Question
Case Study; You are retained to represent Andreas with respect to his application for citizenship. Andreas first entered Canada as a visitor on April 4,
Case Study;
You are retained to represent Andreas with respect to his application for citizenship. Andreas first entered Canada as a visitor on April 4, 2018, to visit his cousin and his family in Port Perry, Ontario. While in Canada, his cousin who runs a general contracting company, offered Andreas a position as a plumber and applied for a work permit for him on that basis. After his cousin's company was successfully issued a Labour Market Impact Assessment (LMIA), Andreas was issued a work permit at the Windsor port-of-entry on February 12, 2019.
During this time, Andreas simultaneously applied for and received his license to work as a plumber with the Ontario College of Trades. After a year of working for his cousin's company, Andreas applied for permanent residence (PR) under the Federal Skilled Worker - Express Entry program and became a PR on July 9, 2020.
Over the last few years, he has become successfully settled as he continues to work for his cousin's company. Most recently, he applied to IRCC for citizenship on July 25, 2023. He notes his absences from Canada since arriving are as follows:
- August 27, 2019, to September 10, 2019 - Panama - Visit Family
- November 6, 2020, to November 16, 2020 - United States - MLS Soccer Match
- June 28, 2022, to July 21, 2022 - Panama - Visit Family
Instructions:
For this assignment, you are required to demonstrate your own residency calculations and how they were reached. You may use the IRCC online physical presence calculator to verify your answers and practice using the tool. However, your assignment will need to demonstrate the reasoning behind the calculations.
In so doing, you may also use a regular calculator and a date calculator such as the Date Duration Calculator: Days Between Dates (timeanddate.com)
This case study has three distinct questions:
1) one physical-presence calculation
2) An analysis of potential domestic criminality implications. Also referred case laws in the support of waiver due to his mental health.
Reference: Chaudhary v Canada (Minister of Citizenship and Immigration), 2013 FC 1003. Explain this and more laws if applicable
3) Email to a potential client, that outlines the steps you would take to assist them.
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