Reference no: EM134010082

Question

Tomas wishes to apply for permanent residence under the Federal Self-Employed Category. He is a well-known jazz musician who writes and performs his music. He has worked as a musician for the past 6 years and has gained several international jazz awards. He has a full portfolio of songs he has written and recorded. Tomas won two Grammy Awards for Best Contemporary Jazz Album and his songs have reached the top 10 on local and international radio.

Tomas is 44 years old; he has been married but is now divorced and has three children from his marriage. His daughter Maria, 18, is a university student who does not intend to accompany him to Canada, and his son Jose, 25, served for two years in the military and is now working. He has one other child, Sabrina, who is 8.

Tomas was born in Argentina in Buenos Aires (his mother's home city) on April 1. Both his parents were born in Argentina. He grew up at his parent's home at 7449 Vaia Blanca, Agva Azul, Las Pampas, Argentina. His phone number is (540) 699-5952.

He can speak English a little. He tells you he has no interest in politics and has never been politically active. He received his Bachelor of Arts from the University of Buenos Aires in Jazz Studies. Before entering university, he did compulsory military service for six months following his 18th birthday.

Tomas's father, Eduardo, was born July 16, 74 years ago, and died July 15, 10 years ago. His mother was born November 15, 64 years ago, and still lives in Buenos Aires. She has kept her maiden name of Cilia Eva Margarita.

Tomas has a girlfriend of 5 years. They have talked on and off about marriage. She (Candela Vetrano) is not keen on going to the wilds of Canada, but Tomas believes that he can tell her to move once she learns more about the country. He hopes that within a year or so of moving to Canada she will be ready to start planning a wedding.

Candela's present occupation is "singer/recording artist". A young, unmarried girl from a rich ranching family, she attended university where she met Jose. She has her B.A. in the Arts majoring in Music Performance. She is competent in written English and can speak the language reasonably well.

Tomas advises you that his youngest child, Sabrina, has Down's Syndrome, and is currently in a care facility.

1. Does Tomas qualify under the business class, self-employed category? Explain your answer.

2. How much would Tomas be required to invest in Canada to qualify as the self-employed category?

3. Recall the definition of a "dependent child" presented in Chapter 7. How many children must Tomas claims as "dependents" on the IMM 0008 generic form.

4. Recall the requirements for admissibility to Canada in Chapter 3. Would Sabrina's disability affect Tomas's application for permanent residence in the self-employed category? Refer to the appropriate section(s) of the IRPA and IRPR to support your position.

5. Tomas asks you about his girlfriend. What options could he suggest to her if she wants to come with him to Canada?

To complete the application

a. Assume there is a possibility of success despite Sabrina's condition,

b. Create facts for details necessary to complete the application forms consistent with the assignment (that is, do not create details that would change the nature of the assignment).