Jack (30) is an Australian Citizen. He lives with his common law partner, Lo (28), in Adelaide, South Australia. She is a Vietnamese citizen. She has been an Australian Permanent Resident for six years and aside from a week or two back in Vietnam to visit her parents in that time, Lo has not lived anywhere else but Australia. They have a son, Silas (4) who is an Australian Citizen.
Jack applied for a two year work permit under the International Experience Canada [R205(b); C21] program and was approved. He has been issued a letter by IRCC, telling him to pick up his work permit at the Port-Of-Entry (POE) when he arrives in Canada. He has also been issued an Electronic Travel Authorization (eTA).
Jack contacts you and says he wants to bring Lo and Silas with him to Canada. Jack says he will be able to cover all the costs (rent, food, private insurance, etc.) that the family will incur for Canada during their two-year stay. He has shown you a bank statement with a very healthy balance to confirm his claim.
Jack wants you to help Lo and Silas obtain the required authorization to travel to Canada. What will they need to apply for and how much will each application cost? [3 Marks].
Fact Pattern 2
The family arrives safely in Canada at the Vancouver International Airport (YVR). Jack is issued an open work permit for two years. Lo and Silas are each issued a visitor record valid for six
months. They spend a couple of days in Vancouver and then head straight to Prince Rupert, B.C. where Lo’s Uncle Bao owns and operates Northern Sun Fish Packers.
Uncle Bao is happy to see Lo, Silas, and especially Jack. Bo’s office manager just quit and he asks Jack if he would like the job. Jack graciously accepts Bo’s offer and immediately takes on the position.
It is now 90 days since the family arrived. Lo is getting a bit bored as Silas is in full-day preschool and there is not a lot to do in Prince Rupert. The local immigrant and settlement services society (ISS) is looking for a part-time receptionist and Vietnamese/English translator. Lo sends in her resume to the ISS and they state that the job is hers, if she can obtain a work permit. ISS will not apply for an LMIA for Lo.
Lo calls you and asks if she can apply for a work permit, and if so, submit an application by post with your help. Can she? If so, please list what forms she has to complete, what supporting documents are required, what fees are payable and where she has to send it. For full marks, please cite the relevant sections of IRPR as applicable. [12 Marks]
Fact Pattern 3
It is now September 1
st . The family has been in Canada for 120 days. Silas turned five in July and Jack and Lo contact you again to see if Jack can attend Kindergarten. In order to do so, would Silas need a study permit under the rules currently in force? To get full marks, cite the relevant sections of IRPA/IRPR when giving your answer [2 Marks]
Fact Pattern 4
It is now October 1
st and the family has been in Canada for 150 days. Do Jack, Lo or Silas have to apply to extend their temporary status? If so, who has to apply, what would that application comprise (forms, documents, fees, etc), and what office would be responsible for processing it? [10 Marks]
Fact Pattern 5
It is now one year later and Lo contacts you for further assistance. She has decided to enter a one-year part-time program at Northwest Community College (NCC) in Prince Rupert. She asks if she needs a study permit and can she apply from within Canada. You say “yes” to both questions. She again instructs you to submit a paper application. What would be included in that application (forms, documents, fees, etc), and what office would be responsible for processing it? Please also cite the relevant section of IRPR that allows Lo to apply from within Canada when giving your answer. [8 Marks]
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