Case Study 2: Prohibitions and Special Cases

Overview

You're now an RCIC. You've recently been hired to work for a leading immigration consulting firm. A senior partner has asked you to interview a new client and help with the follow-up documentation. At the interview, the client poses three distinct questions regarding their citizenship application. Write a follow-up memo to the senior partner (Questions 1 & 2) and an email to the client (Question 3). See the instructions tab for details on what to include.

You are retained to represent Jared, a citizen of South Africa, with respect to his application for Canadian citizenship.

Jared first arrived in Canada on July 10, 2018, to visit his cousin in Calgary. He stayed as a visitor and later decided to apply for a study permit to attend a two-year post-graduate diploma program at the Southern Alberta Institute of Technology (SAIT), where he began studies in January 2019. His study permit was issued on December 5, 2018.

After graduating, Jared obtained a post-graduate work permit and subsequently applied for permanent residence. He became a permanent resident on September 15, 2021.

Jared currently works as a software engineer and applied for citizenship on August 1, 2024. He reports the following absences from Canada since his initial arrival:

• October 1 to October 14, 2019 - South Africa - Visit Family
• December 20, 2021 to January 4, 2022 - Mexico - Vacation
• July 3 to July 18, 2023 - United States - Conference

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 Date Duration Calculator: Days Between Dates (timeanddate.com)

In your memo to the senior partner of your new immigration consulting firm, answer Questions 1 & 2. Add clear headings, so that the partner can follow your analysis and proposed advice. Feel free to include tables.

Question 1

Based on the above, does Jared meet the physical presence requirement for citizenship under the Citizenship Act?

Outline your calculations and clearly explain how you arrived at your conclusion. Be sure to explain any time credited at half days versus full days.

Question 2

After submitting his application, Jared informs you that he was convicted of a criminal offence in May 2024 for an altercation that occurred while he was attending the Calgary Stampede and had been drinking. Jared is unclear about the legal details, including the specific offence or sentencing. He wants to know how this might impact his citizenship application.

What advice would you provide Jared regarding the potential implications of the conviction for his citizenship application? Identify what information you need from his criminal counsel and provide alternative explanations for different possible criminal dispositions. Cite relevant provisions of the Citizenship Act and supporting caselaw or policy.

The target word count for Questions 1 & 2 is 600 words. A "grace" range of up to 100 words above or below is permitted. Anything above or below that range will impact your mark for Communication.

Question 3

Jared later expresses concern about his ability to pass the citizenship knowledge test. He explains that he has a diagnosed learning disability that affects his memory and processing speed, particularly under time pressure. During his studies, he received accommodations including extended time for tests and oral instead of written exams.

What advice would you give Jared regarding his concern about the citizenship knowledge test? What steps would you take to assist him? Please reference the legal tests, relevant policies, potential evidence, and any challenges he may face.

The target word count for Question 3 is 500 words. A "grace" range of up to 100 words above or below is permitted. Anything above or below that range will impact your mark for Communication.