Case Study: "Soula and Lauren"

You are retained to represent a married couple, Soula and Lauren, with respect to Lauren's application for Canadian citizenship.

Lauren is a citizen of the United States and came to Canada as a student to pursue journalism studies at the University of Toronto (U of T) in 2014.

Soula is a Canadian who acquired citizenship by descent through her parents when she was born in Geneva, where her mother worked as a representative for the Canadian government. She is now a computer engineer who works remotely for her employer based in Europe.

The couple met through an online dating app approximately 6 (six) years ago and married 2 (two) years ago in 2021.

Lauren graduated from U of T in April of 2018 and moved back home with her parents in Boston while searching for a position. After a year of searching, in 2019, she was fortunate to be hired as a journalist for the Globe and Mail, pursuant to her post-graduate work permit (PGWP).

In 2020, she applied for permanent residency (PR) through the Express Entry Canadian Experience Class using a combination of points from her Canadian education and work experience, as well as her young age and English language ability. Her application was granted and she was landed as a PR in September 2020.

Lauren moved into Soula's condo in 2021 after they married and Soula continued to pay the mortgage as Lauren was early in her career and has student debt. They also opened a joint bank account during this time for shared expenses.

Since the pandemic, they both work mostly from home by remote. Lauren only occasionally attends the office for specific meetings on an infrequent basis.

Prior to moving in with Soula, Lauren resided with a roommate whom she found through her university's online bulletin board. She paid her roommate directly through e-transfer for half the rent and they also split common bills that were in her roommate's name. She never had a lease agreement.

Most recently, in October 2022, Lauren was assigned to be a foreign correspondent for the Globe and Mail covering U.S. politics in Washington, DC.

This was a substantial promotion for Lauren and was facilitated by the fact she does not need a U.S. work permit to work in the U.S.

Lauren's HR department also advised her that she will be able to count her time in the U.S. towards her residency requirements as she will be working for a wholly Canadian-owned company on assignment.

Accordingly, she has lived in Washington since that time and has been accompanied by Soula who moved with her as she can work remotely from any location. The couple were told there is an exception for residency for PRs who are accompanied abroad by their spouse who is a Canadian citizen.

Before moving to Washington, the couple never vacationed outside Canada either together or individually. They mostly travelled within Canada and enjoyed overnight trips to the U.S, so as to take advantage of cheaper shopping options. They often spent the night in the U.S. before returning home the next day. They believe this will not affect Lauren's citizenship eligibility as she was accompanied by Soula on these trips.

While in Canada, Lauren filed taxes promptly every year that she worked. She did not file taxes when she was a student as she was advised that she did not work enough to owe any taxes. She also has not filed taxes since she moved to Washington. She read online that she does not have to file taxes while residing abroad despite remaining on the payroll with her Canadian employer.

As they plan for the future, the couple have started the process of becoming parents through adoption in the U.S. Accordingly, they are wondering if their future child will be entitled to Canadian citizenship.

1. Is Lauren eligible for citizenship at this time (i.e. October 2023) on her own or through Soula? If not, is it possible to advise when Lauren will become eligible for citizenship? Please detail your reasoning.
2. Identify the potential evidentiary hurdles the family will face in demonstrating their required physical residency when they apply for citizenship, and describe the types of evidence that you would recommend they attempt to obtain to support their application.
3. What advice would you provide the couple regarding the potential citizenship status of a child they adopt abroad? a. What criteria must be met in order for the adoption to be recognized for citizenship purposes? b. How will the timing of Lauren's application for citizenship affect the citizenship pathways for their adopted child? c. Will the child be limited by the first generation born abroad rule? Explain why or why not.
4. Identify all other issues of concern that you would raise with the clients.

Instructions:

In this case study, you will analyze and write a preliminary analysis with the various parts of the FILAC framework. You will then apply your analysis to advising your client in the Part 2 video, which is the primary basis for your grade. This will be used for your outline for the Part 2 video. As you begin to analyze your clients' case, use the FILAC framework to support your reasoning, remembering that the first three steps - F, I, and L - are iterative (see FILAC: A Framework for Legal Reasoning).

Facts: First, read through the facts, and based on your understanding of the readings in this module, try to identify the facts that you think may be legally relevant. Remember that it is sometimes hard to know what facts are legally relevant until you know something about what the law requires in such cases.

Issues: Then, use what you know about the legally relevant facts and the law to articulate the legal issue or issues at play here. As you articulate the legal issue(s), keep in mind your clients' goal. Articulate a main issue using the 'whether' structure described in your Blatt & Kurtz text (circa page 80). Then, articulate the sub-issues that will determine the main issue. You may wish to consider the questions in Part 2 of this assignment, as they will help you focus on some issues. Again, keep in mind that in order to articulate the legal issues, you will need a good grasp of the relevant law - including legislation and case law - as well as government policy. Go back and reread the key pieces of legislation and key cases as you try to articulate your client's issues.

Law: For each sub-issue, identify the relevant legislation, case law, and/or policy, and one or two facts taken from the scenario that will help you address the question implied in that sub-issue.

Application and Conclusion: Together, after thinking through your clients' situation, the facts, issues, and law provide the basis for your application of the law to your client's facts, and enable you to predict a likely legal conclusion. This will form the basis for your advice to your clients.

.Cite any authorities (cases legislation) in accordance with theMcGill Guide.Show your work - that is, label your preliminary analysis with the various parts of the FILAC framework. This will form the foundation of your mark for "Foundational knowledge and legal research," but you will need to translate your foundational knowledge and legal research into effective client communications.