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)

Question 1

Based on the foregoing, does Andreas meet the physical presence requirements? Please outline your calculations and how you reached your answer.

Question 2

As you continue to speak with Andreas, he reveals that before he applied for citizenship, he was convicted of a criminal offence in Ontario in October 2022, stemming from an altercation with a client who was unhappy with the plumbing work he had performed. Andreas does not know exactly which provision of the Criminal Code he was convicted under or what sentence or disposition he received. He is wondering how this may affect his application for citizenship and what information he should request from his criminal counsel.

What information would you provide Andreas regarding the possible effects the conviction may have on his application for citizenship?

Importantly, in providing your answer, please account for any information you do not have but would need from his criminal counsel and provide alternative answers for as many possible criminal dispositions, or possible outcomes and contingencies as you are able.

As always, please cite the relevant provisions of the Citizenship Act and explain how you reached your answers.

b. Considering this new information, what steps would you advise Andreas to take at this time regarding his citizenship application? This includes steps that you would take on his behalf.

Reference: Chaudhary v Canada (Minister of Citizenship and Immigration), 2013 FC 1003. Explain this and more laws if applicable

Question 3

The final concern Andreas raises is with respect to his ability to pass the written citizenship test with respect to his knowledge of Canada. Andreas explains that he has always suffered from dyslexia, which has made it difficult to take standardized tests throughout his life. For the same reason, he was placed on an independent study plan when he was still in school in Panama.

Outline the advice you would provide Andreas with respect to this concern and the steps you would take in order to assist him. In your answer, please ensure to identify the legal tests and requirements, the hurdles/questions he might face, and the evidence you would obtain, as well as the supporting case law and policy underlying your advice.

For clarity, it is recommended that you structure your written advice by headings and sub-headings according to each issue, as appropriate.

Furthermore, feel free to place case law and policy references in footnotes if you consider them inappropriate to your client communications.