Immigration and Refugee Law: Application for Temporary Visa, Canada

This assignment is a comprehensive application for a Temporary Resident (Visitor) Visa, prepared for Sally and Lakshman Marasingh, who reside in Mumbai, India. The application addresses various issues, including Sally's Canadian citizenship (with an expired passport), the need for Lakshman to obtain an Electronic Travel Authorization (ETA), and the complexities of their daughter Neja's Sri Lankan passport and adoption status. The assignment includes a detailed submission letter outlining the issues, relevant laws, and supporting documents. It showcases a thorough understanding of Canadian immigration law, including the use of expired passports as proof of citizenship, the requirements for minors, and the importance of supporting documents. The document includes a comprehensive chart of supporting documents for each applicant, along with the completed IRCC forms, and references to the relevant legislation and regulatory provisions. The assignment demonstrates a strong understanding of the application process, fees, forms, and the strategies needed to advocate for the client, ensuring that the application is presented in a clear and organized manner.

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Running head: IMMIGRATION AND REFUGEE LAW 2
Name
Student Number
Course
Section Number
Instructor Name
Date
Immigration and Refugee Law 2

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A Submission Letter
Application for Temporary Visa
Date: 1.1.2018
Canada Visa Application Centre
VFS Global Services Pvt. Ltd.
Shivaji Stadium Metro Station, Mezzanine Level,
Baba Kharak Singh Marg, Connaught Place
New Delhi-110001
Dear Sir/Ma’am,
Re: Important Visa Information for Visit to Canada
Introduction
Sally is a Canadian citizen, however from the year 2010, she is living in Mumbai. She
obtained the position in Mumbai with her current employer. She is not a citizen of India,
however has a legal status to reside on permanent basis as well as to work there. Lakshman was
born in and is a citizen of India. The enclosed letter of submission highlights the issues, which
Sally holds citizenship of Canada. In addition, her Canadian passport has expired and the
renewing process is going in the respective Mumbai Office of Consulate General of Canada.
Furthermore, their plan is to reside in Canada between August 15 and September 15. Another
issue is that their daughter was adopted from Sri Lanka and thus holds a passport of the same.
The changing process of Neja’s passport is initiated but the process would require a minimum
time until October 2018. Lakshman Marasingh, who is the husband of Sally, holds an Indian
passport.

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Issues
Lakshman Marasingh requires Electronic Travel Authorization (ETA) to travel to Canada
for a month with all the documents such as travel document along with the nation’s document
that has been issued permission for travel. Furthermore, Lakshman’s nationality documents and
the medium to travel are required (CIC, 2018; Government of Canada, 2018; Government of
Canada, 2018b). Sally’s Canadian passport process for renewal is in the process and is expected
to be received the latest by July mid but would also apply for visa. Sally wants to visit her
family, who lives in Hamilton (Ontario), in August and September 2018. This is mainly due to
the fact that her mother health has been degrading. However, she wants her husband and
daughter to accompany her to Hamilton to visit her mother. Ideally, they would travel to Canada
on August 15 and return home on September 15. Neja has a passport of Sri Lanka and is a five-
year-old child and it is not possible to complete the overall passport changing procedure within a
limited time period, as visiting her mother is an immediate cause.
For the listed applicants, there is a requirement for the Visitor’s Visa Application. I
hereby declare that, as a compensated representative of Sally, Lakshman Marasingh along with
her daughter Neja, I announce that every document that is essential for the application will be
presented with honesty and dignity to the best of my knowledge.

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Law
Sally provides the expired passport for identification of being the Canadian citizen unless
the renewal process is completed. The passport although expired can be used as a document of
proof for Canadian citizenship (Government of Canada, 2018). As per Immigration, Refugees
and Citizenship Canada (IRCC), “In most cases, applicants receive an email from Immigration,
Refugees and Citizenship Canada (IRCC) about their eTA application within minutes. However,
some requests may need several days to process. If this is the case for your application, you can
expect an email from IRCC within 72 hours of applying that tells you what your next steps are”
(Government of Canada, 2017). In case of Neja, the Government of India has stated that a child,
who is a minor, has parents holding the citizenship of India registered under Section 7A of the
Citizenship Act 1955 , the child is eligible for the provided registration. She also meets the
criteria that she is not a citizen of other countries (BOI, 2018). “Currently, the Constitution of
India does not allow dual citizenship and PIOs and OCIs are often mistaken as dual citizens or
dual nationals. A PIO is simply defined to be a person registered as a PIO cardholder under the
Ministry of Home Affairs scheme.1 An OCI is a person registered as an overseas citizen of India
under section 7A of the Citizenship Act, 1955 (the "Act"). PIOs and OCIs essentially enjoy
certain rights in India, on par with Indian nationals” (Chakrabarti & Varghese, 2016).
Signature………………..

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Comprehensive Chart of Supporting Documents
Sally’s Documents
 Passport of her Canadian citizenship: Expired Passport in 2018, travel document
 Letter of Invitation from Sally’s parents, who resides in Hamilton, Canada: Supporting
document needed before August 15 2018
 Document received from the Consulate General of Canada Office established in Mumbai
for the passport renewal process being applied: Official document from Mumbai in
October, 2018 and is legal document
 The legal documents of her employment in India
Sally will present the expired passport as a strong proof that she is Canadian and the
invitation letter from her family will be evidence that they will reside with them for the applied
time period (Government of Canada, 2016). In this context, passport renewal process is only
available for those individuals, which have been issued passport over the last six years. No name,
place of birth, sex, date of birth will be change (Government of Canada, 2018b). Document
received from Mumbai Office of Consulate will act as proof that the new passport will arrive by
15th of July. This is to specify that the application for a visa after receiving the new passport will
delay Sally’s meeting with her ill mother. Furthermore, the employment document is significant
signifies that she will return back to India within the provided time (Immigration Direct, 2019;
CIC, 2018a).
Lakshman Marasingh’s Documents
 Indian passport:

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 Marriage Certificate: February 4, 2013 in Mumbai
Lakshman Marasingh will submit the above documents to showcase his nationality a well
as his authentication that he can be allowed to visit Canada (Immigration Direct, 2019; CIC,
2018a). He can further submit the marriage certificate as proof that he will reside with his wife in
Canada and will return back along (Immigration Direct, 2019; CIC, 2018a; NDTV, 2017).
Neja Marasingh’ Documents
 Passport of Sri Lanka:
 Documentation of Legal adoption of Neja: August 2017 from Sri Lanka after receiving
final papers from the Indian authorities
 Processed documents for changing Neja’s citizenship: Due October, 2018 in India
Neja should be allowed to travel with her parents, as her legal father Lakshman is a
citizen of India. Passport of Sri Lanka can act as proof, which can allow Neja to travel to India.
Legal adoption document is necessary to showcase that Neja is the daughter of Lakshman and
Sally. Furthermore, documents can be regarded as evidence to transfer Neja’s citizenship so as to
make the application strong (Immigration Direct, 2019; CIC, 2018a).

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The Complete Application Along With IRCC forms
1. The following includes the screenshot of the IRCC form of Sally Marasingh, which
was essential for the completion of the application. The link to access the IRCC form is
https://secure.cic.gc.ca/enquiries-renseignements/case-cas-eng.aspx?mission=New%20Delhi

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2. The following is the IRCC form of Lakshman Marasingh

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3. The following is the IRCC form of Neja Marasingh

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References
BOI. (2018). Overseas citizen of India (OCI) cardholder. Retrieved February 12, 2019, from
https://boi.gov.in/content/overseas-citizen-india-oci-cardholder
Chakrabarti, R. & Varghese, S. (2016). India: Amendments to the citizenship act, 1955 and the
concept of the overseas citizens of India cardholder. Retrieved February 12, 2019, from
http://www.mondaq.com/india/x/459548/general+immigration/Amendments+to+the+Citi
zenship+Act+1955+and+the+concept+of+the+Overseas+Citizens+of+India
CIC. (2018). Do I need a visa to visit Canada? Retrieved February 12, 2019, from
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=416&top=16
CIC. (2018a). IRCC web form. Retrieved February 12, 2019, from
http://www.cic.gc.ca/english/contacts/web-form.asp
Government of Canada. (2016). Supporting documents. Retrieved February 12, 2019, from
https://www.canadainternational.gc.ca/united_kingdom-royaume_uni/consular_services_
consulaires/passports_docs_passeports.aspx?lang=eng
Government of Canada, 2017. After you apply - eTA: Next steps. Retrieved February 14, 2019,
from https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/
eta/after-apply-next-steps.html
Government of Canada. (2018). Apply for an electronic travel authorization (eTA). Retrieved
February 12, 2019, from
https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/eta/
apply.html