EPE Prep - Regulated Canadian Immigration Consultants (RCICs) PDF

# Regulated Canadian Immigration Consultants (RCICs) ## To become an RCIC, must: - Have completed a graduate diploma program by Queen's University or Université de Montréal within the last 3 years. - Provide criminal record checks for all countries lived in for 6+ months since the age of 18. - Sig...

# Regulated Canadian Immigration Consultants (RCICs) ## To become an RCIC, must: - Have completed a graduate diploma program by Queen's University or Université de Montréal within the last 3 years. - Provide criminal record checks for all countries lived in for 6+ months since the age of 18. - Sign the Statutory Declaration. - Not be bankrupt or subject of wage garnishment. - Submit proof of business registration. - Pay CICC membership fees. - Pass an Entry-to-Practice Exam. ## Ongoing Yearly RCIC Requirements - Must complete the CICC Annual Renewal by June 30. - Must pay CICC membership fees on either a yearly or quarterly basis. - Complete 16 hours of Continuing Professional Development (CPD) between July 1st and June 30th of the following year. - Members on leave receive a 1-hour reduction (from the 16) for each month on leave. - Members on leave must still complete 16 CPD hours. - Must pay an Errors and Omissions insurance on a yearly basis. - Complete mandatory Practice Management Education (PME) Courses within timeframe. ## RCIC-IRB Class of License - This licence allows RCICs in good standing to practise before the IRB as of July 1, 2023. - To obtain this licence, RCICs who graduated from any of the previous diploma programs must complete an Education/Prior Learning Pathway before passing the RCIC-IRB Specialization Exam. ## Ongoing Daily RCIC Requirements - To represent clients for Quebec and/or Saskatchewan, the RCIC must be authorized by the provincial regulatory body. - Must notify, in writing, the CICC and Clients of any changes in contact information within 15 days and respond efficiently to communications. - Must maintain confidentiality during and after retainer for all clients. - *EXCEPTION*: Required to break confidentiality by a Canadian Court or Law, authorized by client, to defend against allegation made by a client, or to collect fees if the client defaulted on payment. - Must refuse to represent clients in a situation with a conflict of interest unless all parties consent in writing. - Must advertise using their RCIC designation, using the CICC insignia appropriately, and must only have testimonials from people who were/are actual clients (and gave written approval). - Must not undertake any task for which is not competent. If is not competent to handle a task, he/she must obtain client approval to work with someone who is competent and licensed in that area or not provide the service. - Must demonstrate loyalty, honesty, civility, trust, compliance. - Cannot discriminate, coerce, intimidate, commit fraud, be dishonest, exploitive, lend money to or borrow money from a client, conduct other business with a client unless a local lawyer has deemed the transaction as fair, or engage in a romantic relationship with a client within 12 months of representing that client. # Client Account - RCICs must have an account designated as a Client Account in the name of the RCIC (business), the Firm where the RCIC provides services or is a partner, or in the name of the partners of the Firm where the RCIC is a partner. - This is usually a chequing or savings account at a Canadian bank and can be in one or more currencies. - *Exception*: RCICs who will not hold client money at any time may be exempted from having a CA by submitting a form to the CICC in the annual renewal and receiving the corresponding approval. - The CA can only contain funds paid by clients related to immigration/citizenship services being provided by the Licensee such as Application fees, Disbursements, and RCIC/Agent fees. - The CA must always have enough funds to maintain day-to-day business activity. - RCIC must choose Model 1 or 2 and use it for the whole audit year: - Model 1: All money received from Clients. - Model 2: All unearned and unbilled money received from Clients. The account can be used for business purposes. - The CA is one account for all clients, but if specifically requested, the RCIC can open an account for only one client. - The interest earned in a Client Account will go to the Memeber's account used for general business purposes, unless the RCIC opens an account for a single client, the interest would then go to that specific CA. ## Deadlines (in calendar days) - 14 days to deposit money received from a client. - 15 days to provide written notice to the CICC of opening or closing a Client Account. Must include bank contact information and account number. - 90 days after each month's end to reconcile Client Accounts and must keep records for 6 years. # Business Registration Requirements ## Registering as an Employee - Current dated letter of employment on company letterhead that includes the Licensee's name, date of employment, job title, brief description of duties and is signed by supervisor, HR department or owner. ## Registering as a Sole Proprietorship - Canadian business licence. - Government-issued statement/certificate of registration. - CRA (or Revenue QC) document with business number. ## Registering as a Firm - The Firm itself must be registered with the CICC. - All partners must be RCICs. - One partner must be designated representative before the CICC. - Must notify the CICC of any changes. - A Firm's registration is automatically revoked or suspended if there is a single Licensee practising through the Firm and his/her licence is revoked or suspended. - If a licensee resigns from the firm and there is no other RCIC, the Firm's registration is revoked. ## Business Name - Must be approved by the CICC Registrar before the RCIC provides services (includes changes to business). - Must clearly inform the public that the business relates to Immigration/Citizenship Services. ## Business Name cannot imply: - Legal services outside the scope of an RCIC, such as holding company. - Connection to a government agency or the 'official' agency of a group. - The 'only' or 'best' RCIC in a certain field. - Partnership with other practitioners or groups where there is none. ## Business Name cannot be: - Too general: ABC Consulting Canada. - Only illustrative: Study Permits Consulting. - XYZ Professional/Law Corporation. # RCICs on Leave - Can apply for leave when the RCIC receives his/her annual or quarterly membership dues invoice and is not practising as an immigration consultant due to family reasons, medical reasons, retirement, working for the government, is engaged in full-time studies, has become unemployed, or other compassionate reasons. - Can apply for leave for 12 months at a time and 24 months maximum in any 5-year period. - All Clients must be notified of leave and files transferred to another authorized representative or returned. - The member may continue to use his/her RCIC title for biographical purposes only during this time. - The member may not engage in working as an RCIC during this time, even on a pro-bono basis. - Must complete PME obligations while on leave or within 6 months of returning from leave. - Must maintain Errors and Omissions insurance, Client Account, updated contact information, respond to the CICC as requested during this time and participate in the Compliance Audit. - Complete CPD leave credits other than the 1-hour reduction for each month on leave. - Membership Dues for RCICs on family leave, medical leave, retirement leave, full-time studies leave, and unemployed leave is $10.00 for each month of approved leave. - Membership Dues for working for government leave is 25% of regular membership fees for each month of approved leave. - May not apply for leave if suspended. # CICC Discipline - The CICC Tribunal Committee's full hearing process is for the most serious RCIC offences. - For less serious offences, an Alternative Dispute Resolution (private discussions/agreements between the parties) may lead to settlements in which the parties agree to not have all the details published. The Tribunal Committee must approve settlements made in an ADR. - The name of any complainant will not be published unless that Complainant has given written permission. - Decisions published on the CICC website may contain the respondent's name, violations, penalties, etc., unless the TC decides to omit this information. - Decisions will be published on the CanLII website without the names of any individuals in the case. ## Penalties - All penalties require the RCIC to correct the error within 30 days and pay fines. Otherwise, the Registrar may suspend or revoke registration (after reviewing Licensee explanation). - Failure to maintain all required information up to date: written warning for first incident, then $100 fine per incident. - Practicing through an unregistered name, sole proprietorship, or firm: $500 fine for first incident, then $1,000 fine. # Retainer Agreement ## Initial Consultation Agreement (ICA) and Retainer Agreement (RA) Requirements - The Initial Consultation Agreement must be signed prior to the initial consultation and must contain: - Contact details of the potential Client, the RCIC, and a description of the CICC's role. - The date of advice, purpose of the consultation, fees, and signatures of both the RCIC and the potential Client. - If the consultation takes place online, an e-signature can be agreed upon. - The Retainer Agreement must be signed before services are provided or, rarely, within 10 days of starting services: - Must be used for all immigration/citizenship services the RCIC will conduct. - Contingency billing is not allowed. - Before the Retainer Agreement is signed: - The RCIC must verify the client's information as best as he/she can from credible sources. - The RCIC must provide a template to the client and ensure there is no other representative the Client has engaged. - If the Client is using two representatives, obtain clear, written instructions from the Client on responsibilities. - During or after an RA is signed, the Client can designate someone to act on their behalf when dealing with the RCIC. This designate is often a family member and the designation must be made in writing. ## For both the ICA and RA: - Must be written in English or French and a signed copy is given to each party. - Must be dated and signed by the Client and RCIC. - Is needed even for pro-bono services. - Any changes to the RA after signing will be initialled by both parties. - A separate Agreement is needed if the Client requests additional services and wishes to retain the RCIC. ## RA is not needed if: - The RCIC is a salaried employee of a non-immigration company and assists the employees of that company with immigration services. - Another RCIC has signed the RA and the addition of the RCIC is initialled by all parties. ## The Retainer Agreement must contain clear information about the following: - Client, Member, and CICC contact details. - The Client's current situation and preliminary advice given by the RCIC. - Confirmation of English or French as the service language and that the Client may need to pay for interpretation/translation fees if needed. - Explanation of the role of the CICC, RCIC, staff of the RCIC, and the Client. - Matter and scope of services. - Category under which representation is sought and list of specific services for the specific Client. - Estimated timelines, fees (even if pro-bono), taxes, disbursements, potential extra costs. - Payment terms, invoice schedule and conditions. - Client obligation to provide accurate and timely information. - Possible request from the CICC to request Client documents. - Method of correspondence/communication. - Outline to protect the Client's confidentiality. - When both parties can terminate the Agreement and what actions to follow. - Complaint procedure. - Refund policy for unused fees. - Authorization for the RCIC to act on behalf of the client for the specific task retained for . - A clause notifying that the fees are not refundable if the application is rejected. - Confirmation that the Client has received the Code. - How to obtain information about their file and processing times. - Instructions for the Client to contact the CICC if the RCIC cannot be reached due to death, incapacitation, or otherwise unable to work. - Other items agreed to. ## Joint Retainer Agreement - The RCIC is not bound by confidentiality within the group. - The RCIC must inform all parties if there is a pre-existing relationship with one of the clients. - The RCIC must withdraw from representing one or all Clients where there may be a conflict of interest. - The Agreement must include the date and signature of both Clients and any RCICs working on the file as well as the responsibilities of each Licensee if more than one RCIC is working on the file. - If two Licensees are working on a file and there is an additional registration qualification needed (such as MIFI or IRB), if one Licensee is accredited to do so, separate RAs are needed for each RCIC. # Client File Management - Must be opened when a Retainer Agreement is signed. - Must be stored in a way that: - Ensures confidentiality and protects against damage. - Separates Client's property from the RCIC's property. - Separates active files from closed files. ## File Requirements - Initial Consultation and/or Retainer Agreement. - All property received and returned must be registered. - The RCIC must account for Client property within 14 days of a request. - The RCIC must deliver Client property within 30 days of a request (if reasonable). ## File Items - Copies of all supporting documents (transcripts, etc.). - Copies of immigration/citizenship applications submitted. - Copies of correspondence, billing, client property, draft documents. - Copy of Client's written authorization of Designate. - Record of all property received and returned, including written acknowledgement by client of property returned. ## Closing a File - All fees have been paid by the Client and all property has been returned, and the Client has been notified that the Retainer Agreement has been completed/terminated. - After a file is closed, the RCIC must: - Add the file to the Closed Files List and include the date the file was closed and projected destruction date. - Keep the file secure for at least 6 years. - When destroying a file, RCIC must record client contact details, services provided, file closing and destruction date. # Withdrawal from Representation ## Obligatory - Discharged by the Client. - If the RCIC informs a client that a certain action is illegal, fraudulent or dishonest, but the client still wishes to follow this course of action. - Conflict of interest. - Lack of competence to handle the matter. ## Optional - Client has deceived the Member. - Client has refused to accept and act upon the Member's advice on a significant matter. - Client has refused to give adequate instructions to the Member. - *In all cases, including withdrawal for non-payment, the RCIC may only withdraw if no serious prejudice to the Client would result and if it is not done for an improper purpose.* ## Actions required upon withdrawal - Return all client property, information, and unearned fees → Issue an invoice for any outstanding fees → Cooperate with successor → Inform agencies where Member's name appears as representative that he/she has withdrawn. ## Actions required on an RCIC Error or Omission that may be damaging to the Client - Inform client → Recommend client seeks legal advice from a lawyer → Inform Errors and Omissions Insurance Provider (EOIP)→ Inform CICC that EOIP has been informed → Decide if withdrawal is mandatory, optional, or preferred. # Agents ## Requirements - The RCIC must register the Agent with the CICC by providing all contact details, including any websites and social media profiles the Agent uses for business. - The RCIC must pay a $500 registration fee for each agent for the first year and $250 each subsequent year. - The RCIC can only work with the agent after registration is confirmed. If there is a refusal, the fee is returned. - The RCIC has 15 days to inform the CICC of any changes regarding the Agent: - Including termination or resignation of the agreement. In this case, the RCIC must include all the Agent's contact information and social media to the CICC once more. - Agreement amendments, initialed by both parties and highlighted. - The RCIC is responsible for any violations of the CICC Code, regulations, bylaws, etc. by the Agent. - Breach of the Agents Regulation results in the RCIC receiving a written warning (first offence), then a fine of $500 for each subsequent offence. If the issue is not corrected (or fine paid) in 30 days, the Agent is de-registered, and the RCIC is suspended or loses designation. ## Agent Agreement - Must be signed/dated before the Agent starts working, with the Member and the Agent both receiving a copy. - If the Agent is a Company, the agreement is between the RCIC and the Company. ## Must contain: - All contact details for both the RCIC and the Agent. - Clear separation of the RCIC vs. Agent's responsibilities and commitments. - Clear information about the RCIC-CICC relationship, how the agent is to handle Client records/property, marketing, confidentiality, conflicts of interest and issues of dispute as per the CICC Code. - Member's responsibilities and expectations, including information about how and when the Agent gets paid, which expenses are paid by the Agent and which are paid by the Member. - Duration of the appointment and the procedures/causes of termination of the Agent Agreement. # Regulated International Student Immigration Advisors (RISIAs) ## To register, RISIAs must: - Have completed a RISIA Education Program within the last 3 years. - Provide RCMP criminal record check. - Sign a Statutory Declaration. - Be working as an ISA at an accredited education institution in Canada. - Pass an Entry-to-Practice Exam. ## RISIAs can - Provide immigration advice only on the topic of Study Permits, Temporary Resident Visas, and how Study Permits relate to other available Canadian immigration programs. ## Ongoing Requirements - Must refer any student needing help outside of RISIAS scope of practice to an RCIC, Lawyer or Quebec Notary. - Have errors and omissions insurance. - Complete mandatory PME courses. - Complete 6 hours of CPD a year (Jul 1st Jun 30th). - Pay CICC registration fees yearly. - Notify the Registrar of changes in employer or employment status within 15 business days. - Work as an ISA at an accredited education institution in Canada for the duration of the time registed as a RISIA. ## RISIAs cannot - Provide representation in immigration/citizenship matters. - Fill out any immigration forms. - Provide immigration advice on any other matter. # Delays - 48 hours: First detention review - 3 days: Decision to resettle a refugee under the Urgent Protection Program - 7 days: Before the hearing, to request a change in the date or time of the proceedings to the RPD - 10 days: Second detention review - 15 days: To apply for leave for Judicial Review if decision made within Canada - 20 days: To respond to a complaint as a Member of the CICC - 30 days: Minimum delay for a Judicial Review hearing (unless parties agree an earlier day) after leave granted - 45 days: To appeal a removal order - 60 days: To file a residency obligation appeal - 90 days: Maximum delay for a Judicial Review hearing after leave was granted - 1 year: To apply for PR as family member outside Canada, after the protected person became PR - 2 years: Validity of the previous PRRA results # Inadmissibility ## Under grounds of: - Security: Espionage, subversion (attempts to overthrow a government, etc.), violence or terrorism, membership in an organization involved in any of these in the past, present or future that would be contrary to Canada's interests, OR being a danger to Canada, engaging in acts of violence that would or might endanger the lives or safety of persons in Canada. *Deportation* - Human / international rights violations: War crimes, crimes against humanity, being a senior official in a government engaged in gross human rights violations, or subject to international sanctions. *Deportation* - Serious criminality (A36.1): Committing a serious crime, including driving while under the influence of drugs or alcohol, that would be punishable by a maximum prison term of at least 10 years in Canada. *Deportation* - *Conditional deportation* (Record Suspension, Acquittal, Young Offender, Rehabilitated, Contravention) - Other criminality (A36.2): Having been convicted of an indictable crime or two offences not arising out of a single occurrence or committing a crime upon entering Canada. *Deportation* - *Conditional deportation* (Record Suspension, Acquittal, Young Offender, Rehabilitated, Contravention) - Organized criminality (A37): Member of an association that takes part in organized criminal activity, people smuggling, trafficking or money laundering. *Deportation* - Health (A38): If their condition is likely to endanger public health or public safety, or cause excessive demand on health or social services ($25,689+ per year) - Financial (A39): If are unable or unwilling to support themselves and their family members. *Deportation* - *Conditional deportation* (Family of PR; Refugee Claimant/Protected Person (or family of...)) - Misrepresentation (A40): Providing false information or withholding information directly related to decisions made under the Act or having a sponsor who did, or vacated claim for protection. Also includes loss of citizenship by obtaining PR through fraud. *Deportation* - *Conditional deportation* (Family of PR; Refugee Claimant/Protected Person (or family of...)) - Non-compliance with the Act (A41): Fails to appear, fails to establish that holds visa/document, fails to leave Canada by end of authorized period, unauthorized work/study, did not comply with requirement or obligation. *Departure* - Inadmissible family members (A42): Failed to obtain authorization to return or accompanying or non-accompanying family member is inadmissible (does not apply to permanent residents or protected persons). *Deportation* - *Departure* (Same as the inadmissible family member) ## Removal Order - Deportation - Exclusion - Departure ## Authorization to return to Canada (ARC) - Needed within 1 year after the RO has been enforced - (Misrepresentation cases 5 years Canada/QC) - Always Needed - Not needed # Eligibility for Rehabilitation ## Commission vs Conviction - CONVICTION of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than 10 years. - COMMISSION of an offence outside Canada that, if committed in Canada, would be an indictable offence punishable by a maximum term of imprisonment of less than 10 years. - CONVICTION or COMMISSION of an offence outside Canada that, if committed in Canada, would be punishable by a maximum term of imprisonment of 10 years or more. - CONVICTION for two or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences. ## Rehabilitation period - At least 10 years after completion of the sentence imposed - 5 years after completion of the sentence imposed - At least 10 years after commission of the offence - 5 years after commission of the offence - N/A - 5 years from completion of the sentence or commission of the offence - At least 5 years after the sentences imposed were served or to be served - N/A ## Seriousness - Less serious: Maximum prison term: 2 years - Theft under $5,000, failure to comply with probation order - Moderately serious: Maximum 5- 10 years - Theft/fraud over $5,000, arson, robbery, DUI - Most serious: 10-life - First degree murder, second degree murder, manslaughter, hijacking, kidnapping, and hostage taking - *If DUI happened before December 18, 2018 = Criminality (maximum prison term of 5 years)* - *If DUI happened as of December 18, 2018 = Serious criminality (maximum prison term of 10 years)* - *Must not have committed or been convicted of any other indictable offence* # Refugees ## Safe 3rd Country Agreement - Refugee claimants must make a claim in the first country they arrive in (Canada or US). - Claimants will *NOT* be eligible to apply for protection if the applicant goes through the US, then to a Canadian POE by: US/Canada land borders, train, and airports (only if a refugee claim was already rejected by the US). - Claimants are not subject to this agreement if they cross into Canada illegally. - Refugee claimants can make a claim in Canada, even if they are ineligible for the above reasons, if they meet one of the following exceptions: ## Refugee claimant must have: - A family member (in this agreement): legal guardian, spouse, child, parent, sibling, grandparent, grandchild, uncle, aunt, nephew, niece, common-law partner; who: - Is a Canadian citizen, PR, made a claim for refugee status in Canada that has been accepted by the IRB, has had a removal order stayed on H & C grounds, is the holder of a valid work or study permit, or is 18+ years old and has a claim for refugee protection that has been referred to the IRB for determination. ## Unaccompanied minors exception - Refugee claimant must be under 18 years old and: - Not accompanied by their mother, father or legal guardian; - Have neither and a spouse nor common-law partner; and - Does not have a mother, father or a legal guardian in Canada or the United States. ## Document holder exception - Refugee claimant must hold a valid Canadian study permit, work permit, or visa (not transit visa), other valid admission document by Canada, is not required (exempt) to get a TRV to enter Canada but requires a U.S.-issued visa to enter the US. ## Public interest exception - Refugee claimant may qualify if: Has been charged with or convicted of an offence that could subject them to the death penalty in the United States or in a third country. However, a refugee claimant will be ineligible to have his or her claim referred to the IRB if he or she has been determined to be inadmissible to Canada on grounds of security, violating human or international rights, or serious criminality. ## Human Rights Defenders - This stream includes human right advocates, journalists and humanitarian workers facing criminal acts, arbitrary arrests, torture, and threats. - The HRDs are screened and assessed by Front Line Defenders, Protect Defenders or the UNHCR, and then referred to IRCC by the UNHCR to be processed. # Convention Refugee and Person in Need of Protection Exclusions ## 1E Exclusion - Ability to return to/go to and remain in another country or gave up that right willingly. ## 1F Exclusion - Crimes against peace, war crimes, crimes against humanity (includes guilty state of mind, part of a widespread or systematic attack, directed against any civilian population, his or her act comprised a part of that attack), serious non-political crime, and acts contrary to UN principles. ## Acceptable Defenses - Duress: evil threatened him or her was on balance greater than or equal to the evil which he or she inflicted on the victim. - Superior Orders: NOT VALID if the order offends the conscience of every reasonable, right thinking person. - Military Necessity: military action carried out was justified by the general circumstances of battle. - Remorse: NOT VALID and does not play a role in decision. - Complicity: NOT VALID if did not physically commit the crime, but voluntarily made a significant and knowing contribution, including aiding, counselling or instigating a 1F crime. # Grounds for Protection ## Convention Refugee - Risk to life or risk of cruel and unusual punishment - Danger of torture ## Person in Need of Protection - Risk to life or risk of cruel and unusual punishment - Danger of torture ## 1. Identity - Can identify themselves through acceptable documents. If the person does not have these documents, the person has a reasonable explanation why and has made efforts to obtain such documents. ## 2. Country - Is outside of each of their countries of nationality or habitual residence (if stateless). ## 3. Exclusion - Is not subject to Refugee Convention 1E or 1F Exclusion. ## 4. Harm feared - Sustained or systemic violation of fundamental rights: Life threatening or grossly disproportionate to the inherent seriousness of the offense. - Persecution, not discrimination or prosecution: Risk not generally faced by others. Risk not caused by inability to provide adequate medical care. Risk is not inherent to lawful sanctions, unless imposed in disregard of accepted international standards. - An act where severe physical or mental pain or suffering is intentionally inflicted. Lawful sanction exception: does not include pain or suffering arising from, inherent in or incidental to lawful sanctions. ## 5. Agent of harm - State or non-state agent: An act where severe physical or mental pain or suffering is intentionally inflicted. Lawful sanction exception: does not include pain or suffering arising from, inherent in or incidental to lawful sanctions. ## 6. Reason for harm - Nexus: Race, Religion, Nationality. Particular social group. Political opinion. - Purpose: No prescribed factors or purpose. - Obtaining information or confession, punishment, intimidation, coercion, or - Any reason based on discrimination. ## 7. Fear - Fear is objectively well-founded and likely to affect the claimant personally. ## 8. Risk of harm - Risk is personal, and assessment is forward-looking. ## 9. State protection - Must show, on a balance of probabilities, that adequate state protection is not available. ## 10. Internal Flight Alternative (IFA) - Not possible in any circumstance and not objectively reasonable. ## 11. Cessation of Protection - Despite meeting the above requirements, a person could be rejected as a Convention Refugee or Person in need of protection if: - Re-availed himself to the country by going there or reinstating nationality. - Obtained a new nationality in a safe country other than Canada. - Conditions in the country changed such that there is, on a balance of probabilities, no risk of #4. Exception: The person suffered such trauma that should not be sent back to that country, despite change in conditions. # Pre-Removal Risk Assessment (PRRA) - CBSA will inform the rejected refugee claimant if he/she is eligible to apply after receiving a removal order. - The PRRA will suspend the RO until a decision is reached, or the claim is abandoned or withdrawn. ## Cannot apply for a PRRA - Ineligible claimants under Safe 3rd Country Agreement grounds, protected persons and Convention refugees by another country, persons subject to extradition. - If inadmissible under 1E, 1F, or for serious/organized criminality, danger to public, human rights violations. - withdrawal/abandoned/negative decision on a refugee or PRRA claim before the IRB in the past 12 months. - *EXCEPTION*: changes in the country of origin that would make the claimant eligible for protection or a stay of the removal order OR the country is on the exemption list. # Humanitarian and Compassionate Reasons (H&C) - Application may proceed even if the applicant is not in Canada. - Application is based on family ties, best interest of children, how settled applicant is, and repercussions if rejected. - Eligible to apply if a removal order has been issued but does not suspend it. - Will not assess risk factors or cost and inconvenience of returning to country of origin. - Concurrent PRRA and H&C applications are allowed. - Irregular arrival Designated Foreign National: must wait 5 years to apply for H&C from the date became DFN, received negative IRB/PRRA decision. ## Restrictions - Having an unresolved refugee/H&C/PR application. - If eligible to apply for PR as a spouse, caregiver, protected person, refugee, or temporary resident. - If inadmissible for security, human rights violations or organized criminality. - withdrawal/abandoned/negative decision from IRB in the past year unless withdrawal happened prior the RPD hearing. - *EXCEPTION*: children under 18 adversely affected or applicant and/or child has life threatening medical condition that cannot be treated in home country. # Refugee Sponsorship - Must be a recognized Convention refugee by UNHCR or foreign state (allowed to live there) and be outside Canada. - Must not have a previous sponsorship rejection. - *EXCEPTION*: changes in Canadian laws or circumstances, new information. - Refugee's country situation has not changed, allowing for safe return. - Sponsor must provide emotional and financial support for 1 year and live in/have representatives in the area refugee will settle. Financial support generally equals the prevailing rate of social assistance and can be adjusted based on situation after arrival. ## Sponsor Categories - **Sponsorship Agreement Holder (SAH)** Incorporated organizations that have signed a sponsorship agreement with IRCC. - **Constituent Groups (CG)** Organizations authorized by a SAH to sponsor under its agreement and provide support to refugees. - **Co-Sponsors** Individuals or organizations partnering with a SAH or CS to deliver settlement assistance and support. - **Group of 5 (G5)** The 5 sponsors must be 18+ years old, Canadian citizens or PR. Organizations incorporated or not, for profit or not. Their members must be 18+ years old, Canadian citizens of PR. - **Community Sponsor (CS)** Organizations incorporated or not, for profit or not. Their members must be 18+ years old, Canadian citizens or PR. - **Blended Office Referred (BVOR) and Joint Assistance Sponsorship Program (JAS)** provides 6 months of financial support privately + 6 months from the government. JAS is for special needs refugees and provides support for 24-36 months. # Students ## Regular Stream Requirements - Valid passport or travel document. - Proof of financial support including enough money to pay for tuition, living and return travel expenses for the student and family members (if applicable). - Acceptance Letter from a post-secondary Designated Learning Institution (DLI) in Canada. - Police certificate and medical examination might be required. - A Quebec Acceptance Certificate (CAQ) if want to study in Quebec. - Required for programs of more than 6 months in duration, programs of any duration if the applicant is not fully vaccinated, programs including a coop or internship, a minor accompanying a parent who is in Canada as a visitor. ## Direct Stream Requirements - Available to legal residents (currently living in) of Antigua and Barbuda, Brazil, China, Colombia, Costa Rica, India, Morocco, Pakistan, Peru, Philippines, Saint Vincent and the Grenadines, Senegal, Trinidad and Tobago, and Vietnam. - Guaranteed Investment Certificate (GIC) of $10,000 from a Canadian financial institution. - Proof of paid tuition fees for the first year of study. - Take an in-person authorized language test. ## Study Permit - *Not required for*: - Family or staff member of a foreign representative accredited by Global Affairs Canada. - Member of a foreign armed force under the Visiting Forces Act. - Citizen of another country with registered Indian status in Canada. - Minor children attending pre-school or kindergarten. - Minor children who are refugees or refugee claimants or whose parents are refugees or refugee claimants. - Minor children in Canada accompanying a parent who is allowed to work or study in Canada, and will attend pre-school, primary or secondary school (in Quebec, CAQ may be required). - Provincial/territorial settlement and integration courses. - Holders of a WP issued on or before June 7, 2023, or who applied for a WP extension on or before June 7, 2023. ## Validity - For primary school (grades 1 to 8): 1 year and can be renewed in Canada. - For secondary school (grades 9 to 12), college or university: same length of study program plus 90 days (maximum 4 years). - For minor children studying in Quebec: same length as the Quebec Acceptance Certificate (CAQ). ## Who can apply within Canada - Spouse/Common-Law and family members being sponsored who are in Canada and have applied for PR. - Person or family members holding a study or work permit. - Protected persons and their family members. - Temporary Resident Permit Holders (permit must be valid for at least 6 months). - Students who have completed a short-term course that is a condition for acceptance at a DLI. - Family or staff member of a foreign representative