Immigration Law Assignment: Analyzing a Sponsorship Application Case

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Homework Assignment
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This assignment presents a detailed analysis of a Canadian immigration sponsorship application. The case involves Vito Andolini sponsoring his wife, Maria Andolini, and their children for permanent residency. The document meticulously examines the legal framework, including relevant sections of the Immigration and Refugee Protection Regulations of 2002 and the Immigration and Refugee Protection Act of 2001. It addresses the eligibility of Vito as a sponsor, Maria's application for permanent residency, and the genuineness of their marriage. The analysis covers financial stability, adherence to regulations, and the absence of any factors that could render the applicants inadmissible. The assignment includes a review of the forms and submissions required for the application, emphasizing compliance with the legal requirements and guidelines. The document further highlights the importance of genuine relationships and the fulfillment of all obligations in the sponsorship process. The analysis emphasizes that there are no barriers to the approval of Maria Andolini’s application for permanent residency.
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Immigration Law: Canada
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Table of Contents
Introduction................................................................................................................................3
Submissions................................................................................................................................4
First submission.....................................................................................................................4
Second submission.................................................................................................................7
Enclosures List.........................................................................................................................11
Forms....................................................................................................................................12
Bibliography.............................................................................................................................38
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To
CPC Sydney
PO Box 9500
Sydney NS
B1P 0H51
Dear Sir/Madam
Introduction
The submission letter implies that Vito Andolini wants to sponsor his wife Maria Andolini. It
also implies that Maria Andolini wants to apply for permanent residency. She is currently
living in Italy along with the children. The submission letter concerning the applications
would involve relevant legislations along with the guidelines and manuals of IRCC. The
relevant case laws pertaining to the applications may also be taken into consideration if
necessary.
Submissions
First submission
The first submission involves the application for sponsorship of Maria Andolini by my client
Vito Andolini with regard to the permanent residency of Maria Andolini, who is currently
1 https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc/offices/case-processing-
centre-sydney-nova-scotia.html
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living in Italy with the children. My client Vito Andolini wants to sponsor his wife for
permanent residency so that she can effectively immigrate to Canada along with sons
Giovanni and Vincent through the issuance of Permanent Residency visa. The approval
regarding the application for sponsorship would facilitate the ease of the application of
permanent residency for Maria Andolini as far as immigration to Canada is concerned
without any major hurdles or impediments accordingly. It would further lead to the issuance
of Permanent Residency visa for Maria Andolini along with the facilitation of the entry of
their sons into Canada in an effective manner without any major hindrances or obstacles. It
would further help in the effective results with regard to the moving of Maria Andolini along
with the sons if the sponsorship application of my client Vito Andolini is validated. The funds
are held by Vito Andolini are also sufficient that would be helpful in terms of supporting
Maria Andolini along with Giovanni and Vincent. In this regard, my client Vito Andolini
owns a profitable business by which the annual income amounts to one hundred seventy five
thousand dollars and the total savings of my client Vito Andolini amounts to four hundred
thousand dollars which implies that Maria Andolini and the sons would not encounter any
major financial difficulty on entering into Canada. As a far as the details of property are
concerned, Vito Andolini currently staying as a tenant at an apartment but would purchase a
house once his wife Maria Andolini comes enters into Canada along with Giovanni and
Vincent for which no difficulties would be encountered taking account of the income and
savings of Vito Andolini as mentioned earlier. Such facts imply that Vito Andolini would be
a genuine sponsor for his wife Maria Andolini and sons Giovanni and Vincent as far as the
permanent residency for Maria Andolini is concerned. The aspect of sponsorship is mainly
governed by Division 3 Part 7 of the Immigration and Refugee Protection Regulations of
2002. Such a provision is quite effective with regard to the eligibility of Vito Andolini to
sponsor Maria Andolini as far as the validity pertaining to sponsorship application in
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accordance with Section 10 of the Regulations of 2002 is concerned with reference to the
furnishing of the required information in the application for sponsorship accordingly. Sub-
section 1 of Section 13 of the Immigration and Refugee Protection Act of 2001 implies that
Vito Andolini being a Permanent Resident of Canada can sponsor Maria Andolini and the
sons if the conditions as stipulated by the Regulations of 2002 are fulfilled accordingly2. It is
observed from the facts that my client is fulfilling the requirements of a sponsor as per Sub-
section 1 of Section 133 of the Regulations of 20023. The notice of assessment as per Section
134 of the Regulations of 2002 needs to be taken into consideration as far as the evaluation of
the annual income of Vito Andolini is concerned which is enough for supporting his wife and
sons when they come to Canada as mentioned earlier4. Such notice of assessment or related
document is regarding the latest year pertaining to taxation accordingly as far as the
validation of the sponsorship application of my client is concerned in terms of the permanent
residency of his wife. The undertaking pertaining to sponsorship would also be provided in
accordance with Section 131 of the Regulations of 20025. An agreement is to be made
between Vito Andolini and Maria Andolini with regard to sponsorship as per Sub-section 4 of
Section 132 of the Regulations of 20026. As a result, it is observed from the provisions that
the application of Vito Andolini in order to sponsor his wife Maria Andolini is true in nature
as per the information provided. As imperative from the relevant forms, it can be observed
that the grounds for Vito regarding the sponsorship of Maria are valid in nature. The
information provided is also true to the best of my understanding and knowledge as provided
by Vito accordingly. It is also observed that there are no criminal records against Vito that
would act as a restriction in terms of sponsorship as far as the in-depth analysis of the
2 Immigration and Refugee Protection Act 2001 s.13(1)
3 Immigration and Refugee Protection Regulations 2002 s.133 (1)
4 Immigration and Refugee Protection Regulations 2002 s.134
5 Immigration and Refugee Protection Regulations 2002 s. 131
6 Immigration and Refugee Protection Regulations 2002 s. 132 (4)
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information and background of Vito is concerned. The forms also depict that there has been
no issues in the past on part of Vito that would lead to the ineligibility in terms of
sponsorship. As a result, Vito should be allowed with respect to the sponsorship of his wife
Maria as far as helping her with immigration and settlement through permanent residency is
concerned accordingly. It would lead to the comprehensive solutions regarding sponsorship
as far as the beneficial results for Vito and Maria along with the children are concerned. It is
also observed that my client would be in compliance with Section 10 of the Regulations of
2002 it terms of the filing of the application for sponsorship as far as the furnishing of the
information in a detailed manner is concerned7. In this regard, the credibility of my client
Vito Andolini would be analysed in an in-depth manner in terms of the being a sponsor in an
effective manner as far as the comprehensive results are concerned. In addition to the non-
prevalence of criminal records as mentioned earlier, it has also been observed that there is no
evidence relating to bankruptcy along with repayment of huge debt as far as the scenario
regarding my client Vito Andolini is concerned. It is also analysed and determined that there
are no factors which would render my client Vito Andolini ineligible to sponsor his wife
Maria. The marriage between them has also not been carried out in a fraudulent manner as it
was a wedding ceremony that was attended by the relatives of both of them along with close
acquaintances. As a result, such kind of marriage is a genuine one and it’s not been carried
with an intention of Maria to simply gain an entry into Canada and be a permanent resident.
Therefore, it is imperative that my client Vito Andolini is eligible to sponsor his wife Maria
Andolini along with the children taking into consideration the facts and circumstances of the
scenario in a detailed manner.
7 Immigration and Refugee Protection Regulations 2002 s.10
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Second submission
The second submission involves the application for permanent residency of Maria Andolini,
wife of my client Vito Andolini who is already a Permanent Resident of Canada. The
marriage between my client Vito Andolini and Maria Andolini is genuine in nature which has
been solemnised by a wedding ceremony held in Italy. Both my client Vito Andolini are by
faith Roman Catholic. Both are regularly in touch through phone and Skype. It would be
helpful for Maria Andolini if permanent residency visa is granted to her as she would be able
to migrate to Canada without being compelled to return to Italy. Additionally, she would also
be able to stay with her husband if her application for permanent residency visa is approved.
Furthermore, my client Vito Andolini would not have to commute to Italy and return back
every year. As a result, it would help in the successful entry of Maria Andolini to Canada
through the issuance of Permanent Residency visa accordingly. Additionally, it would also
help in the entry of the sons Giovanni and Vincent without any major issues or difficulties.
As a result, Maria Andolini would be granted a visa regarding permanent residency that
would help in her immigration to Canada along with the sons in an effective manner as
mentioned in the previous submission regarding the approval of sponsorship application of
Vito Andolini accordingly. It is imperative that the documents with regard to the application
for permanent residency would be duly submitted once the application of sponsorship on part
of my client is validated. It is also observed from the fact that the marriage between Vito
Andolini and Maria Andolini is not for merely the sake of Maria Andolini’s entry into
Canada as a Permanent Resident. It is imperative from the previous submission that Vito
Andolini is elogib;le to sponsor. Additionally, the facts also imply that there are no grounds
which would act as hindrances for Maria Andolini to be sponsored in the manner as
purported so as far as her application for permanent residency is concerned. The document of
both Maria and Vito are genuine in nature with regard to the immigration of Maria as a
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permanent resident through sponsorship by Vito accordingly. The facts also imply that Vito
has fulfilled his obligations in terms of being a valid Permanent Resident of Canada as far as
the sponsorship of Maria as a Permanent Resident is concerned as discussed in earlier. Maria
is currently living in Canada with the children along with Vito’s parent s and would like to
come to Canada to permanently stay with Vito as far as cohabitation is concerned
accordingly. As a result, there should not be any ground that would bar Maria to be granted
the visa concerning permanent residency. The facts also imply that Maria is not inadmissible
to Canada as she does not pose a security threat at the national level. It is also implied that
there are no medical grounds that would imply Maria being barred to be allowed to enter
Canada as a Permanent Resident. As a result it can be observed that there are no issues
pertaining to the application of Maria with regard to being granted visa so that she can
become a Permanent resident of Canada and be able to live with Vito without having to come
back to Italy accordingly. In this regard, it would facilitate the ease for Maria to settle in
Canada without any major hurdles or obstacles and lead a proper family life with Vito along
with the sons Giovanni and Vincent. It is observed that there are no major issues with regard
to Maria in terms of the grounds that could restrict her to obtain entry into Canada as a
Permanent Resident. In fact, Maria has previously visited Canada three times in terms of
meeting Vito accordingly. The facts of the scenario also imply that Maria and Vito are
committed to each other for having a long term married relationship accordingly. It is also
inferred from the facts that the granting of Permanent Residence to Maria would lead to the
effective results in terms of starting a new life in Canada on part of Maria and the children as
far as the beneficial outcomes in the long run are concerned. Vito’s turnover in terms
business implies financial stability to a considerable extent which implies that he would be
able to support Maria and her children financially while they are in Canada. As a result, Vito
would not have to undertake the hassles pertaining to the sending of money to Italy for the
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support of Maria and the sons as observed from the facts of the case in an in-depth manner.
As per Part 3 of the Regulations of 2002, it cannot be observed that there are grounds that
would imply that Maria is not admissible to Canada as far as the in-depth analysis of the facts
concerning her scenario is concerned8. It is also imperative that the granting of permanent
residency to Maria would in the long run lead to the comprehensive outcomes in terms of the
addressing of the issues pertaining to the distance between Vito and Maria in an effective
manner. It is also inferred from the facts that the reduction of distance would also lead to the
enhancement of communication of Vito with Maria and the children since due to long
distance the means of communication between them is mainly phone along with Skype in the
recent times accordingly.
8 Immigration and Refugee Protection Regulations 2002 pt. 3
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Enclosures List
Copy of the Permanent Resident card of Vito Andolini
Income statement of Vito Andolini
Utility bills of Vito Andolini
Medical Examination Confirmation of Maria Andolini
Police Certificate of Maria Andolini
Copy of the biographical data page of Vito Andolini’s passport
Copy of the biographical data page of Maria Andolini’s passport
English translation of the educational documents of Maria Andolini
Certified copies of the original educational documents of Maria Andolini
English translation of the birth certificate of Maria Andolini
Certified copies of the birth certificate of Maria Andolini
English translation of the birth certificates of Giovanni and Vincent
Certified copies of the birth certificates of Giovanni and Vincent
English translation of the school documents of Giovanni
Certified copies of the school documents of Giovanni
English translation of the marriage certificate
Certified copies of the marriage certificate
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Affidavit of the translator
Notice of Assessment of Vito Andolini
Income statement of Vito Andolini
Documents regarding separation of Vito and Antoinette
Receipt regarding payment of fees
Forms
Application to Sponsor, Sponsorship agreement and Undertaking (IMM 1344)
Relationship information and sponsorship evaluation (IMM 5532 E)
Sponsorship Evaluation (IMM 5481 E)
Use of representative (IMM 5476 E)
Generic Application form for Canada (IMM 0008)
Additional dependents declaration (IMM 0008 DEP-E)
Additional family information (IMM 5406 E)
Schedule A- Background/Declaration (IMM 5669 E)
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Conclusion
Therefore, it is observed form the aforesaid facts that there are no comprehensive reasons for
the refusal of permanent residency visa to Maria Andolini since Vito Andolini is not barred
from sponsoring Maria as far as his records regarding his stay in Canada as a permanent
resident is concerned. If the visa application along with the sponsorship application is not
approved, the long distance relationship will continue and Vito would have to continue
travelling to Italy and Maria would have to continue travelling to Canada.
The documents are enclosed herewith supported by an enclosures list in addition to the forms
that provide the relvant information regarding the sponsorship application of my client Vito
Andolini and my client Maria Andolini as far as the grounds in terms of approval of the
applications is concerned.
Kindly approve the sponsorship application of my client Vito Andolini and issue the
Permanent residency visa to Maria Andolini and oblige deemed to be fit and necessary.
Kind Regards,
ABC
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Additional dependants’ declaration form
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Relationship information and sponsorship evaluation form
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Sponsorship evaluation form
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Use of representative form (Vito Andolini)
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Application to sponsor, sponsorship agreement and undertaking
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Generic application form
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Schedule A-Background/Declaration
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Bibliography
Canada.ca, (2020) Case processing Centre: Sydney Nova Scotia. Retrieved from:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/contact-ircc/offices/
case-processing-centre-sydney-nova-scotia.html
Immigration and Refugee Protection Act 2001 s.13 (1)
Immigration and Refugee Protection Regulations 2002 s. 132 (4)
Immigration and Refugee Protection Regulations 2002 s. 131
Immigration and Refugee Protection Regulations 2002 s.134
Immigration and Refugee Protection Regulations 2002 s.133 (1)
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