2020 - Employer Driven Programs - Retainer - Job Search
2020 - Employer Driven Programs - Retainer - Job Search
2020 - Employer Driven Programs - Retainer - Job Search
RETAINER AGREEMENT
Type of Case: Skilled Worker Categories (Job Search, Express Entry, PNP)
1. Contact Information
CLIENT / Designate:
Between:
Main Applicant’s Name:
Spouse:
CLIENT’s Address:
CLIENT’s Contacts:
CELL:
EMAIL:
AND
Regulated Canadian Immigration Consultant (RCIC)
RCIC Name: Ramin Asadi
RCIC Address: 4789 Yonge St. Suite 819, Toronto, ON,
M2N 0G3, Canada
RCIC Contact: Tel: (416) 410-5508 Fax: (905) 695-0301
info@itc-canada.com www.itcimmigration.com
The CLIENT asked the RCIC, and the RCIC has agreed, to act for the CLIENTs in the
following matters:
Registration fee entitles the CLIENT to receive all the following services, for a period of 12
months or until RCIC locates an employer for the CLIENT; or when the CLIENT is invited to
apply, or become eligible to apply under one of the provincial Express Entry Streams (whichever
comes sooner).
d) Create an Express Entry Profile for the CLIENT, once and if the CLIENT is or become
eligible.
If applicable, RCIC creates an Express Entry profile for the CLIENT in such a way that the
CLIENT has a chance of being invited to apply under any of the Provincial Nominee Programs
that don’t require a job offer. These programs include:
* EOI means Expression of Interest. Some Provincial Programs select their candidates directly
from the Express Entry pool and some others require that the applicants submit and Expression
of Interest to the province.
e) Register the CLIENT’s Express Entry Profile with Canada’s Job Bank.
The Job Match feature will match your profile with job postings on Job Bank. Your
specific criteria (skills, education, experience and location) are matched to job postings
requiring similar criteria. Employers can see your profile and invite you to apply for the
job.
f) Assist the CLIENT in order for him or her to obtain an LMIA exempt job offer required
to apply under any of the following programs:
Atlantic Immigrant Pilot Program (AIPP)
Rural and Northern Immigration Pilot (RNIP)
BC Tech Pilot
BC Express Entry – Healthcare Professionals
BC Skilled Worker
g) Assess the CLIENT for the following programs. These programs are subject to a separate
agreement, if applicable:
Saskatchewan Occupation-in-demand Stream – EOI
All other skilled worker programs
All business and Entrepreneur programs
Any other path leading to permanent residence
2.2. In consideration of the fees paid, the RCIC agrees to the following in regards to an
application for Permanent Residence under any of the routes named above, and when the
CLIENT becomes qualified to apply for permanent residence and/or when a job is located for the
CLIENT, under any routes named above:
Forthwith pay the processing fees levied by the processing visa office. The CLIENT
would be responsible for any adverse effect on the case due to delay/ non-payment of
processing fee charges by immigration Authorities;
If there are any changes in the visa processing fee, or any other fees levied by the
Authorities they would be borne by the CLIENT.
CLIENT has a duty to accept and act upon RCIC’s advised on all matters relating to
his/her case.
4. Billing Method
The CLIENT will be billed based on flat fee. Taxes are extra where applicable.
5. Payment Schedule
The "complete fee" to be paid by the Applicant is $25,970 CAD (plus taxes where applicable),
and will be made payable to the Client Account. This fee will be paid in installments as per the
following schedule:
1st Payment – Registration Fee - Upon signing of this Retainer Agreement: $1,970 CAD
nd
2 Payment – Upon completion of Educational Credential Assessment (ECA) $500 CAD
3rd Payment – Prior to Application for any of the following: $5,000 CAD
- Endorsement Letter from community under RNIP
- Recommendation Letter from Next Stop Canada under AIPP
- An Express Entry Provincial Stream
The payment received under 3rd installment of the agreement will be kept with RCIC IN TRUST
as the CLIENT’s property until such time that the 4th installment becomes payable. In case one
year is passed with no further progress, the full amount of 3rd installment shall be refunded to the
CLIENT upon CLIENTS request to terminate the agreement.
4th Payment - Prior to Application for any of the following: $15,000 CAD
- Rural and Northern Immigration Pilot (RNIP)
- Atlantic Immigration Pilot Program (AIPP)
- Canada’s Express Entry Program
The payment received under 4th installment of the agreement will be kept with RCIC IN TRUST
as the CLIENT’s property until the CLIENT in legally authorized to Come to Canada and start
working for the employer. If RCIC cannot help the CLIENT to arrive in Canada, resulting the
cancellation of job offer, and the CLIENT has performed all his duties, the full amount of 4 th
installment shall be refunded to the CLIENT.
-
5th Payment – After confirmation of submission of application to IRCC $1,750 CAD
th
6 Payment – After final decision from IRCC $1,750 CAD
Professional fee of RCIC outlined in clause 5 of this agreement exclude all government fees,
third parties’ processing fees, translation costs, courier costs, medical examination costs, fax
costs and bank transfer costs.
There is an additional fee (plus taxes if applicable) for any of the following conditions, if
applicable:
Preparing an standard Canadian Format Resume and Cover Letter for CLIENT: $500
CAD (Plus $250 for spouse, if applicable)
For all services stated under article 2.2 of the contract under Registration Fee there will
be an additional fee of $1,970 if the services also provided for the spouse of the CLIENT.
Application for Educational Credential Assessment (ECA) for spouse (if applicable):
$500 cad
Application for temporary residence visa (if applicable): $1000 for each person
payable by the CLIENT in 2 equal installment (Prior to application and after final
decision)
If your occupation is regulated: minimum $1,000 for licensing procedure subject to a
separate agreement
7. Refund Policy
The CLIENT acknowledges that 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
agrees that the fees paid are for services indicated above.
RCIC will not refund any of the professional fees charged and shall be entitled to full payment of
professional fee as per this agreement if:
The CLIENT does not cooperate in filling the application for permanent immigration
with the immigration authorities;
The application is withdrawn by the CLIENT at any stage;
The application gets rejected due to false information, misrepresentation, fraud, medical
or security inadmissibility or failure by the CLIENT to adhere to the terms and conditions
of this agreement;
The application gets rejected because of CLIENT’s withholding relevant information at
any time during the processing of the immigration application or at the time of interview
with visa officer;
The application gets rejected because of CLIENT’s withholding relevant information at
any time during the processing of the immigration application or at the time of interview
with visa officer;
CLIENT does not co-operate in the finalization of immigration case;
CLIENT fails to satisfy the immigration officer of his/her educational level, occupational
experience, qualifications, language abilities, and truthfulness of information submitted;
The application gets rejected for breaches of security, criminal convictions and pending
charges.
The Client agrees that the fees paid are for services indicated above (Articles 5 and 6), and any
refund is strictly limited to the amount of fees paid. Unused fees will be refunded directly to the
CLIENT within 30 days of termination of this agreement.
Late Payment Penalty. Should any payment, or of any other sum due hereunder, be received by
RCIC more than thirty (30) days after its due date, unless authorized by the RCIC, the CLIENT
shall pay a late payment penalty equal to fifteen PERCENT (15%) per annum on the amount
then due for the actual number of days that such payment is past due.
8. Language Proficiency
The CLIENT agrees to provide the results of the following approved language tests in
accordance to levels confirmed on the table below. In case the CLIENT doesn’t provide such
results, or if the CLIENT’s application is refused for the reason of not providing such results, the
CLIENT will not receive refund for any professional fees paid by the CLIENT.
9. Dispute Resolution
Please be advised that RAMIN ASADI is a member in good standing of the Immigration
Consultants of Canada Regulatory Council (ICCRC) and as such, is bound by its By-laws, code
of professional ethics, and associated regulations.
In the event of a dispute, the CLIENT and RCIC 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 RCIC and allow the RCIC 30 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://iccrc-crcic.ca/AboutUs/public/complaintsDiscipline.cfm
NOTE: All complaint forms must be signed.
10. Confidentiality
All information and documentation reviewed by the RCIC, required by CIC and all other
governing bodies, and used for the preparation of the application will not be divulged to any
third party, other than agents and employees, without prior consent, except as demanded by law.
The RCIC, and all agents and employees of the RCIC, are also bound by the confidentiality
requirements of article 8.1 and 8.5 of the code of professional ethics.
The CLIENT agrees to the use of electronic communication and storage of confidential
information. The RCIC will use his best efforts to maintain a high degree of security for
electronic communication and information storage.
The RCIC’S failure to perform any term of this retainer agreement, as a result of conditions
beyond his control such as, but not limited to, governmental restrictions or subsequent
legislation, war, strikes, or acts of god, shall not be deemed a breach of this agreement.
The CLIENT acknowledge that if the RCIC is asked to act on the CLIENT behalf on matters
other than those outlined above in this Agreement, or because of a material change in the
CLIENT circumstances, or because of material facts not disclosed at the outset of the
application, or because of a change in government legislation regarding the processing of
immigration-related, applications, the agreement can be modified accordingly upon mutual
agreement.
13. Other
13.1 In the event citizenship and immigration Canada (IRCC) or Human Resources Skills and
Development Canada (HRSDC) or any other related Canadian authority should contact the
CLIENT directly; the CLIENT are instructed to notify the RCIC immediately.
13.2 The CLIENT is to immediately advise the RCIC of any change in the marital, family, or
civil status or change of physical address or contact information for any person included in
the application.
13.3 The CLIENT understands that he/she must be accurate and honest in the information
he/she provides and that any inaccuracies may void this agreement, or seriously affect the
outcome of the application or the retention of any status he/she may obtain.
13.4 In the event of a joint retainer agreement, pursuant to article 13 of the code of
professional ethics, the CLIENTs understand that no information received in connection with
the matter from one CLIENT can be treated as Confidential so far as any of the other
CLIENTs are concerned (article 13.1.1) and that if a conflict develops that cannot be
resolved, the RCIC cannot continue to act for both or all of the CLIENTs and may have to
withdraw completely (article 13.1.2).
14. Termination
14.1 This agreement is considered terminated upon completion of tasks identified under section 2
of this agreement.
14.2 This agreement is considered terminated if material changes occur to the CLIENTs
application or eligibility, which make it impossible to proceed with services detailed in section 2
of this agreement.
14.3 This agreement may be terminated, upon writing, by the CLIENTs, at which time any
outstanding fees or disbursements will be refunded by the RCIC to the CLIENTs/any
outstanding fees or disbursements will be remitted by the CLIENTs to the RCIC.
14.4 Pursuant to article 14 of the code of professional ethics, this agreement may be terminated,
upon writing, by the RCIC, provided withdrawal does not cause prejudice to the CLIENT.
14.5 This agreement may be considered terminated, upon writing, by the RCIC or CLIENT if no
job is located for the CLIENT within 12 months after signing this agreement, or if no Invitation
to Apply is received for the CLIENT under any of the programs stated in article 2.
This Agreement shall be governed by the laws in effect in the Province of Ontario and the
federal laws of Canada applicable therein and except for disputes pursuant to Section 10 hereof,
any dispute with respect to the terms of this Agreement shall be decided by a court of competent
jurisdiction within the Province of Ontario, Canada.
16. Miscellaneous
16.1 The Client expressly authorizes the RCIC to act on his/her behalf to the extent of the
specific functions which the RCIC was retained to perform, as per Section 2 hereof.
16.2 This Agreement constitutes the entire agreement between the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings, warranties,
representations, negotiations and discussions, whether oral or written, of the parties except as
specifically set forth herein.
16.3 This Agreement shall be binding upon the parties hereto and their respective heirs,
administrators, successors and permitted assigns.
16.4 This Agreement may only be altered or amended when such changes are made in writing
and executed by the parties hereto.
16.5 The provisions of this Agreement shall be deemed severable. If any provision of this
Agreement shall be held unenforceable by any court of competent jurisdiction, such provision
shall be severed from this Agreement, and the remaining provisions shall remain in full force and
effect.
16.6 The headings utilized in this Agreement are for convenience only and are not to be
construed in any way as additions to or limitations of the covenants and agreements contained in
this Agreement.
16.7 Each of the parties hereto shall do and execute or cause to be done or executed all such
further and other things, acts, deeds, documents and assurances as may be necessary or
reasonably required to carry out the intent and purpose of this Agreement fully and effectively.
16.8 The Client acknowledges that he/she has had sufficient time to review this Agreement and
has been given an opportunity to obtain independent legal advice and translation prior to the
execution and delivery of this Agreement.
In the event the Client did not seek independent legal advice prior to signing this Agreement,
he/she did so voluntarily without any undue pressure and agrees that the failure to obtain
independent legal advice shall not be used as a defence to the enforcement of obligations created
by this Agreement.
16.9 Furthermore, the Client acknowledges that he/she has received a copy of this Agreement
and agrees to be bound by its terms.
16.10 The Client acknowledges that he/she has requested that the Agreement be written in the
English language.
_______________________ _______________________
CLIENT RCIC
_______________________ _______________________
Date Date