Wilfred Laurier University Immigration Law Case Strategy Letter

This assignment presents a case strategy letter written by a student, addressing a client's situation within the context of Canadian immigration law. The case involves Jane Latafat, a Malaysian international student whose study permit and visa are nearing expiration. The letter analyzes Jane's options for maintaining her status in Canada and pursuing permanent residency, considering her educational background, IELTS scores, and volunteer experiences. The assignment references the Express Entry system, the importance of work experience, and the potential impact of the Immigration and Refugee Protection Act. The letter aims to advise Jane on the relevant legal procedures, the criteria for permanent residency, and the potential challenges she faces, providing a strategic approach to her immigration case. The assignment also highlights the role of volunteer work and its impact on the application for permanent resident status. The student's work aims to demonstrate an understanding of how failure to maintain immigration status can result in potential inadmissibilities, as well as provide an actionable plan for the client.

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IMMIGRATION & REFUGEE LAW PROCEDURES

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Jane Latafat
Wilfred Laurier University, Masters, passed on August 31 of 2018
Dear,
This is to inform you about maintaining your citizenship status within Canada and the
consequences of failing to maintain the same (Dauvergne, 2012). Following the Citizenship and
Immigration Canada (CIC) the Express Entry system has got facilitated. It is since January 2015
that the entire processes of making applicants qualify and pass through the scheme get more
effective and rapidly which is proceeded. It is under this Express Entry System protocol that a
definite objective is set up. Under this regime, 80% of the applicants are accepted for getting
processed within six months. Fast-tracking applications are possible to get created under the
provision ‘Express Entry System’. The individuals who are talented and possess skills to acquire
and perform jobs within Canada are permitted. It is considered as a privilege to recognise talents
and employability for the country so that Canada's economy is able to gain greater revenue
yielded through their job outcomes. Hence it is adhering to the system of Canada that constant
tracking of applicants is carried out (Porter, 2018). It s governing the Federal immigration
program that stipulated protocols are laid down. There are essentially three programs that
participate in the system:
Skilled Worker Program
Skilled Trade Program
Canadian Experience Class
It is governing the Provincial Nominee Program that a segment is also allowed to participate in
the Express Entry System. Adhering to step one there are systems required for the candidates to
accomplish the online Express Entry Profile. It is following this profile that there are definite
layouts framed for the applicants' information to be retrieved and collected (Bates, Bond &
Wiseman, 2015). The details about the applicant essentially include their work experience, the
languages that they are capable of speaking in, the education background that they belong from.
In addition to some of these relevant characteristics, there are certain other features such as

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skills, abilities and other abilities that shall be required and suited to their organisation. There are
essentially varied times encompassing which CIC reviews have created requirements of Express
Entry profiles for Canada jobs. They have subsequently generated and spread applications
towards highest ranking candidates in search of permanent residence in Canada. It is during the
first year of that program that more than 200,000 Express entry profiles that were generated and
completed. Among them, ½ were found not to meet the required criteria for setting out one or
more of the economic immigration programs. However, on further analysis and findings, the
candidates who ranked to be among top profiles were already having definite jobs offered in
Canada (Elgersma, 2015). It is therefore understood that the jobs that are supported by the
Labour Market Impact Assessment can contribute significantly to receive up to 600 points
towards the overall candidate score.
It is only during 2015 that 23 rounds were undergone following Express Entry invitations. There
were 1,500 Permanent Residency invitations that were getting extended towards the applicants.
While the total count is created, more than 31,000 invitations were found to get issued (Olsen et
al. 2016). However, such a number is found to be a substantially lower number than that of the
expected overwhelming numbers. It is supposed to create a huge number in 2015 in terms of
applications which shall also relate with backlogged files (Sarker, 2017). It is once on clearing
those backlogged files that economic applications were presented through the process of Express
Entry System. It becomes therefore relevant for Express Entry profiles to be created in a positive
term which shall lead towards accuracy. To seek as much accuracy as necessary, there were
diverse improvements that were necessary to be taken into consideration to have to undergo a
comprehensive ranking and score procedure. This certainly involved the French and English
skills which required to be securely fulfilled by applicants who wish to seek employment in
Canada. A comprehensive ranking is necessary to be created which shall fulfil the overall score
need. The striving towards the attainment of higher scores in CL B9 or even higher shall help in
testing one's language skills. It is necessary to ensure that optimized ratings are received in terms
of language so that adequate suitability can be yielded to operate within Canada (Grey, 2016).
French and English are considered to be extremely significant to be expertise by candidates who
are intending to apply for the same. It is found that if the language portion is fulfilled the next
approaching criteria shall be a university level of education. If the applicant can fulfil their
criteria in the educational level as well, they shall be granted as heightening their scores to rank

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as one of the top applicants for the employment needs. It is in such cases that the Express Entry
score shall reflect the exact position of the applicant in case of immigration granting protocol.
The socio-cultural or economic benefits are taken into account before granting a citizen as
permanent citizenship of Canada (Liu, 2017). This is abiding by the legislation of the
Immigration and Refugee Protection Act (S.C. 2001, c. 27).
As this legislation has been passed way before Jane Latafat's application to Canada each of these
protocol criteria shall be endured by her. It shall, therefore, be applicable for her that as Jane
came to Canada six years ago, that is in the year 2013 the criteria than was different. She is a
student of international university from Malaysia had made a score of 7 in each of her parts
within the IELTS test. It was under her visa expiration that her study permit was about to get
lapsed too. Following the above stated legislative regulation and amended criteria it can be
framed that being involved in so many active participation within the country the permit of visa
was necessary to get approved on subsequent application by Jane. She was evident to be engaged
in municipal bicycle sharing project, Habit for Humanity and the local community kitchen
(Wanigaratne et al. 2018). However, although she was told that voluntary work does not count in
terms of visa application, but her claim that the community kitchen job is a managerial position
job it requires skills and work experiences. However, bringing the Express Entry Program into
the active front, her application is just a matter of time to get approved. It was under this system
protocol that Jane would be justified to be grated the status of permanent residents of Canada.
Yours sincerely

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References
Bates, E., Bond, J., & Wiseman, D. (2015). Troubling signs: mapping access to justice in
Canada's refugee system reform. Ottawa L. Rev., 47, 1.
Dauvergne. (2012). International Human Rights in Canadian Immigration Law—The Case of the
Immigration and Refugee Board of Canada. Indiana Journal Of Global Legal Studies,
19(1), 305Elgersma, S. (2015). Immigration Policy Primer. Library of Parliament=
Bibliothèque du Parlement.
Grey, C. (2016). Thinkable: The Charter and Refugee Law after Appulonappa and B010. The
Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference(Vol. 76,
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Liu, L. (2017). “Protecting the nation from foreign terrorist entry” and other bogeymen: is
Trump’s populism compatible with the rule of law?. LSE Human Rights Blog.
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Sarker, S. P. (2017). A Comparative Study on National Refugee Law of South Africa, Brazil and
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