and Mentor. I believe that to combat labels and stigmas and to create more immigrant pride, we need more spaces and forums to share our stories. Here is mine.

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[Now I am going to break the requirements a little and write more about this topic. I hope the Simmons College organizers will forgive me a little given ‘breaking the norm’ appears to be theme of this campaign.]

Why I Am Participating In This Campaign

I was invited by Simmons College, through a very kind message by Community Manager at Simmons College, Megan Dottermusch, to contribute their #MoreThanALabel campaign. Asides from my belief that social work is such a valuable, yet largely underappreciated profession, I also found the question they are asking about immigration quite engaging and useful.

“How are immigrants currently combating labels and stigmas, and what can we do more to promote immigrant pride?”

While I am not an immigrant to Canada, by virtue of being born here, my life is very much intertwined with immigrants. I am the product of first-generation Canadian immigrants from China. I will be very likely be married to an immigrant. I work with immigrants every day. Immigrants from China, India, Iran, Guyana, and Trinidad and Tobago are, quite literally, my best friends.

In my opinion, the only way to combat labels and stigmas surrounding immigrants is to overpower the labels and stigmas by telling our stories, teaching our cultural lessons, and embracing our similarities and differences.

Experiences from My Work

In my role as both a Canadian immigration lawyer and career mentor to several new Canadian immigrants, I have had to assist my clients and mentees in navigating the broad spectrum of labels and stigmas unfairly assigned to them. I have walked immigrants through the process of presenting their cultural marriages and untraditional love stories into sponsorship applications and appeals. I have worked with foreign-trained lawyers looking for ways to transition their credentials and tackle the issue of ‘over qualification’ for entry-level Canadian jobs. In the process, I have seen and heard immigrants labeled as uneducated, liars, burdens on society, criminals, and animals (among others).

I have come to realize that the reason I defend immigrants so vigorously against these labels and stigmas are that I too faced similar labels and stigmas growing up in Vancouver, as a second-generation Canadian.

My Experience Growing Up

My awareness of labels and stereotypes began in my youth. Early on in my elementary school days, I found myself being not so randomly selected, during the first day of many of my school years, for participation in English Language Assistance Classes (LAC, as it was fondly called). I was never assessed for proficiency, rather assumed to be struggling simply for being Chinese. I never lasted more than two weeks in the group but every year I’d be selected like a roster player sent to the minor leagues. Ironically, from then on, English became my strongest subject, although at the unwarranted cost of losing and abandoning much of my Mandarin.

In secondary school, my excitement to eat home-cooked Chinese lunches thoughtfully prepared by my parents was ruined by the stigma from classmates that I was again eating their pet animal. I laughed aloud at their biological organ-related jokes, but truthfully their insults hurt. I was always worried that classmates would label me a FOB (Fresh off the Boat) and not one of them.

I remember also feeling stigmatized at that time for not having a stay-at-home parent who could volunteer and sell flowers to raise money for the school. Having two working class immigrant parents was not the norm in my more affluent program. Teachers probably thought I was “lazy” for not trying but truthfully there was not one well-off family friend or businessman I could call to try and fundraise. I felt embarrassed every year.

I also struggled internally handling the labels thrown at me by friends, teachers, and parents. For one, I was always more interested in hip-hop music and poetry rather than math, physics, and cars. More than a few people told me I was on a “criminal” path pursuing “black people culture” that was not suited for a person of my Chinese background.

In my second year of University, I finally decided to accept and embrace my Chinese cultural heritage, pursuing language studies in Mandarin and focusing my academic focus on Chinese-Canadian migration history. In these early advocacy days, I saw and dealt with several (mostly non-ethnic) community individuals who dismissed my efforts. They saw me as being too vocal for a Chinese boy and too young to be sharing such poignant opinions. I could tell that to many, by virtue of being second-generation Canadian, I was not Canadian enough to deserve a voice or forum.

Today, in the practice of law, I continue to see colleagues of ethnic-descent struggle to find opportunity or to advance their careers. I live in a country that has elected few immigrants to positions of major influence in the executive or judiciary level. Even fewer are women of non-European ethnic descent.

Personally, I cannot count how many times I have been asked if I am interpreter or consultant rather than a lawyer. In one memorable incident leaving work in my business suit, a woman ran to her car across the block and thought my briefcase was a ticketing machine. In another incident two years back, a female Asian colleague and I were met in Downtown Vancouver with the “F-word” and “Chank” in the same drive-by insult. I am not going to chalk all these incidents up to labels and stigmas, but I am sure at the very least preconceived notions based on visual perception played a huge role.

 Reflections on My Responsibility

I am consciously aware that by virtue of now being a lawyer, I have a privilege that not many immigrants have, of being able to defend myself of unfairly assigned labels and stigmas. I believe that translates to a corresponding responsibility to guide, educate, and defend those without the ability to respond.

Unfortunately, newer immigrants without language skills and without financial resources are the most victimized by society – by strict laws enforcing the will of the majority, by abusive employers seeking to profit of suffering, and generally by the haves of society. Yet rather than being presented as victims, they are presented as the “illegals” and “wrongdoers.”

Our collective responsibility is to speak out when this type of injustice occurs, not fearing the personal consequences to us of speaking out, and not failing to speak out even when the consequences aren’t always personal. For me, the #MorethanaLabel campaign is about challenging the statistics, the media, and the popular opinion when unwarranted positions are being tenured against our immigrant communities and, by extension, our families.

Truthfully told, many labels and stigmas, redefined, are actually some of the traits and characteristics immigrants should be most proud of. Yes, we can be silent because it is often because we are busy quietly analyzing things from more-holistic view. We can be overly private and anti-social but only because we are busy taking care of our families and loved ones. Yes we are overly hardworking because several generations of individuals, often oceans apart, rely on our end product.

Finally, to conclude, I will dedicate this paragraph to my American friends. I understand that you are currently in the process of contemplating some major reforms that will make enforcement measures stronger against undocumented immigrants and may lead to increased deportations. I ask you to be conscious and aware of the labels and stigmas that may underlie these pending changes. I ask you to constantly question whether immigration legislation that is aimed at protecting the integrity of the system and punish international criminals and terrorists may have the unintended consequence of tearing up innocent families and punishing innocent mistakes by innocent applicants. I ask you to not blindly buy into the assumption that the immigrant family of five living on welfare next door is a burden on your family’s access to health care and education. Rather have faith in their potential to be as the next group of doctors, engineers, social workers, and artists that can make your children’s lives collectively more cultured, happy, and healthy.

We are more than the stigmas assigned to us. We are more than labels placed on us. We are part of your family as you are part of ours. We are all immigrants.

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The Problem with the ‘Actively Pursuing Studies’ Study Permit Condition

IMG_20150909_092758Back in one particular undergraduate semester, I will admit that I had a tiny bit of a skipping problem. It was a problem of the academically inconsequential kind. I knew that by virtue of taking certain courses, with only term paper requirements, that I could free up that one course time to pursue my other research, write papers, and organize projects. Arguably had I filled my course schedule with all of the toughest courses at the worst 8am times, I would not have made it to where I am today.

One of the courses in particular was an European History of Economics class that I managed to make approximately three classes for. The first class to the get the syllabus, the second class to hand in my term paper, and the third class to attend the final exam preparation session. I was able to self-read and self-teach my way to an A (not that proud of it looking back).

For an international student, that luxury as of June 2014 no longer exists.

Speaking from my recent experiences with CBSA (an ongoing matter so I will go into no specific detail on it), I know that officers are now armed with an incredibly thick binder of information on each student. They have access to school policies, attendance records, late records, and transcripts. This is in addition to the school’s own requirement to report student progress.

All of this is in relation to the following legislative requirement that was introduced to the study permit changes in June 2014. 

Section 220.1 of the Immigration and Refugee Protection Regulations (IRPR) now reads (emphasis added):

Conditions — study permit holder

220.1 (1) The holder of a study permit in Canada is subject to the following conditions:

  • (a) they shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies; and

  • (b) they shall actively pursue their course or program of study.

Individuals found in violation of this provision can be hit with an exclusion order on the basis of subsection 41(a) of the Immigration and Refugee Act  (IRPA) for non-compliance based on the requirement of subsection 29(2) of the act which requires that a temporary resident comply with any condtiion imposed under IRPA or IRPR. This type of removal is also a Specific Removal Order pursuant to subsection 228(c)(v) of IRPR which does not require referral to the  matter of the Immigration Division for an inadmissibility hearing. The decision is essentially made by the Minister’s Delegate at the conclusion of his review with the Applicant (and counsel should he/she obtain one).

Worse yet, is that by operation of s.229(1) and s.229(3)(b) a combination of two inadmissibilities can be lead to a deportation order. A deportation order is a permanent bar on returning to Canada, unless authorized by the Minister.

s.229(3)(b) states (emphasis added):

Exception

(3) The applicable removal order in the circumstances set out in paragraph (1)(f), (g), (h), (j), (l) or (n) is a deportation order if the person

  • (a) was previously subject to a removal order and they are inadmissible on the same grounds as in that order;

  • (b) has failed to comply with any condition or obligation imposed under the Act or the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, unless the failure is the basis for the removal order; or

  • (c) has been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment or of two offences under any Act of Parliament not arising out of a single occurrence, unless the conviction or convictions are the grounds for the removal order.

1(f) covers inadmissibility on health grounds, 1(g) covers inadmissibility for financial reasons, 1(h) covers misrepresentation, and 1(g) failing to appear for examination.

Why this condition is problematic?

First of all, it must be accepted that this provision does serve a purpose. Individuals who come to Canada on study permits but do not study or are simply buying time to try and obtain other permits harm the integrity of the system and arguably take away opportunities for other Canadians.

However, the condition is, on its face, very subjective. It does not specify what level of attendance is required, how many absences or skipped dates can be submitted, or provide a legislated ground for the Applicant to be exempt from the requirements due to certain personal events. For different programs, such as field-based Masters or pHD work, where the study path is not so clear and research breaks are often part of the overall process, the ‘actively pursuing’ requirement adds a layer of uncertainly.

I think that at the very least the provision requires an oral hearing (much like in the case of most misrepresentation). This is a factual inquiry, specific to each school’s policies, requirements, and the overall study program of the student.

For example, I could have easily been found to be not actively pursuing studies by virtue of skipping my Economics class, but by virtue of the result and my overall program I certainly was actively pursuing studies. The legislation states “course” or “program” which makes the application very broad.

Finally, I also find the combinations that can lead to deportation quite troubling. While misrepresentation and failure to appear, combined with a not-actively pursuing studies finding, makes some sense. In the case of financial or health inadmissibility, which itself may be-correlated with the inability to actively pursue studies, a deportation order seems particularly harsh.

My Overall Recommendation to International Students

Go to Class. With the current rules and regulations, it is probably not the best idea to try and plan class-time day excursions or trips with your Canadian boyfriend to Europe during scheduled course time.

I had a good after-hearing discussion with a particularly helpful CBSA Hearings Officer on this issue. From their perspective, it is about the international student constantly updating CIC on decisions such as withdrawing from one institution to attend another or taking certain leave of absences.

I would go a step further and argue this is a tripartite relationship. If I were an international student I would ask the school as much as possible to keep you informed as to the type of notes on your record. For example, should you have permission to take a leave, this leave needs to communicated appropriately not only to professors but to the administrators in charge of providing this information to CIC. Any information gap could lead to negative consequences.

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Quick Updates: NCM Article + Ongoing Projects + Thoughts on Aylan

Syrian boy

Hi VIB Friends!

It has been a good minute since I last posted and not for a lack of topics to post about. Just today, we have arguably seen Canadian immigration law thrust back in the forefront of the political agenda through the tragic news of little three year-old Aylan Kurdi, his sibling, and his mother drowning while trying to leave Turkey.  I will share my brief thoughts on that later.

Vancouver-based #NoOneisIllegal (NOII) launched their very well-designed site/project, http://www.neverhome.ca which has been accused by former Minister of Canadian Immigration and current Minister of Defence, Jason Kenney of being a “fringe anarchist group.”

Even with immigration legislation being paused by the pending October election, the week to week always brings new updates

But before that, here are some quick updates on my past week.

NCM Article

Marriage Fraud Article

As many of you know I wrote this piece in response to a Toronto Sun article that I felt quite unnecessarily and inappropriately threw foreign national spouses under the bus for marriage fraud perpetrated by Canadians. I also suggested other root causes. My piece can be found here.

Outside of the article itself, I felt that I was able to engage many foreign national spouses who felt that their narrative was not being adequately represented in this piece – trying to use a ‘bad apple’ example to paint the entire orchid rotten.

I understand that several foreign national spouses who currently are in the process of sponsorship may be working to write a response piece that highlight their true day-to-day struggles – uncertain processing times, inability to work and study, and obtain the respect and acceptance necessary to establish their lives in Canada.

Ongoing Projects

First on the work end, I have been working on new “fringe areas” of the law including vehicle importation and passport revocation. The passport revocation case that I have ongoing I am particularly proud of because it is the first in the office and an area of law I believe will continue to increase thanks to recent amendments and Bill C51. See Canadian Passport Order legislation.
On the freelance/writing side, I am working on a new piece regarding technology and immigration law for Kabuk Law. It should be quite an interesting read and I think it will really play off the current focus of the Canadian Bar Association with respect to increasing accessibility of law and justice through technology and adapting to pending change.

I also received a really kind email from a blog follower in the United States. I can’t talk about all the details yet, as I want to understand it first, but it sounds super exciting. Thank you to the individual who emailed me for making my day!

Finally, I am working on some exciting ideas to launch my business immigration practice. I have been quite busy with my litigation/refusals practice but I was recently inspired by a close law school friend to look more into the area. I hope to liaise with more of the experts in the field as I begin trying to build a base. Exciting, scary, but necessary to stay competitive in the immigration law business.

Outside of Work

Some of you may know that on a personal level I am going through quite an emotionally challenging time. My father is quite ill and this has forced me to rethink a lot about work, life, and family. I joke, sadistically, that I have now been employed as a part-time dishwasher. I have had to step back a little on some of my commitments with organizations that I care a lot about. I also have taken up meditating, although this week has been increasingly difficult. I really thank Jeena Cho, a lawyer based out of San Francisco, for inspiring me along that route. Check out her podcast here on Soundcloud. She also has links on Itunes and other apps.

On this front – and I apologize for sounding like a broken record in recent posts. Family always comes first. Health of family would be the first of first. Time is too precious to spend worrying about your own career success/failure and I think even on a work end – clients respect and appreciate when you approach business with a family-oriented perspective.

On a more positive note, my girlfriend/fiancee to be is making her first trip to Canada in mid-September. I am very excited to show her our future home and begin planning for my future extended family.

On Aylan

I am absolutely devasted by the news of Aylan. The images of his lifeless body washed up on the shore stirred up strong emotions. Apparently, he may not have been included in the initial refugee claim that was refused by Canada but the case has definitely began a much needed dialogue.

Again, as I have discussed in an earlier NCM post on the topic, there needs to be some caution in reporting news. Perhaps we all (myself included) unfairly placed blame before even verifying the facts. I’m going to give it a little more time before commenting further on his particular case.

Yet the fact still exists that we need to do more. Canada, as a bastion of global humanitarianism, of human rights, needs to do more. The numbers of refugees we have currently resettled from Iraq and Syria are not sufficient given our capacity. Politics aside, this is time for us to hold up the values that we stand on as Canadians. Yes, it is a recession. Yes, essential service for Canadians, have taken a cut in recent years. But to stand on the sidelines we will never be forgiven for, by whoever the higher power may be.

As we head into the long weekend (I am attending my law school big sister’s wedding, with law school little sister in tow), I wish everybody the best. Love and health. Always.

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Why is Express Entry So Tough on International Students?

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A common theme of many of my recent consultations has been the challenge many international students are experiencing as a result of Express Entry. I am finding more and more second and third-year international students asking me about best practices in planning their paths to permanent residency.

There are several reasons why this path is so difficult

1.  Meeting Basic Economic Immigration Program Requirements Tough for Many International Students

First, just to meet the basic requirement of either the Canadian Experience Class or the Federal Skilled Worker a year of skilled experience (at a NOC 0, A, B level) is required.

For the Canadian Experience Class (CEC), that work experience must consist of one year obtained within the past three years and cannot include work experience obtained while on a study permit (e.g. as a co-op student or during scheduled breaks). It also excludes time working as a contractor, an economic model growing increasingly popular for its Canadian tax-benefits to employers during the economic crisis. For newly graduated international students, who can be granted no more than three-year post-graduate work permits, obtaining that one-year of skilled work experience can be a tall order.

For the Federal Skilled Worker (FSW) Program, the one-year of skilled work experience can be in the past ten years, but that work experience has to have been continuous over a period of a year. Many international students have had to balance work and school, many taking part-time jobs that are not considered continuous under the FSW program requirements

2.  Express Entry Does Not Award International Students Favourable Points

Second, many of the points that are awarded for Express Entry that bring individuals over the threshold are awarded for language and work experience (or a combination of both). For example, under the skill transferability factors in part C for the Comprehensive Ranking Score (“CRS”) criteria, two or more years of Canadian work experience, two or more years of foreign work experiences, or CLB 9+ can double CRS scores in this caregory. Again, work experience is difficult to come by for young individuals and many international students (particularly from non-English speaking jurisdictions) may find it difficult to obtain the CLB 9+ that boost CRS scores

3.  Employers Will Be Hesitant to Pursue LMIAs for Skilled International Graduates

Third, Labour Market Impact Assessments (LMIA) for newly-minted international graduates are difficult to obtain. Holding a valid LMIA for a skilled position awards an Express Entry applicant 600 points and, as of this current date, guarantees them an invitation to apply for permanent residency. Many individuals after the expiry of a three-year work permit find that they require to obtain LMIAs in order to get a work permit that will allow them to work beyond their PGWP.

Unfortunately for them, in most circumstances employers will have to advertise the position to demonstrate that another Canadian cannot fill an international student’s shoes and do not possess equivalent qualifications. In this difficult job market, most non-managerial skilled positions will attract multiple candidates, many of whom are equally, if not, more qualified than the Canadian. Unless the candidate has a unique profile (that can’t include a third language in most cases, as a third language cannot be a job requirement unless it is mandatory for the position), it will be difficult to prove.

Finally, with CIC’s new employer compliance system which subjects Employers to sever administrative monetary penalties that can range up to the millions of dollars, the cost benefit of hiring an international student may not justify the associated compliance cost

4.  Many Skilled Worker PNP Programs Require “Several Years of Work Experience.”

In British Columbia, the BC Provincial Nomination Program Express Entry category, requires that an applicant have several years of related experience in the occupation. More recently, the BC PNP has come down more firmly on the requirement that several years is equivalent to at least two years. The challenge here is most International Graduates are given maximum three-year work permits. This essentially requires them to have two years of skilled experience in that particular NOC occupation. International students who start in entry level, low-skilled positions, such as bank tellers and customer service representatives will find this very difficult to achieve.

 Potential Tips for International Students

Unfortunately for international students, many of those looking for permanent residency two years into their post-graduate work permit will be limited to skilled worker categories. Individuals should begin planning their educational and work paths right away.

For example provincial nomination programs designed for international graduates become have become more important in today’s Express Entry environment. Here in British Columbia, the International Graduates Program (as of the date of this piece) is currently available only through Express Entry. Importantly, eligibility for this program requires applying within two-years of graduation.

While having to meet Express Entry requirements is a challenge, as described earlier, the 600 points provided by the nomination would counteract the low score issues.

Finally, the idea of pursuing further graduate studies prior to obtaining a PGWP may be more attractive. Further studies allow an individual to gain a key qualification that may differentiate them if a LMIA is required. It also may open up other options including post-graduate immigration streams, fellowships, and various professional positions under trade agreements, that could provide the crucial work permit required to get the necessary skilled work experience.

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My Value Proposition

My Canadian immigration/refugee legal practice is based on trust, honesty, hard-work, and communication. I don’t work for you. I work with you.

You know your story best, I help frame it and deal with the deeper workings of the system that you may not understand. I hope to educate you as we work together and empower you.

I aim for that moment in every matter, big or small, when a client tells me that I have become like family to them. This is why I do what I do.

I am a social justice advocate and a BIPOC. I stand with brothers and sisters in the LGBTQ2+ and Indigenous communities. I don’t discriminate based on the income-level of my clients – and open my doors to all. I understand the positions of relative privilege I come from and wish to never impose them on you. At the same time, I also come from vulnerability and can relate to your vulnerable experiences.

I am a fierce proponent of diversity and equality. I want to challenge the racist/prejudiced institutions that still underlie our Canadian democracy and still simmer in deep-ceded mistrusts between cultural communities. I want to shatter those barriers for the next generation – our kids.

I come from humble roots, the product of immigrant parents with an immigrant spouse. I know that my birth in this country does not entitle me to anything here. I am a settler on First Nations land. Reconciliation is not something we can stick on our chests but something we need to open our hearts to. It involves acknowledging wrongdoing for the past but an optimistic hope for the future.

I love my job! I get to help people for a living through some of their most difficult and life-altering times. I am grateful for my work and for my every client.

Awards & Recognition

Canadian Bar Association Founders' Award 2020

Best Canadian Law Blog and Commentary 2019

Best New Canadian Law Blog 2015

Best Lawyers Listed 2019-2021

2023 Clawbies Canadian Law Blog Awards Hall of Fame Inductee

Best Canadian Law Blog and Commentary 2021

Canadian Bar Association Founders' Award 2020

Best Canadian Law Blog and Commentary 2019

Best New Canadian Law Blog 2015

Best Lawyers Listed 2019-2021