ICL 850 Midterm Questions and Answers with feedbacks Fall 2024.

Midterm Practice Quiz - Results Attempt 1 of 1 Written Jun 12, 2024 12:41 PM - Jun 12, 2024 1:21 PM Attempt Score 95 % Overall Grade (Highest Attempt) 95 % Question 1 (Bonus) (Mandatory) The Queen's University Senate Academic Integrity Policy governs all assessed academic activities in the Graduate Diploma in Immigration and Citizenship Law. Departures from academic integrity are subject to sanction pursuant to section 5.1.1 in the GDipICL Handbook of Academic Regulations, Policies and Procedures. Click the statements below to affirm your understanding of, and commitment to, the principles of academic integrity. I hereby confirm that: Question 2 When completing this quiz, I will keep the content of this quiz confidential; I will not collaborate with anyone; and I will not use AI (Large Language Models) software. Tom, a foreign national, was convicted of impaired driving in Canada and thereafter was granted a record suspension (formerly a pardon). For the purposes of immigration, will Tom be considered admissible to Canada? Hide question 2 feedback Question 3 In the context of minimum necessary income for sponsorship, what does the term "minimum necessary income" refer to? Yes, a record suspension would make Tom admissible in Canada. No, Tom is a threat to Canadian society and therefore will remain inadmissible in Canada. No, a record suspension does not overcome a conviction for the purposes of immigration to Canada. Yes, but only if he can pay monetary compensation to the pedestrian's family and they agree to co-sign the suspension then he will be admissible in Canada. s. 36 of the IRPA requires a conviction. The effect of a record suspension is the removal of the conviction. See also s. 36(3)(b) of the IRPA. a) The income threshold set by the sponsor's spouse or commonlaw partner for co-signing an undertaking. b) The average income for urban areas of residence with 500,000 persons or more. c) The before-tax annual income necessary to support the sponsor, their family members, the sponsored foreign national, and every other person covered by a still-effective undertaking. Hide question 3 feedback Question 4 d) The annual income required to support only the sponsored foreign national and their family members. The before-tax annual income necessary to support the sponsor, their family members, the sponsored foreign national, and every other person covered by a still-effective undertaking. Student Feedback: See s. 2 of the IRPR/ minimum necessary income means the amount identified, in the most recent edition of the publication concerning low-income cut-offs that is published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more as the minimum amount of before-tax annual income necessary to support a group of persons equal in number to the total number of the following persons: (a) a sponsor and their family members, (b) the sponsored foreign national, and their family members, whether they are accompanying the foreign national or not, and (c) every other person, and their family members, (i) in respect of whom the sponsor has given or co-signed an undertaking that is still in effect, and (ii) in respect of whom the sponsor's spouse or common-law partner has given or co-signed an undertaking that is still in effect, if the sponsor's spouse or common-law partner has co-signed with the sponsor the undertaking in respect of the foreign national referred to in paragraph (b). Under the spousal category, which of the following circumstances would render the relationship ineligible for sponsorship? Select all that apply. Hide question 4 feedback Question 5 Aram came to Canada as a government-assisted refugee in 2017. Two weeks before he was set to travel to Canada, he married his partner, Samar. He was worried that if he disclosed this information to Immigration, Refugees and Citizenship Canada (IRCC) he might get into trouble, and he would not be allowed to resettle to Canada, so he did not tell anyone about his new wife. In 2018 Aram filed an application to sponsor his wife under the Family Class and was denied because he had not previously disclosed his relationship. Can Aram apply to sponsor his wife under the new IRCC public policy to avoid the application of provisions 117(9)(d) and 125(1)(d) of the Immigration and Refugee Protection Regulations (IRPR)? a) Where the marriage was performed without both spouses being physically present. b) Where the applicant is the common law partner of another person or the conjugal partner of another sponsor. c) Where the sponsor is the spouse of another person. d) Where the sponsor has previously sponsored a spouse, commonlaw partner, or conjugal partner, and the undertaking has not ended. These factors are outlined in S. 117 of the IRPA. Hide question 5 feedback Question 6 Kelly is a citizen of Canada and a resident of Ontario. Kelly suffers from a disability. She wants to sponsor her spouse, a citizen of Jamaica, but she is not sure if she can do so since she receives assistance for her physical disability. Which advice to Kelly would be the most correct and prudent? No, Aram would have to show that he did not intentionally avoid disclosing his wife to IRCC when he did not disclose his spouse in order to take advantage of the IRCC public policy to avoid the application of provision 117(9)(d) and 125(1)(d) of the IRPR. No, Aram will not be permitted to apply under the public policy as he knowingly did not disclose his wife to IRCC when he became a permanent resident. Yes, Aram will be permitted to apply to sponsor his wife in accordance with the IRCC public policy to avoid the application of provisions 117(9)(d) and 125(1)(d) of the IRPR. No, the only way that Aram would be able to sponsor his previously undisclosed wife would be to ask for consideration on Humanitarian and Compassionate grounds under section 25(1) of the Immigration and Refugee Protection Act (IRPA). See the associated eligibility and sponsorship of family members under the Immigration and Refugee Protection Act (IRPA), overseas and in-Canada sponsorship application program, or other related documents. Persons with any disability cannot sponsor anybody irrespective of their need for disability benefits. Persons with disabilities can sponsor individuals that qualify under the Family Class if the disability benefit provided is not more than 35% percent of their total income. Hide question 6 feedback Question 7 Julian is a Canadian citizen and applied to sponsor his son David to Canada from the Netherlands. He was pleased to receive a notice from Immigration, Refugees and Citizenship Canada ("IRCC") that he was approved to be a sponsor for David, but unfortunately, his application was refused at the second stage of processing due to his failure to meet the requirements for sponsorship. Julian is now looking for help to decide if he can appeal or not. Persons with disabilities can sponsor individuals that qualify under the Family Class if they have a guarantor that can co-sign for financial support. Persons with disabilities can sponsor individuals that qualify under the Family Class even if they are on disability benefits. See IRPR s. 133(1)(k) is not in receipt of social assistance for a reason other than disability. a) Yes, Julian can appeal the decision to the IAD. An application that is refused due to the failure of a sponsor to meet the requirements for sponsorship may be appealed to the IAD. b) No, Julian can only appeal a negative decision about his eligibility to be a sponsor. Since he was approved to be a sponsor for David, he is not able to appeal to the Immigration Appeal Division (IAD). c) No, Julian cannot appeal the negative decision to the IAD because a Canadian citizen is only able to appeal the decision about a spouse, common law partner, or conjugal partner, not a decision about a child. Hide question 7 feedback Question 8 On January 13, 2023, Amber submitted an application from within Canada to be sponsored by her wife, Ingrid, who is a permanent resident. She received a notice from Immigration, Refugees and Citizenship Canada ("IRCC") that her application had been received, checked for completeness, and was now being reviewed by an immigration officer. On March 14, 2023, Amber learned that her wife, Ingrid, is now being investigated because IRCC believes that she obtained her own permanent residence through misrepresenting important facts about her work experience in her home country and she might not have been eligible for permanent residence at all. Amber is worried that this will impact her spousal sponsorship application. What should you advise Amber? d) Yes, Julian can appeal the decision to the IAD on the basis that he is a Canadian citizen and therefore has every right and entitlement to appeal any decision on an application he makes to IRCC. Under section 62(1) of the IRPA, a member of the family class may appeal to the IAD. Under section 65, H&C considerations can be considered by the IAD. All other answers are incorrect. Sponsorship applications can be suspended if proceedings are brought against the sponsor or co-signer that challenge the validity of the sponsor's own immigration status for matters such as misrepresentation. Sponsorship applications can only be suspended if proceedings are brought against the sponsor or co-signer for serious matters involving criminality. Sponsorship applications can only be suspended if proceedings are brought against the sponsor or co-signer for financial reasons. Hide question 8 feedback Question 9 George is a Canadian citizen who is applying to sponsor his wife Tina who lives in China with their two children. As George is fluent in English and Tina is not, he is the one who completed the application. Tina has a very minimal understanding of English and signs the papers that George sends to her without reading them carefully. When IRCC reviews the application, the officer discovers that there are major inconsistencies between the sponsorship application and a previous application for a temporary residence visa that Tina applied for 2 years ago. The officer determines that Tina is inadmissible on the grounds of misrepresentation under section 40 of the IRPA. Is Tina admissible? Once sponsorship applications have been received by IRCC they cannot be suspended until a final decision on the application has been rendered. Under R136(1)(b), if the sponsor is the subject of an inadmissibility report, the sponsorship application may be suspended. All other answers are incorrect. Yes, Tina is admissible because she was not the one who filled out the application and should not be held responsible for the mistakes that George made without her knowing. No, Tina is inadmissible for indirect misrepresentation as her sponsor completed an application for her and included incorrect information without her knowledge. Yes, Tina is admissible because neither she nor George intended to deceive IRCC, and the mistakes were inadvertent. No, Tina is inadmissible because she should have asked George to read the full application to her in a language that she understands before signing. Hide question 9 feedback Question 10 Raj had applied for and received permanent residence in Canada as the result of an overseas sponsorship. In his application, Raj omitted listing his 6-yearold child from a previous relationship. Raj was of the belief that he was to include only his current wife and children in the application and that when he would be interviewed by an immigration officer, he would inform the officers about his child from his previous relationship. He was, however, not interviewed by an officer and was instead granted permanent residence. Will Raj be permitted to sponsor his 6-year-old child? Hide question 10 feedback See the associated eligibility and sponsorship of family members under the IRPA, overseas and in-Canada sponsorship application program, or other related documents. Raj must make an application under the Humanitarian and Compassionate (H&C) category seeking forgiveness for his omission from the Minister responsible. Yes, if Raj can prove that the omission was not fraudulent then he can keep his permanent residency and his child can come to Canada as a dependent. Yes, Raj will be permitted to sponsor his child in accordance with an Immigration, Refugees and Citizenship Canada (IRCC) public policy to avoid the application of provisions 117(9)(d) and 125(1)(d) of the Immigration and Refugee Protection Regulations (IRPR). No, Raj will face lifetime exclusion for failing to mention all his dependents in his application. Yes, there is a public policy under R.117 (9)(d), wherein a temporary policy has been introduced for certain persons excluded under paragraph 117(9)(d) and 125(1)(d) of the IRPR. This policy allows applicants under the family class Question 11 Which of the following is not one of the excluded relationships under Regulation 117(d) of the Immigration and Refugee Protection Regulations (IRPR) and therefore is still eligible to be included to be sponsored to Canada? Hide question 11 feedback Question 12 According to section 117(1) of the Immigration and Refugee Protection Regulations (IRPR), who qualifies as a member of the family class with respect to a sponsor? such as Raj to seek exemption under this policy, provided he meets its requirements. A spouse or common law partner who is under 18 years of age. A spouse or common law partner who entered a period of separation with their sponsor at any time during their relationship. A foreign national who is already married to another spouse when they married the sponsor. A spouse, common law partner, or conjugal partner being sponsored by someone who has an existing sponsorship undertaking for another spouse or partner that has not ended. See Regulation 117(d) of IRPR for the list of excluded relationships. a) The sponsor's sibling. b) The sponsor's dependent child. Hide question 12 feedback Question 13 Samantha and Gregory have been in a relationship for the past 16 months. While they lived together continuously for 8 months, Gregory was required to move to a different city without Samantha for the last 8 months of their relationship when his employer opened an office in a new location. Will Samantha and Gregory meet the eligibility requirements under the Immigration and Refugee Protection Act (IRPA) to apply for sponsorship as a common-law couple? c) The sponsor's cousin. d) None of the above. See s. 117(1) of the IRPR. a) Yes, Gregory and Samantha will meet the eligibility requirements because they have been in a relationship for more than 12 months. b) No, Gregory and Samantha will not meet the eligibility requirements because they have not been cohabiting for 12 continuous months and their interruption in cohabitation is not temporary or short. c) Yes, Gregory and Samantha will meet the eligibility requirements because the only reason Gregory had to move was to maintain his employment. Hide question 13 feedback Question 14 Lily, a Canadian citizen, has recently married her long-term partner Carlos, who is a Colombian national. The couple married three months ago in a beautiful ceremony in Colombia. Carlos entered Canada as a visitor one month ago, and Lily plans to sponsor him. Carlos doesn't have an employer lined up yet, but is eager to know if he is eligible to work in Canada while the sponsorship gets processed. What is the best possible advice to give? d) No, Gregory and Samantha will not meet the eligibility requirements because they have not been cohabiting for the entire length of their relationship. See the correct answer(s) and the associated eligibility and sponsorship of family members under the IRPA, overseas and in-Canada sponsorship application program, or other related documents. a) Carlos cannot get a work permit because the marriage took place in another country. b) Carlos can get a work permit so long as he acquires an employer in Canada prior to filing the sponsorship. c) Carlos can get a work permit as soon as he qualifies under the Open work permit pilot program. d) Carlos cannot get a work permit because he does not have an employer lined up in Canada. Hide question 14 feedback Question 15 Matthew wishes to sponsor his wife and two youngest children to join him in Canada. He has an older daughter, Courtney, who is 19 years old and is studying at university to become a doctor. She does not wish to join Matthew in Canada with the rest of her family, because she wants to complete her education in her home country and become a doctor there. When filling out the application, Matthew is confused as to whether he should still list Courtney or not in the application forms. What would you advise Matthew in this situation? Open work permit pilot program for permanent residence applicants in the spouse or common-law partner in Canada class (Labour Market Impact Assessment (LMIA) exemption code A70): Link to more information. a) Because Courtney is over the age of 18, she does not need to be listed on Matthew's application forms. b) Because Courtney is choosing to remain in her home country of her own free will she does not need to be included on Matthew's forms. She only needs to include dependent family members who will be processed to join him in Canada through the sponsorship. c) Matthew must list Courtney on the forms even though she does not wish to accompany him to Canada. All dependent family members must be listed in the application forms, whether they are accompanying the applicant to Canada or not. Hide question 15 feedback Question 16 In the context of the Family Class category, what is the accurate requirement regarding medical tests for both the applicant and their dependents? Hide question 16 feedback Question 17 d) Matthew can choose to list Courtney on his forms if he would like, but he isn't required to do so, and there will not be any immigration consequences if he leaves her out. Regulation 2 of IRPA defines the definition of a dependent child. a) Both accompanying and non-accompanying dependents must undergo medical tests in addition to the applicant. b) Medical tests are not obligatory for either the applicant or their dependents. c) The applicant and accompanying dependents are required to undergo medical tests. d) Only the applicant is subject to mandatory medical tests. s. 16 of IRPA and s, 29-30 IRPR. According to the Immigration and Refugee Protection Regulations (IRPR), a foreign national shall not be considered a spouse, a common-law partner, or a conjugal partner if the marriage, common-law partnership, or conjugal partnership is: Hide question 17 feedback Question 18 According to Section 130(1) of the Immigration and Refugee Protection Regulations (IRPR), what are the eligibility requirements for an individual to sponsor a foreign national under the family class or spouse or common-law partner in Canada class? a) solely for the purpose of acquiring any status or privilege under the Act. b) primarily for financial gain. c) entered into without proper documentation. d) a genuine relationship. See IRPR s. 4: Family Relationships/Bad faith 4 (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner, or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or (b) is not genuine. Hide question 18 feedback Question 19 Nour, an applicant for permanent residence in Canada, unintentionally provided incorrect information about her work experience in her application. The immigration authorities later discovered the error and determined it as misrepresentation. What consequence will Nour face due to this misrepresentation? a) The sponsor must be a Canadian citizen or permanent resident, at least 21 years of age, residing in Canada, and have filed a sponsorship application. b) The sponsor must be a permanent resident, at least 18 years of age, residing in Canada, and have filed a sponsorship application in the past two years. c) The sponsor can be any individual regardless of citizenship or age, residing in Canada, and must have filed a sponsorship application. d) The sponsor must be a Canadian citizen or permanent resident, at least 18 years of age, residing in Canada, and have filed a sponsorship application. The correct answer reflects the eligibility criteria outlined in Section 130(1) of the Immigration and Refugee Protection Regulations, which specifies that a sponsor must be a Canadian citizen or permanent resident, at least 18 years of age, residing in Canada, and have filed a sponsorship application. Hide question 19 feedback Question 20 Ahmed is eager to sponsor his mother, who resides in Lebanon. Living with his father, Karim, in Toronto, Ontario, Ahmed faces challenges meeting the minimum income requirements for sponsorship on his own. Fortunately, his father, Karim, a permanent resident of Canada for the past 5 years and divorced from Ahmed's mother, has agreed to co-sign the application. Ahmed is hopeful that the combined income of both himself and his father will fulfill the minimum requirements. Will Ahmed's father, Karim, be allowed to co-sign the application? a) Nour will be required to reapply immediately with corrected information. b) Nour will be banned from applying for permanent residence for 2 years. c) Nour will face a 5-year bar from applying for permanent residence. d) Nour's misrepresentation will have no impact on her permanent residence application. Misrepresentation in a permanent residence application results in a 5-year bar from applying for permanent residence, as indicated in the question. This reflects the consequences of providing false information in the immigration process. a) No, Ahmed's father cannot co-sign the application because he is elderly, and IRCC will not be satisfied that he can meet the obligation for a 20-year undertaking required to sponsor a parent Hide question 20 feedback Question 21 Amelia is excited that her application to be a sponsor for her parents from Honduras has finally been approved. She provided all of the necessary documents and application criteria to Immigration, Refugees and Citizenship Canada (IRCC) and is waiting for her parents to complete their medical tests in order to receive their permanent residence. As part of her application package, Amelia provided her Notice of Assessment from the Canada Revenue Agency for the previous three years, which showed that she was making the minimum necessary income (MNI) to be approved for sponsorship. While waiting for her parents to receive their visas, Amelia was laid off from work or grandparent. b) No, Ahmed's father cannot co-sign the application because only a spouse or common-law partner of a sponsor is permitted to be a co-signer on the sponsorship application. c) Yes, Ahmed's father is permitted to co-sign the application because Ahmed's mother will be moving in with both of them, and they can jointly cover her expenses. d) Yes, Ahmed's father is permitted to co-sign the application as long as he provides proof of income from the Canada Revenue Agency for the three consecutive taxation years immediately preceding the date of the sponsorship application. Karim is not an eligible sponsor or co-sponsor in this case. See ss. 130 and s. 133 of the Immigration and Refugee Protection Regulations (IRPR). and no longer has any income. Will losing her job be a problem even though she has already been approved as the sponsor? Hide question 21 feedback Done Yes, Amelia does need to be concerned and aware that a sponsor must continue to meet the minimum necessary income (MNI) until the day their sponsored family members are granted permanent resident status. No, Amelia does not need to worry because she already gave all of the evidence that was necessary to prove that she met the requirements to sponsor. No, Amelia does not need to worry because no one at IRCC will check to see what her ongoing income is. They only cared about what her previous income was in processing the application. Yes, Amelia does need to be concerned and aware that once her parents arrive, she will have to show IRCC her plan to pay for them to stay with her for a period of 20 years. Under R132(1), the sponsor must prove they have the financial means to support their relatives during the duration of the undertaking. All other responses are incorrect.