RHYME & REASON

Filipiniana News  –  March 2008 RHYME & REASON As an immigrant and foreign-trained professional, it only seemed logical that I gravitated towards the practice of immigration law.   This is not to say that immigrants and foreign-trained professionals do not have other skills and interests;  I just felt that my personal journey and struggles encountered in the process of migrating to Canada furthered my passion and determination to assist others in this oftentimes tricky and complicated area of law. The process of applying to migrate to Canada appears to be a rather simple and manageable one.  The comprehensive Citizenship and Immigration Canada (CIC) website with all the necessary forms, guides and manuals detailing the application process, allows practically anyone who can read and understand English to prepare an immigration application package.   In fact, the CIC website emphasizes that hiring a lawyer or consultant is not requir...

Filipiniana News – February 2008 RHYME & REASON Last month, I wrote on family sponsorship in general.  In this column, I would like to deal more specifically with sponsorship of spouses/partners in particular, due to the increasing number of inquiries received on this topic. Despite the notoriously slow processing times for immigration applications, it is refreshing news when one hears of spousal sponsorship applications being approved in just a few months, as I did recently for one of my clients.   It somehow reaffirms one’s faith in a system where frustrating delays are the norm rather than the exception.  However, the downside of this is that some unscrupulous individuals try to take advantage of the quick processing times by entering into marriages of convenience (i.e. those entered into solely for immigration purposes) as a faster way of obtaining permanent resident status.  Aside from being illegal, this could seriously lead to more pro...

Filipiniana News – January 2008 RHYME & REASON   Family reunification is among the pillars of Canadian immigration.  This is the principle upon which the provisions for sponsoring family members is based.  As a result, CIC allows the sponsorship of spouses, common law partners, children, parents, grandparents and other relatives (in certain exceptional circumstances), as a means of obtaining permanent resident status in Canada.   Applications to sponsor spouses, common law or conjugal partners and dependent children are given top priority such that these could take only a few months to process as contrasted to the several years that it takes for other types of sponsorships and permanent resident applications to be finalized.   (For instance, a family class application to sponsor parents from the Philippines is currently taking three to fours years to process.)  If the submission package is complete and is able to address all the ...

Although it contains not much surprising bit of news, the recent release of relevant 2006 census data on Filipinos in Canada is causing some stir within the community. If you have not already heard or read about it,   2006 census data again confirmed that Filipinos comprise not only the third largest source of immigrants to Canada but also the third largest group of visible minorities, next to China and India.    It has been noted in the past that we are also among the fastest growing group, with a rise of 35% from 1996 to 2001 when the overall population growth of Canada during the same period was only 4%.   Various statistical surveys have also shown that Filipinos in Canada are among the most highly educated, with a great majority possessing at least a high school diploma and about a third with a bachelor’s degree or higher.   In comparison, only about 15% of the Canadian population have obtained a college or university degree.   Census data...

November is a month of mourning for the dead, praying for souls, remembering and thanking those who fought to regain the freedom we are enjoying today.   On these occasions, it is most fitting to recall at least two recent deaths of Filipinas which were especially poignant owing to the systemic injustices that led to their fate.   The first was the recent death of Jocelyn Dulnuan, a live-in caregiver found dead at her employer’s house in Mississauga.   The second is the suicide of Mariannet Amper in Davao City, a 12-year old girl who decided to end her life because of poverty. Ms. Dulnuan came to Canada to work under the Live-in Caregiver Program (LCP).   This program requires that the caregiver work full time within the employer’s home for two years within three years of arrival in Canada, to become eligible for permanent resident status.    This sounds simple enough that many who wish to migrate to Canada take this option instead of waiting...

Many of us must have heard about a recent D e sperate Housewives episode where the character played by Teri Hatcher denigrated Philippine medical doctors by asking, “Can I see his diploma, just to make sure it did not come from some med school in the Philippines?” or words to that effect.  This caused a major uproar among Filipinos, including those living abroad, which then led to the issuance of an apology by the producers of this very popular television show. The knee-jerk reaction from the Filipino community is quite understandable, considering the fact that numerous Philippine medical school graduates have excelled and continue to excel in their fields in various parts of the world, including the United States.   Therefore, this act of belittling the quality of medical education in the Philippines is extremely offensive and undeserved.    Beyond the knee-jerk reaction however, this incident should also remind us that racial stereotyping is a deeply embedded...

As in most everything else, achieving a good and satisfying relationship involves a two-way process.   The same applies in choosing and eventually working with a lawyer or legal consultant.  If you are thinking of consulting with or retaining a lawyer’s services, here are a few tips that could hopefully make the experience a positive one.  Since I obviously cannot speak for all lawyers or legal consultants, the suggestions below are mainly based on my own limited experience. First of all, your choice of a lawyer or consultant should not be driven solely by financial considerations.   That is, do not choose a lawyer   or consultant solely because he or she charges the lowest fees.   Conversely, the fact that a lawyer or consultant charges the highest rate does not necessarily translate into the best   services.   As clients, we need to understand that lawyers’ or consultants’ fees are driven by various considerations.   These includ...