- quality and depth of analysis
This is a take-home examination which will require a demonstration of your skills in legal research, writing and analysis. You may not in any way consult with any person in preparing your answers.
It is important that you identify the major legal issues, but quality and depth of analysis – rather than mere issue spotting or recitation of the law in general terms – will be rewarded most. In referring to statutes, you do not need to include full citations.
Be sure that your answers respond to the question. Do not re-state the problem in your answer. Mention the facts where relevant to your legal analysis.
Jeffrey Bing is a 25 year old single male, living in the United States. Jeffrey has never been in any spousal or common-law relationship. Jeffrey is also a citizen of the United States.
Jeffrey is employed by a company in the United States, Machines 101 Inc., where he has been in the position of Service Technician (a NOC 7311 occupation) since May 2014. In this role, he installs a specialized and patented type of manufacturing machinery made only by Machines 101 Inc. Although he only has a high school diploma and no post-secondary education, he has received one (1) month of training with Machines 101 Inc. on the proper installation of these patented machines. He also has five (5) years of general experience providing technical support on manufacturing machines with other companies.
Machines 101 Inc. is a United States corporation, headquartered in Albany, New York, with four hundred (400) employees across the country. Machines 101 Inc. also has a Canadian subsidiary, Canada Machines 101 Inc., headquartered in Toronto, Ontario, with nine (9) technician employees who make an average of CD$26.00 per hour, similar to most other technicians in the Toronto area. Machines 101 Inc. has contacted you because they wish to send Jeffrey to Canada to act as a Service Technician in situations where a client has indicated a problem with the proprietary machinery. Jeffrey would be responsible for: attending client sites across Canada and providing repair and technical support services, included in the warranty for these machines. During his visits to Canada, as required, he will continue to be paid his current salary ($50,000 annually) by Machines 101 Inc.
In this situation, would you recommend that Jeffrey apply for entry to Canada as a business visitor, or would you recommend that he obtain a work permit as an intra-company transferee with specialized knowledge? What is the legal and policy basis for your recommendation?
In preparing your answer, please ensure that you reference the section of the Immigration and Refugee Protection Regulations on which you rely for authorization to work under one of the above-noted categories, as well as utilize and refer to Immigration, Refugees and Citizenship Canada’s policy guidelines, posted on the IRCC website