Assignment 3 - Prepare Submission Letter and Explanatory Memorandum

Overview

As discussed in the practitioner's video and during the tutorial, strategic submission letters are a way for consultants to provide value to their clients. A good submission letter will clearly and concisely explain to the visa officer why your client's application should be accepted and will address possible concerns with the file. This assignment provides you with an opportunity to draft a submission letter. This assignment has two components.

First, you will have to draft a submission letter (700-800 words) to include with a client's application, based on a set of given facts and materials. Review the case facts carefully to identify any possible concerns or deficiencies in the file that need to be addressed. The letter may require you to engage in case law research and to think through an ethics issue.

Your submission letter should include a list of supporting documents you've provided in support of your client's application (note: your list of documents will not be counted in the word count).

Second, you will write a one-page explanatory memorandum (200-250 words), setting out strategic and ethical choices you made in preparing the letter. You should explain any issues you addressed with your client and any research you've undertaken to prepare your submission letter.

This assignment is worth 25% of your final grade. Your grade will be based on the criteria listed below.

1. Application of Foundational Knowledge (50%): On the substance of the letter and your explanation of that substance. For instance, does the letter clearly address potential issues with your client's file? Have you referred appropriately to IRCC regulations and operating instructions? Do your choices in preparing the letter reflect decisions that conform to the CICC Code of Professional Conduct?
2. Advocacy (30%): On the strength of your letter to advocate effectively on your client's behalf. Have you appropriately framed your client's eligibility and responded appropriately to any potential deficiencies or issues?
3. Communication (20%):The brevity, concision and clarity of the submission letter. Is your writing free of spelling and grammar errors. Does your submission letter contain all of the essential elements of professional legal communications (e.g., is the receiver clearly identified? is the letter dated? does the subject line clearly indicate the type of application, legal authority, etc.?) Is it within the specified word count rage?

Your Client's File

The basic facts of the file are as follows:

Maria Rivera, a 40-year-old Mexican national, currently resides in Vancouver, BC and works as an Accounting Technician at the British Colombia Institute of Technology (BCIT). Ms. Rivera lives in BC with her husband and their 10-year-old son. Her husband has a 21-year-old daughter from a previous marriage who has a one-year-old son and whose boyfriend (the baby's father) has just passed away. They are currently in Mexico and intend to immigrate with the family. Ms. Rivera first came to BC in 2020 as a student to pursue a Diploma in Accounting at BCIT. She completed her program in December 2022 and applied for a Post-Graduation Work Permit (PGWP). She chose BC because her brother and his family have lived in BC for 10 years and spoke highly of their experience. While studying, she did a paid internship with the Accounting Department at BCIT. She worked as an Accounts Payable Clerk part-time September-December 2022 and then full-time in this position until February 15, 2023, when she was promoted to her current position as Accounting Technician. Prior to coming to Canada, Ms. Rivera worked in banking for 15 years in Mexico. She worked as a Customer Service Representative for Scotiabank Mexico 2005-2018 and then as a Mortgage Officer at CitiBanamex 2018-2020. She has obtained an employment reference letter from CitiBanamex. She has been unable to reach her former employer at Scotiabank and asks if this experience needs to be included in her application. In your meeting with her, Ms. Rivera discloses that her initial application for her PGWP was refused in February 2023 because there was one term where she had studied part-time. She successfully reapplied providing a letter of explanation and received her PGWP in April 2023. She asks you not to mention in her PR application that her initial application was refused. Knowing she was eligible for Canadian Experience Class, Ms. Rivera submitted an express entry profile. Her Comprehensive Ranking Score was 283. She then applied to the BC Provincial Nominee Program as an International Graduate. She recently received her BC nomination, boosting her CRS by 600 points and last week she received her ITA as a Provincial Nominee candidate.

Your client's file includes the following documents:

Copies of passports for Ms. Rivera and her accompanying family members Confirmation of BC Nomination Certificate dated April 30, 2024 Copies of birth certificates for Ms. Rivera and her accompanying family members Ms. Rivera's Post-Graduation Work Permit Marriage Certificate Ms. Rivera's IELTS test results from January 15, 2024 Employer reference letters from BCIT and CitiBanamex Birth Certificate and PR card for Ms. Rivera's brother Ms. Rivera's T4 slips and CRA notice of assessments from 2022 and 2023