As the activities of the OBA Citizenship and Immigration Section are in full swing, it is time to learn more about those you have elected. It is most appropriate to start with Sarah Fagan, our chair of the 2018-2019 Executive. Read on to learn more about Sarah’s practice, her experiences, and her motivations for serving on the OBA Citizenship and Immigration Section Executive.
Tell us a little about yourself.
I am an immigrant to Canada, and the eldest of three girls. I was a newly qualified Irish solicitor when I moved to Canada from Ireland in April 2009. Ireland was in the depths of the financial crisis at the time and, as a result, jobs for newly qualified solicitors (and in all sectors generally) were few and far between. I had a one-year IEC working holiday work permit, and my plan was to take a year, spending the summer in Toronto and then heading out west to spend the winter on the slopes in Whistler, in the hope that things would improve back in Ireland during that time. I never could have imagined that my life would change as much as it has as a result of that decision.
I quickly experienced first hand how difficult it is to secure employment as a foreign national with no Canadian work experience, as I submitted more than 150 résumés around the city before securing a job as a server at a breakfast restaurant (which vastly improved my knowledge of the many ways Canadians like their eggs!).
I subsequently secured short term employment as a legal secretary at a Bay Street law firm in its corporate law department. As a result, I decided that I was going to remain in Toronto, which is a city that I have loved since I arrived here. I later transitioned internally to a role as a clerk with an immigration lawyer in the same firm, which was my introduction to immigration law.
From there, I went through the process of trying to extend my work permit, which resulted in two failed LMOs and then a provincial nomination. That was a great way to learn a lot about both of those processes, even if it felt pretty trying at the time! I then embarked on the process of becoming accredited to practice in Ontario, swore my allegiance to the Queen a couple of times, and became a proud Canadian citizen and Ontario lawyer.
Tell us a little about your practice/business.
I am an associate at Rekai LLP, a boutique corporate immigration law firm. I assist small, mid-size and large businesses, including start-ups, with all of their immigration needs. This typically involves hiring foreign nationals and securing status documents for their accompanying family members, and advising on and assisting with all related matters ranging from employer compliance to criminal or medical inadmissibility issues to transitioning those individuals to permanent residence, and in some cases, citizenship. I also work with many individuals who wish to address inadmissibility, study in Canada, immigrate to Canada, sponsor family members or become citizens. We are a team of three lawyers, three licensed immigration consultants and 18 clerks and support staff.
Why practice immigration law?
It is a wonderful practice area for many reasons, some of which include:
- the chance to help Canadian businesses and Canadian society generally benefit from the many talented non-Canadian individuals out there who can and are eager fill labour, knowledge and skills shortages if given the opportunity to do so;
- the opportunity to assist others, some of whom have come or are coming from countries in which they could not go about their daily lives without fear of ostracism or persecution, to make a life for themselves and their families in this truly great country, as I have been fortunate enough to do;
- the fact that you can achieve positive results in a relatively short period of time, and are not dealing with a lot of acrimonious situations, which makes it a very satisfying practice area;
- it is an interesting, multi-faceted and ever-changing area of the law, which, whilst certainly challenging at times, means that it does not ever feel mundane; and
- we have a wonderfully collegial immigration bar which is very supportive of fellow practitioners and welcomes those who are new to the area.
What do you enjoy most about practicing immigration law?
I enjoy building positive relationships with people, learning about their businesses and/or backgrounds and cultures, and playing a part in their success in Canada. I am very fortunate to have made and found great friends and mentors from within the immigration bar, and work with a super group of people at Rekai LLP. I had the same experience as a member of the immigration team in the firm that I worked with prior to joining Rekai LLP. I am massively grateful for these experiences and relationships.
What do you find to be the biggest challenges for immigration lawyers today?
Immigration law is an ever-changing area of the law, and yet there is a lack of transparency or clear, consistent information and decision-making on the part of government offices and officers. This, coupled with the fact that it is a fast-paced practice area and an emotionally charged experience for the majority of foreign nationals, can result in challenges for immigration practitioners
Other issues arise as a result of ongoing technical issues with an immigration processing system that requires that the majority of applications are submitted online, with no alternative when the system is down.
As immigration lawyers, most of us have encountered a new or potential client after that individual has had an extremely negative experience with an unlicensed or ghost consultant, having paid that individual a large sum of money, who is now in a precarious situation, which can take a lot of additional work to remedy, if it can be remedied. Unfortunately, many individuals do not distinguish immigration lawyers from such individuals, and this therefore damages our reputation and the public perception of us. Great efforts are being made by our national executive to address and counter this, and that can only benefit from the input and support of as many of our members as possible.
What motivated you to join the OBA Immigration Section executive?
I joined the CBA immigration section several years ago as a student member at the suggestion of my boss. I was hungry to learn as much as I could about the practice area but did not necessarily know where to start. The CBA listserve was, and still is, an invaluable resource for me. I then started to attend both OBA programs and the CBA National Conference. I have always found these fantastic, both from a professional standpoint and personally, as each year I get to know more members of our immigration bar locally and from across the country and to catch up with old friends. When dealing with difficult or unfamiliar work matters, I have found that having the solidarity of others who can relate to the same or similar issues and offer counsel, truly is priceless.
In terms of joining the OBA Immigration Section executive, I wanted to increase my volunteering efforts, give back to our profession, have an opportunity to be involved in advocating on behalf of our immigration bar and our clients, focus on my professional and personal development, and get to know more members of our local immigration bar. I had been encouraged to consider joining the OBA Immigration Section executive by my senior colleagues, so it seemed like a good choice to achieve those aims. I joined three years ago and have found it a very rewarding and worthwhile experience. Whenever I am approached by someone who is interested in immigration law as a practice area, one of my first recommendations is to join the CBA and OBA immigration sections, join the listserve and attend our OBA Immigration Section CPD programs, which take place most months from September to June.