Retainer Agreement - International Student Guardianship Canada

RETAINER AGREEMENT

I, (Parent’s Legal Name on Passport), residing at (full residential address including city and country), Telephone: XXX-XXXXXXXXX, hereby retain, employ, and give express permission to act on my behalf to Anthony DOHERTY or Cassandra FULTZ, a Regulated Canadian Immigration Consultant (RCIC) of Doherty Fultz Immigration Inc. (DFI), ICCRC Member ID R510956 and R514356, of Doherty Fultz Immigration Inc. (hereafter, DFI) at 2558 Danforth Ave, Suite 202, Toronto, Ontario M4C1L3, Tel: 416-827-8778, as my legal representative with respect to a [Study Permit Application] or [Study Permit Extension Application] [(and/or)Temporary Residence Visa Application] on behalf of my child, (Applicant’s Legal Name on Passport), hereafter the Client/Applicant, to be submitted to Immigration, Refugees and Citizenship, including, but not limited, to the following:

Prepare a document checklist for forms and documents required by Immigration, Refugees and Citizenship Canada.

Counsel and assist both the Client and the Applicant with respect to the proper completion of the application forms and supporting documentation and information required by Immigration, Refugees and Citizenship Canada.

Submit the Application to IRCC on behalf of the Client online via the authorized paid representative portal.

FEES:

DFI will charge a professional fee of CAD$[outlined in retainer agreement hard copy] due to be paid by International Student Guardianship Canada Inc. (hereafter, ISGC) on behalf of the client as follows:

At the time the application is submitted to IRCC.

Fees will be paid via interact e-transfer or cheque.

DISBURSEMENTS:

I understand and agree the professional fees DO NOT INCLUDE (where applicable):

Immigration, Refugees and Citizenship Canada (Government) fees ($150 per study permit application including extensions/$100 per temporary resident visa application);
Courier charges, if applicable;
13% HST (Harmonized Sales Tax);
Translation fees;
Biometric Fees ($85);
Medical exam fee, police clearance fee, or fee to obtain any other document requested by IRCC or relevant authorities;
Visa Application Centre Fees (VAC), if applicable.

I understand that all disbursement fees are per applicant.

I AGREE TO PAY ALL EXPENSES incurred by DFI on my behalf, notwithstanding the final result (i.e. approval or refusal) of the application. I understand that this application will not be submitted to the government until all required fees are paid in full. I understand that should IRCC or any government agency involved in the processing of this application change the fees required before a final decision is made on this application that I am required to pay any such fee. I understand that once this application has been submitted to the government, all fees are non-refundable.

I understand that I may contact my Designate, Jaclyn Anne Bryant, and any staff member at International Student Guardianship Canada (hereafter ISGC) at 137 Browning Avenue, Toronto, Ontario, Canada, M4K1W4, Telephone: 416-792-3585, who will act as my primary point of contact for all immigration matters, and will have access to my documents, immigration file, and pending application status.

REQUIREMENT TO BE TRUTHFUL:

I acknowledge and agree that I must be truthful and accurate in the information and documents I provide. I understand that any inaccuracies may seriously affect the approval of the application. I understand that it is my responsibility to advise DFI of any changes in my contact information such as residential address, mailing address, phone number, or email address, and that failure to do so could result in the refusal of the application due to the inability of DFI or IRCC to contact me.

I understand that I must disclose any prior immigration application refusals of the applicant to DFI before this application is submitted. I understand that failure to disclose any immigration application refusal, for any type of application and any country as well as Canada, will result in the refusal of this application and possible finding of violation of the Immigration and Refugee Protection Act for misrepresentation.

(If applicant is over 18 years old) I understand that if the applicant has any romantic partner at the time of the signing of this Agreement, I must disclose to DFI their name, date the relationship began, and residential address.

I also acknowledge that it is my responsibility to advise DFI of any changes in my situation that may be material to the application, such as changes in the admissibility to Canada of applicants, or changes in relationship status such as a divorce or separation. Should changes such as these occur, any additional work necessary for the application falls outside the scope of this retainer agreement and may result in additional service fees charged by DFI.

I understand that neither DFI nor my representative(s) are responsible for any negative impact on my immigration status or future immigration applications triggered by submission of the application named in this Agreement due to information contained in previous applications submitted to any government agency either by previous representatives or myself which could have contained false or misrepresentative information. I understand that my representative(s) will perform the due diligence reasonably necessary in conjunction with this Application, however they are not responsible for statements made in applications or correspondence with any government submitted prior to this one.

I understand that responsibility for statements and information submitted to any government agency ultimately belongs to the Applicant, and that the onus is on the Applicant to review all information for accuracy prior to submission.

I understand that neither DFI nor Anthony DOHERTY, RCIC, nor Cassandra FULTZ, RCIC, is responsible for the refusal of any application, as only Immigration, Refugees and Citizenship Canada has the power to approve an application; I also understand that DFI does not guarantee the approval of any application as approval is at the sole discretion of Immigration, Refugees and Citizenship Canada.

I understand that DFI is not responsible for application processing times. I understand that processing times provided by DFI reflect the average current processing times listed by IRCC, and are subject to change without notice.

I understand that neither DFI nor either of the RCICs is responsible or liable for tuition fees lost or time lost in a program of study if an applicant is unable to continue to study due to refusal of their study permit application.

I understand that DFI recommends that prior to its expiry, a study permit be extended from within Canada rather than from outside Canada due to the potential for delays in processing outside Canada, which can cause a student to return to Canada too late in the semester to study. I understand that DFI recommends that TRV applications be submitted from inside Canada for the same reason, and that leaving Canada without a valid TRV may result in the applicant being unable to return to Canada in time to participate in their studies.

I acknowledge that in the event of a Force Majeure, or “Act of God,” including inability to access the IRCC representative portal, acts or threats of terrorism or war, disease epidemic or pandemic, natural disasters such as fire, flooding or earthquake, discontinuation of electricity supply, discontinuation of access to the internet, or any other circumstance beyond the control of DFI, DFI is not in breach of its professional or ethical obligations due to non-completion of work.

I acknowledge that it is my responsibility to provide DFI with all documents requested in a timely fashion and in accordance with any deadlines as advised by DFI prior to the submission of the application, and at any time during the processing of the application. I understand that DFI may request additional documents based on the applicant’s circumstances and the other documents and information which has been provided. I understand that refusal to provide documents as outlined by DFI to support the application may result in refusal of the application.

I acknowledge that IRCC may request additional documents at any time during the processing of the application, and in this event I understand that failure to provide these documents within the timeframe stated by DFI or IRCC, this could have a negative impact on my application including the return or refusal of the application. I understand that the decision to submit documents to DFI which are not to the specifications stated may have a negative impact on the application, and DFI is not responsible for the refusal of an application due to improper documentation.

I understand that documents must be provided in a timely fashion, namely within 90 days of the request unless otherwise specified by DFI I acknowledge that should my file be deemed abandoned and closed due to 90 consecutive days without contact despite prior warning of impending file closure by DFI, that reopening of the file will be subject to a $500.00 + HST fee.

CLIENT OBLIGATIONS:

I acknowledge that any communication undertaken with Immigration, Refugees and Citizenship Canada, Canada Border Services Agency, or any other government agency, in the form of an application, statements made at an interview or customs declaration, or any other correspondence within the scope of or effecting immigration by myself, the applicant, or any representative thereof outside the scope of the application(s) named in this retainer agreement is my own responsibility, and DFI is not responsible for the outcome of any such communication, nor its impact on the application(s) named in this retainer agreement.

I understand that if I determine to undertake any such communication with any government agency regarding or within the scope of immigration, that I am obligated to promptly inform DFI prior to this action being taken.

I understand that all communication with DFI will be undertaken in the English language. It is not the responsibility of DFI to provide advice, instruction, or undertake any communication to the Client(s) in any language other than English. Should the Client(s) require communication in any language other than English, it is their own responsibility to obtain an accurate translator.

I understand that all documents submitted to IRCC which are not in English must be translated into the English language as required by IRCC. Doherty Fultz Immigration is not responsible for making sure that translations are accurate. Even in the event that a translation is facilitated by Doherty Fultz Immigration, it is at the sole discretion of IRCC, to accept a translation as accurate. Should translation of any document be required, it is the Client’s responsibility to ensure that such translation provided to Doherty Fultz Immigration is accurate and received in a timely fashion. DFI accepts no responsibility for the negative impact an inaccurate translation has on any application process. Failure to provide a translation by a deadline specified by Doherty Fultz Immigration may result in refusal of the Application.

I understand that by providing a document to DFI for use in my application process, that I acknowledge it to be free of errors or typos, and that it is fit for use in said process. I understand that it is my responsibility to provide all documents requested in usable condition and with error-free content, and that Doherty Fultz Immigration is not responsible for verifying the content in documents belonging to me.

(If applicable) I understand that it is my responsibility to ensure that any expiration of status deadlines are observed, and that the applicant maintains legal status in Canada at all times. Neither ISGC nor DFI is responsible for advising of any such deadlines. I understand that if I do not have legal status in Canada, I am ineligible to submit an application for any type of temporary residence (except restoration of status within the 90-day restoration period) while in Canada, including a study permit, work permit, or visitor status.

I acknowledge that should the applicant’s status in Canada expire, the applicant does not have implied status and is not allowed to work or study while waiting for status to be restored until and unless a positive decision is made on my restoration application [unless the student is studying at the secondary level or below, and is considered a minor in their province of residence].

I acknowledge that excessive communication with DFI staff members via email, phone, unscheduled appearances at the DFI office in person, or any other means is not acceptable and is billable at a rate of $400.00 per hour, with a minimum charge of one quarter of an hour. It is at the discretion of DFI to determine the level of frequency of communication which shall be deemed “excessive.” Should DFI determine that communication initiated by the client is excessive; the client shall be warned to cease and desist under the consequence of possible termination of representation.

I acknowledge that should the Client undertake behavior which is determined by DFI to be abusive, excessively uncooperative, detrimental to the application, or unlawful, DFI reserves the right to terminate the relationship with the Client. In the event of termination, DFI will return any and all original documents to the Client, and retain any fees paid for work which has been completed.

I acknowledge that as of the date of the provision of this document to the Client, the advice and instructions given by DFI are valid. DFI is not responsible for changes in the law or government policies occurring subsequent to the signing of this agreement which may affect eligibility to apply or the outcome of the application(s) named in this retainer agreement.

I acknowledge that the preferred method of communication with DFI is email, which should be sent to [email protected]. DFI will make every effort to respond to communication immediately on the business day it is received. DFI’s service standard is a maximum of 2 business days for response to email or phone communication.

REFUND POLICY:

The Client acknowledges that the granting of a visa or status and the time required for processing this application is at the sole discretion of the government and not the RCIC. The Client is not entitled to any refund based on the refusal of the application. The Client also acknowledges and agrees that, should they provide any false or misleading information; or should they withhold any changes in circumstances relevant to the application; or should unforeseen, subsequent or retroactive changes to the Immigration and Refugee Protection Act or Regulations occur from the date of this Agreement, the Client shall not be entitled to a refund of fees if the application is refused as a result of such change of law or act or omission on the Client’s part. The Client agrees that the fees paid are for services indicated above, and any refund is strictly limited to the amount of fees paid. The Client agrees that no refund can be issued once this Agreement is signed and the work has started on the application.

All unearned monies paid to DFI will be kept in Trust by DFI and will be paid to DFI upon completion of each milestone of the application.

The Client acknowledges that if they instruct DFI to withdraw the application before a final decision is made, issuance of a refund of any processing fees is at the sole discretion of IRCC.

I understand that should DFI be unable to contact me via the preferred method of contact for 60 consecutive days, my file will be closed and placed into storage. I understand that under these circumstances, my client account will be billed at a rate of $500 per 30 consecutive day period that DFI has received no contact from me until the account has a $0 balance, and all monies paid will be considered earned at this time. I understand that a $500 administrative fee will be charged to reopen the file in addition to all fees previously agreed to.

DISPUTE RESOLUTION:

Please be advised that Anthony Doherty and Cassandra Fultz are Regulated Canadian Immigration Consultants (RCIC), and members in good standing of the Immigration Consultants of Canada Regulatory Council (ICCRC), and as such, are bound by its By-laws, Code of Professional Ethics, and associated Regulations.

In the event of a dispute, the Client and the above member are to make every effort to resolve the matter between the two parties. In the event a resolution cannot be reached, the Client is to present the complaint in writing to the above RCIC and allow the RCIC 30 business days to respond to the Client. In the event the dispute is still unresolved, the Client may follow the complaint and discipline procedure outlined by ICCRC on their website:

http://www.iccrc-crcic.ca/public/complaintsDiscipline.cfm

ICCRC Contact Information:

Immigration Consultants of Canada Regulatory Council (ICCRC)

5500 North Service Road, Suite 1002

Burlington, ON L7L 6W6

Toll free: 1-877-836-7543

Please be advised that should you be unable to contact your representative via either phone or email and you believe your representative to be either dead or incapacitated, you are advised to contact ICCRC using the information above.

CONFIDENTIALITY:

All information and documentation reviewed by the RCIC, required by IRCC and all other governing bodies, and used for the preparation of the application will not be divulged to any third party, other than employees, without prior consent, except as demanded by law. My representative, Anthony Doherty or Cassandra Fultz, a Regulated Canadian Immigration Consultant (RCIC), will protect my privacy and treat all information as strictly confidential.

The Client acknowledges that neither the RCIC or DFI is not responsible for any breach of information stored or transmitted online, or anything related to any online system or communication whatsoever.

The Client understands and agrees that although various government entities choose to communicate via email, there are many documented instances where various government entities’ communications have not been delivered to the intended recipient. The Client agrees to release the RCIC and DFI from any responsibility whatsoever for any and all communication that is not delivered to the DFI.

The Client understands that as RCIC is your authorized representative and accesses the IRCC system via the Authorized Representative Online Portal, it is not possible for the Client to gain direct access to their online profile or application as this will breach the confidentiality of all other clients whose information is stored there. The RCIC understands that the Client will want to see that their profile or application is entered into the IRCC online system, and as such the RCIC will supply a system generated copy of the electronic confirmation of the file that has been submitted.

VALIDATION:

The Client acknowledges that they have read this Agreement, understand it, have obtained such independent legal advice as they deem appropriate, have sought translation and agree to be bound by its terms.

Any changes to this retainer agreement must be mutually agreed upon in writing.

This Agreement shall be governed by and interpreted in accordance with the laws of Canada, and shall be binding to the parties hereto, and upon (a) their respective representatives and successors, and (b) the heirs of any individual that is a party hereto.

For the purpose of all legal proceedings, this Agreement shall be deemed to have been performed in Canada, and shall have jurisdiction to entertain any action arising under this Agreement. Each party hereto attorns to the jurisdiction of the courts of Canada.

Signed in______________________ this______day of__________________, 2021.

(city) (day) (month)

_______________________

(Parent’s name on behalf of the Applicant)

_______________________

Jaclyn Anne Bryant – Designate

_____________________

Anthony Doherty

Regulated Canadian Immigration Consultant RCIC# 510956

DFI

_____________________

Cassandra Fultz

Regulated Canadian Immigration Consultant RCIC#514356

DFI

Retainer Agreement – International Student Guardianship Canada

Where To Go From Here