Retainer Agreement - PR Card Application (Regular or Urgent Processing)

I 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, at 2558 Danforth Ave, Suite 202, Toronto, Ontario M4C 1L3, Tel: 416-827-8778, as my legal representative with respect to a Permanent Resident Card Renewal Application to be submitted to Immigration, Refugees and Citizenship Canada (IRCC), 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 the Client 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.

FEES:

DFI will charge a professional fee of CAD$417.87 + HST (regular service) or CAD$957.87 (urgent service) to be paid by the client at the time of signing of this Agreement.

This fee includes the following:

Canadian Government fees ($50.00);
Courier charges ($30.00);
DFI Professional Fee;
13% HST (Harmonized Sales Tax).

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.

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, or any other government agency to contact me.

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 IRCC 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 IRCC.

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.

(If applicable) I understand that both I and my spouse/partner are clients of DFI Inc., and as such, mutual disclosure must be observed. All information disclosed by one spouse/partner may be disclosed to the other spouse/partner, and no information disclosed by one spouse/partner may be withheld from the other spouse/partner.

(If applicable) I understand that upon approval of an application for permanent residence, it is the Client’s responsibility to advise IRCC if their initial permanent resident card is not received via Canada Post. DFI is not responsible for permanent resident cards which are not received directly from IRCC.

(If applicable) I understand that as an applicant for a permanent resident card living outside Canada, I will be required to pick up my PR card from an IRCC office located within Canada upon approval of my application. I acknowledge that under no circumstances will a permanent resident card be sent to an address outside Canada. I understand that I am subject to examination by an immigration officer before my PR card will be released to me. As such, an immigration officer may make a decision not to release the card based upon their discretion.

I acknowledge that all information provided on an application for a PR card constitutes a sworn declaration and I am solely responsible for all statements made therein, including disclosure of dates outside Canada during the relevant period.

I understand that my application for a PR card may experience processing delays and that additional documentation may be requested at any time by IRCC.

I understand that if I am issued a Residency Determination by IRCC in response to this application for a PR card that this work falls outside the scope of the PR card application named within this retainer agreement, and therefore carries additional fees should assistance be desired from DFI

I acknowledge that in the event of a Force Majeure, or “Act of God,” including acts or threats of terrorism or war, inability to access the IRCC representative portal, 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 Inc., 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 acknowledge that applicable government authorities 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 the applicable government authorities, 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 DFII 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 Inc., that reopening of the file will be subject to a $500.00 + HST fee.

CLIENT OBLIGATIONS:

I have been advised and I understand that I should not leave Canada without a valid PR card. I understand that if I leave Canada without a valid PR card in my possession, that I will NOT be allowed to board a plane or other commercial carrier to Canada. I acknowledge that any expenses or inconveniences incurred due to the Applicant having left Canada without a valid PR card are solely my responsibility, and that DFI is not responsible for any costs or inconveniences which may arise from having done so. Further, I acknowledge that any work which arises out of the Applicant having left Canada without a valid PR card is outside the scope of work of this application, and carries additional professional fees for assistance or representation.

I understand that if my application for a PR card is submitted while I am outside Canada, that the PR card will be sent to a local IRCC office in Canada once it is produced and must be picked up from this location within 180 days. I understand that if my current PR card is expired, I must apply for a PR travel document in order to fly to Canada via commercial airline, or enter Canada through the US land border to pick up my PR card. I understand that an application for a travel document, if necessary, is outside the scope of this application and not included in this service.

I understand that as part of this application for a PR card, that it is my responsibility to provide photographs to the exact specifications instructed by IRCC to be submitted with the application, regardless of whether I reside in Canada. I understand that IRCC is extremely strict with regard to the quality and information necessary to be provided with photographs, and that failure to provide photos which meet these standards may cause my application to be returned unprocessed. Should my application be returned twice, I will be considered in breach of this retainer agreement for failure to provide the required documents, and the retainer agreement will be terminated.

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, 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. 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 whichever government agency it is being submitted to, 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 I maintain legal status in Canada at all times. DFI is not responsible for advising of any such deadlines.

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, 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 understand that at upon receipt of a final decision by IRCC, this retainer agreement and representation will be terminated. The term of this retainer agreement and representation may also be terminated at the discretion of the RCIC in the event of the breach of its terms by the Client(s) named herein.

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 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 should decide not to proceed with the application or end this contract before submission of the application for any reason, there will be a minimum withdrawal fee $500.00 or the full professional fee – whichever is less – and $400.00 charged for each hour of work already completed on behalf of this application. These fees will be deducted from the retainer deposit.

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 that the Client believes their representative to be deceased or incapacitated, they are advised to contact ICCRC using the information below.

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 RCIC and all other governing bodies, and used for the preparation of the application will not be divulged to any third party, other than employees or other persons under contract to DFI Inc., 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.

Retainer Agreement – PR Card Application (Regular or Urgent Processing)