Assignment 1

Assignment 1
Immigration Law Procedures

IMA106
INSTRUCTIONS
Case Studies Assignment – Please answer case study questions in spaces
provided.
Lorri, a permanent resident, is seeking to sponsor her husband, Martin, and their son,
Carlos. Lorri submitted a complete sponsorship application to the CPC (Case
Processing Centre) in Mississauga. At that time, Carlos was 18 years old, a full-time
student, and had never been married.
During the processing of the application, Carlos turned 24, left school, and remained
single. Is Carlos an eligible dependent child? Refer to the appropriate section(s) of the
IRPA and/or Regulation (IRPR) to support your position. 10 Marks
He meets the requirements under subsection 117(1) of the IRPR, as he is less than 22 years of age, he has
not been married, and he has not entered a common-law partnership. He is also included in his parents'
application as specified in subsection 117(2). Section 117 of the IRPR states: Dependent child (1) A
foreign national is a dependent child if that foreign national is less than 22 years of age and (a) has not
been married or in a common-law partnership, or (b) is enrolled at a post-secondary educational
institution on a full-time basis and is financially dependent on a parent for financial support. (2) For the
purposes of subsection (1), a foreign national who is included in an application for permanent residence
filed by a parent and whose application is submitted before the foreign national reaches the age of 22
years is a dependent child, even if the foreign national is not less than 22 years of age when a decision is
made with respect to the application.
Lorri added Carlos to her permanent residency application, and his application was submitted before
Carlos turned 22.
As a result, Carlos is classified as a dependent child. Lorri submitted her application before Carlos turned
22 years old.
Linda was born in Canada. She took a job in Taiwan where she met Chi-ming, a Taiwanese
national. Linda and Chi-ming adopted a child in Taiwan, named Mei. Linda and Chi-ming got
divorced. Now Linda would like to return to Canada with Mei. Would Mei qualify for Canadian
citizenship? Explain. 5 Marks
Mei would qualify for Canadian citizenship because she was born in Taiwan and adopted by Canadian
citizens. Consequently, she meets the requirements for citizenship by descent under the Citizenship Act.
Section 3 of the Act states that a person is a citizen by descent if they were born outside of Canada and one
of their parents was a Canadian citizen at the time of their birth. Therefore, since Mei was born outside of
Canada and her adoptive mother was a Canadian citizen, she is a citizen by descent.
Can Mei sponsor her biological parents once she obtains Canadian citizenship or permanent
residence? Explain your answer by referring to the appropriate section(s) of the IRPA and/or
IRPR. 3 Marks
No, she cannot. Adoption serves a child’s legal relationship to the biological parents (IRPR, s 3(2)).
Severance from the biological parents means that an adopted child may not sponsor the biological parents
or grandparents in the future.
Is Mei required to undergo a medical examination with a panel physician? 2 Marks

Yes
Rohit wishes to apply for permanent residence under the federal self-employed
category. He is a well-known jazz musician who writes and performs his own music. He
has worked as a musician for the past 6 years and has gained several international jazz
awards. He has a full portfolio of songs he has written and recorded. Rohit won two
Grammy Awards for Best Contemporary Jazz Album and his songs have reached the
top 10 on local and international radio.
Rohit is 44 years old; he has married twice and has two children from his first
marriage. His daughter, 18, is a university student who does not intend to accompany
him to Canada,
and his son, 25, served for two years in the military and is now working. He has three
other children — ages 8, 10, and 12 – from his current marriage.
Rohit advises you that his youngest child, Sabrina, has Down’s Syndrome, and is
currently in a care facility.
Does Rohit qualify under the business class, self-employed category? Explain your
answer. 5 Marks
Yes, I think he can. Because an applicant in this category must meet the definition of self-employed person
at section 88(1) of the IRPR: some-one who “has relevant experience and has the intention and ability to
be self-employed in Canada and to make a significant contribution to specified economic activities in
Canada.” The key phrase here is “specified economic activities”; these are defined as
“Cultural activities, athletics or the purchase and management of a farm.”
As a musician, it could be considered cultural activity, and for relevant experience according to section
88(1) of the IRPR for the cultural activities:
How much would Rohit be required to invest in Canada to qualify in the self-employed category? 2
Marks
Business immigrant applicants must show that they have sufficient funds to support themselves and their
family members for at least one year after arriving in Canada, because they do not receive any financial
support from the Canadian government. Generally, the net worth requirements of the eligibility criteria
ensure that applicants will be able to support themselves.
How many children must Rohit claim as ‘dependents’ on the IMM 0008 generic form? 3 Marks
He must claim four children as dependents, because one of his children who is 25 years old cannot be a
dependent child.
Would Sabrina’s disability affect Rohit’s application for permanent residence in the self-
employed category? Refer to the appropriate section(s) of the IRPA and/or IRPR to support
your position. 10 Marks
His child's condition may not affect his permanent residence application, but a person can be deemed
medically inadmissible if CIC believes their condition will place an excessive burden on the Canadian
health care or social care systems (IRPA, s 38(1)(c)), and is likely to be a danger to public safety, such as a
mental condition that causes unpredictable or violent behaviour (IRPA, s 38(1)(b)).

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Assignment 1

Immigration Law Procedures

Is Mei required to undergo a medical examination with a panel physician? 2 Marks

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