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Matthew Kempton:So you want to move to Canada. Today, we're gonna be discussing some things you need to know before you relocate. Now one of the biggest misconceptions we hear in moving to Canada is that it's simply a matter of deciding to move. In reality, there are immigration, tax, investment, banking, estate planning, and lifestyle considerations that all need to work together. Today, we're joined by an immigration lawyer, Grace Allen of Grace Allen Immigration Law, to walk through some of the biggest questions people should be thinking about before they try and make the move.
Matthew Kempton:Grace, welcome. Please introduce yourself to everyone.
Grace Allen:Thank you so much for having me. So my name is Grace. I started a boutique immigration law firm in Halifax, Nova Scotia. We kicked off on April Fool's Day of twenty twenty. So I've been practicing law for almost a decade now, but I've been out on my own for six years and change, and it's been wonderful.
Grace Allen:We've grown, there are five lawyers now and we've got an immigration consultant, we've got some admin staff, It's a great little team, and we love welcoming people to Nova Scotia and, I mean, Canada generally.
Matthew Kempton:That's great. We should introduce ourselves here as the representatives from Verecan Capital Management, myself, Matt and Devin Cattelan. We are the portfolio managers who work with clients on both sides of the border. So clients who are U. Resident, Canadian resident, those that are considering a move and those that need assistance with the planning and investments along the way.
Matthew Kempton:Now we'd like to get into a conversation to understand once you are thinking about a move, well, who can actually move to Canada? Grace, how does that work?
Grace Allen:So broadly speaking, when I'm meeting with a client who's expressed an interest in moving to Canada, in a very general sense, there's two main avenues that I want to investigate. The first one, very broadly speaking, is family, and then the second one would be economic. And under that family umbrella, especially since the Citizenship Act change, I'm looking at who are your parents, who are your grandparents, who are your great grandparents? Are you actually Canadian? Have you been Canadian all along?
Grace Allen:Do you have an ancestor born in Canada through whom you could claim citizenship via descent? In that circumstance, it's a matter of collecting proof of that lineage and then you would be a Canadian citizen. The citizenship certificate would be issued as of your date of birth, so you could just saunter right up, buy a home, open a pension, there would be no bars on that. A Canadian is a Canadian. The other sort of subcategory under the family umbrella would be spousal sponsorship.
Grace Allen:Is your spouse Canadian? Does your spouse have Canadian ancestors through whom they could claim citizenship? And then in Canada, family sponsorship. So that wouldn't be an avenue to citizenship directly. You would first immigrate, you'd become a permanent resident or it's what we call green card holders in Canada.
Grace Allen:So you'd be a PR and you can be sponsored for permanent resident status if you have a Canadian or a permanent resident spouse. So those are general terms, those are the two main doors that we're looking at for clients who want to relocate on a permanent basis.
Devin Cattelan:How far back does that lineage go?
Grace Allen:Such a great question, sort of as yet untested. So Citizenship Act only changed in December 2025. Essentially, what happened was there's a constitutional challenge to this aspect of the Citizenship Act as it existed before December 2025. So the aspect of the act that was challenged was that after the second generation born abroad, citizenship by descent ends. So if we were all born in Canada and we happen to be on vacation in Florida when we give birth to our child, that child is Canadian or was Canadian under the previous act, but that child's children wouldn't automatically have Canadian citizenship from birth under the previous act.
Grace Allen:So that was challenged and found to be unconstitutional. It created sort of two tiers of citizenship. The intention of the act was to sort of close all these loopholes, And there were previous ones, like if you were born to a Canadian mother who had married an American or married someone who wasn't Canadian, your mother couldn't pass down citizenship under the previous acts before 1947. So the intention of the act was to close all these loopholes that had existed through time. And so if your parent was Canadian at the time of your birth or should have been Canadian but for these unconstitutional aspects of our act, you can have a claim.
Grace Allen:So this is a very long winded answer to your question, but we have put in applications where the Canadian ancestor was born in the late 1800s. There is no limit, and it depends on when you were born, whether there was a break in that chain. So if your Canadian ancestor ever denounced or renounced their Canadian citizenship, there's aspects of were they ever truly a British subject residing in Canada? Because Canada only became a country in 1867. So we have seen applications where the Canadian ancestors actually born before Canada was a country, but they would have become Canadian when confederation happened because they're British subjects.
Grace Allen:So it's become, you know, we've all become Canadian history experts. It's very interesting. We are all getting very skilled at trolling through public archives, and this is most specifically, and I would say in our case, exclusively pertaining to Americans because people who have this claim, Canadians in the 1800s and 1900s were generally speaking moving down south of the border for economic opportunities. Someone made a funny comment that I think the Pope has somewhere Acadian ancestry and maybe he's Canadian, maybe fiancee's Canadian. She also had sort of Cajun.
Grace Allen:Yeah. So, yeah, a lot will depend on documentation.
Matthew Kempton:The documentation must be interesting. It's one thing to go back to the family tree and say, you know what? My great, great, great grandfather should have been born in Canada or maybe what became Canada.
Grace Allen:But Yeah.
Matthew Kempton:Okay. Prove it. Exactly. Exactly.
Grace Allen:And there's a window of time, in Nova Scotia specifically, there was a window of time when the province simply was not recording births. Going rural churches, where is your baptismal certificate? You can do late registration of birth. That act changed. There's a lot of sort of genealogists and public records experts who have found themselves to be busier than I bet they ever thought they would be.
Grace Allen:It's just an interesting turn of events. But yeah, look into it, you could be Canadian, you never know.
Devin Cattelan:So is that the typical, the most common way that people attain citizenship, or are there other ways that people can go about doing it?
Grace Allen:That's a really good question. It's not that common. This ancestry, if you can get the birth certificates that link you back to the Canadian ancestor, then that's as profound as the investigation is going to go. They're not going to look into like, do you have skills that would benefit our labour market? Like, do you have a criminal record that we need to know about?
Grace Allen:So it's not as robust an application as an application to immigrate. If you're not one of the lucky few who have a Canadian ancestor, you're wanting to move to Canada on a permanent basis, then you'd be looking at immigrating. And right now, it's an uphill battle to be sure. And in Canada, our immigration pathways seem to be focusing on people with fluency in French who are intending to live outside of Quebec. And so IRCC's policy or Immigration and Refugee Citizenship Canada, so that's the branch of the federal government in charge of letting people in or not, that their stance is that's an exercise in nation building and to increase the bilingual nature of our country.
Grace Allen:It can be more straightforward to immigrate in Canada if you have proficiency in French and you're intending to live outside of Quebec, So that's an advantage that we're seeing. It might be worth moving forward with an application in Express Entry, for example, which is a points based economic immigration pathway in Canada. And then the other group of foreign nationals that Canada seems interested in welcoming in as permanent residents are healthcare workers or construction workers or trade workers. That's reflecting our labour market demand right now. If you are a registered nurse or basically any sort of healthcare professional, pharmacy, physiotherapy, psychologist, if you're a medical doctor, it can be a little bit more challenging.
Grace Allen:A lot will depend on where you went to medical school. And again, a lot will depend on which province you're intending to move to. But, yeah, you're not secretly Canadian your whole life. You should start studying French or go to med school.
Devin Cattelan:You mentioned the point based system. So what goes into that? Can you expand on it a little bit?
Grace Allen:Absolutely. So it's called Express Entry. It's one of several pathways to permanent residents in Canada. It's the most commonly used one. It's a points based sort of ranking system that Canada uses to select potential permanent residents.
Grace Allen:And the way it works is sort of a two step process. So you start by launching a profile, and that profile you declare your age, your education, your work experience, your language skills, and then there's sort of a fun miscellaneous category, like if you happen to have a sibling who's immigrated before you, you can get some bonus points. And so you launch that profile and you're awarded points based on those factors. And I think it's kind of rude as a 30, but the points for age start to go down when you turn 30. So it's very sort of skewed towards someone at the beginning of their working career.
Grace Allen:Points for education, they're higher based on how higher education is, but also if you happen to have gone to post secondary school in Canada, the points for that education are higher than if you went to university abroad. So you launch that profile, you have score, and then you're in the pool of candidates. And you can sit in that pool for up to a year and then your profile will expire. You can relaunch, there's no limit to how many times you relaunch. But simply meeting the threshold to enter the pool of candidates is not an application for permanent residence.
Grace Allen:You have to be invited to apply. And the way it used to work, like when I first started practicing law, it was like every Thursday, every Wednesday or Thursday, every two weeks on a Wednesday or Thursday, the government would say, okay, well, today we're going to invite 3,000 candidates to apply for permanent residence. And then the top scoring 3,000 would get this invitation to apply. And that is the full capital P, capital R permanent residence application. Now they're doing category based draws.
Grace Allen:So they're not just picking the top scoring candidates, they're picking candidates with a background in healthcare, with fluency in French intending to live outside Quebec, with trades, in some cases with job offers. There's something you can do called a provincial nomination where you go to the individual province and you ask them to nominate you based on whatever criteria each province has selected for themselves. If you have a provincial nomination, that'll give you a big boost in your points. And with that invitation to apply, you have to substantiate everything that you put in your profile. If you said that you have five years of experience as the CEO of bank, then you're gonna need an employment letter from that bank that says, yes, for five years, this person worked here.
Grace Allen:They did the following duties as CEO of this bank, extra bonus if you can show pay stubs, if you can show tax returns that you paid tax on the income as the CEO of a bank. And the reason they want a detailed letter like that is you can, you know, I could hire my cousin as the CEO of Grace Allen Immigration Law and have him just run the photocopier. So a job title is so specific to a particular employer. IRCC is more interested in the job description. So your employment, you're proving that you are who you said you are and you have done what you've said you've done, and there's a medical exam and there's a background check.
Grace Allen:So any country where you've lived for six months in a row since you turned 18, you're going to need a police certificate. The medical exam is screening for something called excessive demand. So if you have a health care concern that the Canadian government feels may cause an excessive demand on our public health care system, that could be grounds to refuse your application. So that invitation to apply, that's the golden ticket, that's what everyone is after, that's what has become really, really challenging to get since Trudeau left, I guess. I think, you know, since the change in public opinion about immigration, it's been, it's severely curtailed.
Grace Allen:It's it's, basically, are are you a medical doctor? Do you speak French? Are you a construction worker? And, yeah, you'll get an invite.
Matthew Kempton:So if you you get this invitation to apply, you've already spent a fair amount of time and maybe a really long time getting there and a lot of work as well. Once you get that, what should people expect the time line to be even for the most wanted of candidates to come into this country? Then how long can it extend from there?
Grace Allen:It's a really good question. And a lot will depend. It's such a lawyer answer. It depends. The date of the invitation to apply to your landing instructions, the average time is about six months.
Grace Allen:A lot will depend. Like, if your first name is John and your last name is Smith, the background check might take a bit longer because there's probably a bunch of John Smiths getting up to all manner of nonsense. So there's different factors that are going to cause different applications to take longer or shorter. If you're a family of five, background checks might take longer. But roughly speaking, if you're an individual in your mid to late 20s and, for example, you're already in Canada with a work permit, that application might sail through a little bit more quickly than someone coming from abroad who has lived in eight different countries, so eight different background checks.
Grace Allen:But yes, six months to a year. But I think what people don't take into account is that you can languish in that pool of candidates for a year, two years. A lot of people will put their profile into the Express Entry pool, but they'll also look at different ways to come to Canada before you get an invitation to apply for permanent residence. So looking at temporary status applications, looking at going back to school, coming to Canada for a master's degree under CUSMA, the trade agreement formerly known as NAFTA, which is on the ropes, But right now, as of now and for the next ten years, there is a provision in COSMA that says certain professions can get a work permit in a very straightforward streamlined application if a Mexican national, a US national, and you have work experience this list. It's about like 20 professions.
Grace Allen:It includes veterinarians, economists, consultants, finance people, lawyers, doctors, nurses. I've done a lot of custom applications for nurses. So if you have a job offer from a Canadian employer, a qualifying job offer from a Canadian employer, you are a professional and an American, you can come to Canada potentially with a work permit and be living and working here while you sort of get your ducks in a row for a permanent residence application, whether that is through Express Entry or through a provincial nomination, which can either be knitted into Express Entry or separate from Express Entry anywhere between weeks and years, depending on how desperate you are to come, whether you have a job offer. Yeah. It's all over the map.
Grace Allen:I wish I could tell you.
Devin Cattelan:One question that seems to pop up a fair bit is around whether or not there's avenues around, let's say, like if there's ways to accelerate that. So, whether it being by making, you know, foreign investment or buying a property, What's your take on that?
Grace Allen:No. It does not help you to have purchased a home in Nova Scotia. That is the number one thing we get asked. We have a lot of appointments with US nationals who are looking to retire and spend their golden years in Nova Scotia, and that becomes really, really challenging because if you're not Canadian, you don't have a claim to Canadian citizenship, our immigration system is very much focused on getting young people to come here and work and pay taxes for their careers, makes sense, I guess, from a policy perspective. But if you are wanting to come up as an American and you have your millions and you say, look how much I'll bring into the country, there is no permanent resident stream for people who are wealthy.
Grace Allen:There used to be an investment based PR application, but it got closed down before I started practicing law. Sometimes if you are a business owner, you can look into opening a branch of your company in Canada and depending on how many jobs you can create. There's certainly work permit options through that avenue, and there are technically pathways,
Matthew Kempton:but
Grace Allen:they are so long winded. Like in Nova Scotia, you're looking at a decade at least start to finish for an entrepreneurial nomination. It's very challenging to come as a business owner, which seems, I bet that's surprising because when you look at business owners in Nova Scotia, so many of them are newcomers. It's hard for that to be the foundation of your permanent residence application.
Matthew Kempton:So you can't buy your way into becoming a Canadian. What are some other misconceptions
Grace Allen:you
Matthew Kempton:run into when people phone in and say, we want to move here?
Grace Allen:I think something that tends to take Americans by surprise is that having a DUI is going to be an enormous problem for your immigration. It doesn't matter if it's sealed or expunged, you have to declare it, and depending on when that DUI took place, it can be an enormous hurdle. And the reason is, this might be too boring, but the reason is in Canada, driving under the influence of either drugs or alcohol carries a potential maximum criminal sentence of ten years in jail. So whether or not you're sentenced to ten years in jail, the fact that the potential maximum sentence in Canada is ten years means that having that criminal offence on your record, having that conviction, or outside of Canada sometimes even being charged, depending on the outcome of those charges, amounts to serious criminality, which means you can be, like if you're here as a visitor with a work permit, what have you, and you get a DUI, you will be deported from Canada and it carries a lifetime ban on applying to come back. It's a very serious criminal offence, and depending on the jurisdiction, some places in the world, it's like a traffic ticket, it's nothing, and that people don't think about it, especially if it's been expunged, it does have to be declared.
Grace Allen:And that can snowball into a bigger problem where if you had a DUI from the 70s, in Canada that in the 70s, that wasn't a serious criminal offense. It only became the serious criminal offense in Canada in 2018 when we legalized marijuana, we increased the potential maximum. So if your offences before 2018, it can certainly be overcome, but failing to disclose the conviction becomes its own separate grounds for excluding you from Canada called misrepresentation. And that also comes with getting deported and a five year ban on applying to come back. And that can be a real heartbreaker because in some cases, the offence itself wouldn't have been an issue for your immigration, but the fact that you didn't disclose it becomes a separate grounds to that you And it's very messy and it can be very heartbreaking where the whole thing could have been avoided if you just ticked yes on that little box on your work permit application instead of a no.
Devin Cattelan:What other kind of major mistakes are you seeing during the application process that people are making?
Grace Allen:Yeah. I mean, that's the biggest one that people are shocked by that really seems to throw people is that they do have to say whether they have criminal convictions, whether or not they feel they were justly convicted. And the timeline, I think people sometimes they'll come to our office in person, they're here, they bought a home and now they're ready to start PR, that can be really challenging because it's, like I say, depending on who you are, you're not going to get an invitation to apply for permanent residence just because you have a home, there's no points for that in the express entry. If you aren't interested in working, then the pathways to permanent residence are kind of non existent, and at that point, you're looking at, you can do a visitor extension after six months, but eventually those visitor extensions, you have to show that you're intending to leave when you're asking to stay as a visitor. It's a temporary status, you have to show temporary intent.
Grace Allen:A lot of our consultations seem to be surprised that they cannot simply move to Canada. We love having you for the summer, but living here permanently is a much more complicated question.
Matthew Kempton:It's complicated for sure, and it's changing all the time. I mean, so much of what you've walked through is just the very most recent rules
Grace Allen:of Yes.
Matthew Kempton:So for anyone who's trying to research it themselves, trying to chat GPT, how do I move to Canada? What advice do you have for them? When should they call you instead of trying to begin the process on their own?
Grace Allen:Immigration is kind of one of those funny things where you don't need a lawyer to prepare and file the application for you. And if you're savvy and are good with paperwork, love attention to detail, love the nuance of that kind of process, then there's no rule that says you need a lawyer to prepare that application for you. And certainly if a lawyer prepares that application for you, you don't get to the front of the line. It's not processed any more quickly just by virtue of having a lawyer. I would say it's worth it to book in for a consultation just to see whether there are avenues you could pursue for permanent residents.
Grace Allen:If there aren't, I know in my firm, our consultations, we have an hour long conversation, we follow it with a follow-up email saying, listen, right now there's not a lot, but if you get all those French scores up, if you get a job offer, if you get an educational credential assessment for that master's degree, it might be more likely that you're getting an invitation to apply. So if you're just looking at whether and how you could immigrate, it's worth it just to have a conversation with a lawyer. If you are in a position to move forward, you have a job offer, you're looking to move in the coming months, and there is a complicating factor in your immigration history, like you have a criminal record, even if it was expunged, you've been refused entry into another country, like you tried backpacking in Australia and got turned away at the border, that's going be relevant and could complicate your immigration paperwork. Would say, yeah, if there's complicated And if you have a criminal record at all, talk to a lawyer before you approach the border. Talk to a lawyer before you approach the border.
Grace Allen:Do not approach the Canadian border with a U Haul full of all your worldly goods and ask to enter as a visitor because the CBSA don't like that.
Devin Cattelan:Well, it sounds like with anything that's regarding this move in general, the earlier you start the better, and it doesn't hurt to have the conversation at an earlier part of your journey once that decision is made or even thinking about it?
Grace Allen:Yeah, absolutely. Yeah, I'm trying to think of all the times I'm in consultations and I think, oh, if you'd only called me. And it's frequently with DUIs and it's also frequently with people who have already bought a house, so know that purchasing a home is not going to guarantee any sort of temporary or permanent status in Canada. That was a big, big issue in the pandemic when the borders were closed, people were asking to cross the Canadian border because their gutters needed to be cleaned, the roof was leaking in their cottage on the South Shore Of Nova Scotia, and it wasn't going to fly, you've got to get on the phone and hire your neighbor to go clean your gutters for you, so yeah, no one except Canadians and permanent residents have the unfettered right to cross the Canadian, which also actually surprises some people. I was going to say it surprises Americans.
Grace Allen:People are shocked that you're not guaranteed entry. The CBSA have discretion to turn you away and sometimes they kind of it seems like they love doing it. So yeah, if you have any form of criminal record and you're planning to come up, I would talk to an immigration lawyer first.
Matthew Kempton:Is there anything else that surprises, say, Americans, maybe culturally about Canada when they get here that they weren't ready for, they were just surprised that's a different something that's different here than how things worked back home?
Grace Allen:Maybe, they don't tell me about it because after they immigrate, then they don't call me really anymore. No. Nothing really comes to mind. I mean, yeah, the Americans I've spoken with tend to be so friendly and open and lovely and, you know, fit right in in Nova Scotia. It's not We're not as different as you might think we are based on what you see in the news, I mean, particularly because the Americans who are calling us and trying to get to Canada are more aligned with the Canadian political I don't know what I'm trying to say there, but they're trying to leave.
Grace Allen:And so, yeah, they're typically, for the most part, welcomed with open arms, and Americans can be so friendly and, you know, a lot more outgoing sometimes than Canadians, but it's great. We love Americans. Come
Devin Cattelan:on. The more the merrier.
Grace Allen:More the merrier. Oh my god. We need people, especially if you're a nurse or a long term care worker. I don't know if you knew this, but I think Nova Scotia might have the oldest population per capita in North America, second only to Florida. So we are old and we need long term care workers, we need continuing care assistants, we need nurses, we need doctors, and if you can get a job offer from the Nova Scotia Health Authority, that's definitely going to make a difference between not just work permits but also permanent residents.
Grace Allen:So the way the pathway to permanent or to citizenship is once you've immigrated and you're a permanent resident, once you've accrued ten ninety five days, so the equivalent of three years of physical presence in Canada, you can submit an application for a grant of citizenship, and the processing time is about a year, so it won't happen quickly. You have to write a citizenship test, which is sort of the equivalent, like a grade 10 Canadian history test. You can take them online, we've taken them sometimes for fun, and you attend a ceremony. You do I shouldn't say it's not that big a deal, but you do have to swear your allegiance to King Charles and all his heirs and successors, but if you can get past that, then you could become a Canadian citizen after accruing sufficient time in Canada. Again, it will be relevant whether or not you have any criminal convictions in that time of being a permanent resident in Canada, inside or outside Canada.
Grace Allen:The application is not just were you physically in the country long enough, it's also have you behaved yourself? Do you speak English or French sufficiently? Can you pass this multiple choice exam about Canadian history and culture? And then swear your allegiance to our king, and then welcome aboard, you're Canadian. And once you're Canadian, they it's very rare for that to be taken away.
Grace Allen:The only way you can lose your citizenship is if you're found to have misrepresented at some point in your immigration history. So again, failing to disclose a DUI at the very beginning of your immigration history can come back to haunt you years down the road. But, yeah, we're, I think, like, terrorism convictions, you can be stripped of your citizenship. But, no, we haven't seen it happen very often. It doesn't come up a lot.
Matthew Kempton:Is there anything else we haven't covered today that you think is relevant for people who are thinking of coming to Canada?
Grace Allen:No. I think, like, the main thing I would say to, I guess, specifically Americans would be your audience, trying to look at my notes, is do you have any Canadian grandparents? Do you have Canadian grandparents or great grandparents? And if not, are you Learn French. Learn French and be young.
Grace Allen:And if you are looking to immigrate based on owning a business, call us because that is not something you want to undertake on your own. My colleague Sarah is our in house business immigration guru, and she gets all of our employer files, and that's her main practice. Her bread and butter is bringing business owners in, and yeah, it's long, it's arduous, it won't happen quickly, but if you're not Canadian, you're not a health care worker, it might really be the only pathway, and then it becomes a question of how patient are you, how badly do you need to be living and working in Canada? How bad do you want it?
Devin Cattelan:Yeah. Was a really, really insightful conversation. Thanks a lot, Grace. Thanks for filling us in on on the whole immigration process and what's involved and and some common mistakes that people bump into along the way.
Grace Allen:My pleasure. Thanks for
Devin Cattelan:hopping on our video.
Grace Allen:Yeah, no, it's great. It was great chatting with you. I feel like I'm always quartering people at house parties and telling them this stuff whether they want to know it or not. It's been lovely to have
Matthew Kempton:Show me your PR. Yeah.
Grace Allen:How did you get here? Yeah. So rude. I'm just, like, professionally interested.
Matthew Kempton:Like, how
Grace Allen:did you get here? Yeah. But, yeah, we're a nation of immigrants, and right now, the pendulum is sort of swinging towards it's hard. It's always been hard, but it's harder than it was when I started practising. And, you know, I imagine ten years down the road, it might it might not be so, so arduous.
Grace Allen:So, yeah. More of a reason
Devin Cattelan:to engage a professional and to start early.
Grace Allen:Exactly. Yeah. And talk to your call your grandma. See where see where she was born. See where her parents were born.
Grace Allen:You never know.
Matthew Kempton:Yeah. Call your grandma anyway. Just call your grandma. Yeah. It's always a good
Grace Allen:yeah. Yeah.
Kathryn Toope:For more information on today's topic or anything else financial that has you scratching your head, visit us at verecan.com. There's plenty to explore there, or you can always reach out to someone on our team. And now because apparently don't make major financial decisions based entirely on a podcast needs to be said out loud, Barenaked Money is produced by Verecan Capital Management Inc and is for general information only and entertainment. Nothing in this podcast should be considered personalized financial, investment, legal, tax, accounting, or other professional advice or a recommendation or solicitation to buy or sell any investment. Investing involves risk and past performance does not guarantee future results.
Kathryn Toope:Before making financial decisions, consider your own circumstances and speak with an appropriately qualified professional. Verecan Capital Management Inc. Is a registered portfolio manager in Canada and as an investment advisor with the U. S. Securities and Exchange Commission.
Kathryn Toope:Registration does not imply endorsement by any securities regulator. Thanks for listening. Keep asking questions, questioning the conventional wisdom, and expecting better from the financial services industry.