AVOCATS BARRISTERS AND SOLICITORS

Transcription

1 AVOCATS BARRISTERS AND SOLICITORS (SOCIÉTÉ NOMINALE) 1980 SHERBROOKE ST. WEST, SUITE 800 TEL: (514) MONTREAL, QUEBEC FAX: (514) CANADA, H3H 1E8 CONTRACT (Application for Permanent Residence in Canada under the Quebec Regular Skilled Worker Program) BY AND BETWEEN: Last Name (family name): First Name (given name): Mailing address: Telephone Number: Address: {hereinafter referred to as the "CLIENT"} AND: CAMPBELL COHEN, a nominal partnership of Attorneys, having its head office at 1980 Sherbrooke St. West, Suite 800, Montreal, Quebec, Canada, H3H 1E8 Canada, herein represented on his own account by David Cohen {hereinafter referred to as the "ATTORNEY"} PREAMBLE: The CLIENT hereby agrees to retain the ATTORNEY to provide legal counsel and assistance in his or her efforts to obtain a Canadian Permanent Resident Visa under the Quebec Regular Skilled Worker Program, as per the currently published program requirements, and the ATTORNEY does hereby agree to provide such services, the whole subject to the following terms and conditions. Page 1 of 7

2 NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. ENGAGEMENT OF ATTORNEY The CLIENT hereby agrees to engage the ATTORNEY in order: (a) to guide him or her during the process of creating and registering an online account on the Mon projet Québec online platform; AND (b) to guide him or her with the online submission of a single application for a Certificat de sélection du Québec under the Quebec Regular Skilled Worker Program (hereinafter referred to as the QUEBEC ONLINE APPLICATION). The QUEBEC ONLINE APPLICATION shall include any current eligible dependents at the time of the QUEBEC ONLINE APPLICATION submission; AND (c) to assist him or her with the submission of documents in support of the QUEBEC ONLINE APPLICATION, as and when called upon to do so by the Quebec Immigration Authorities; AND (d) to assist him or her with preparation and pursuit of a single application for the Federal portion of an application for Canadian permanent residence under the Quebec Regular Skilled Worker Program (hereinafter referred to as the FEDERAL APPLICATION). The ATTORNEY shall provide assistance exclusively from Canada. The ATTORNEY shall use his best efforts to guide and assist the CLIENT and fulfill his obligations under this Contract and the CLIENT acknowledges that the ATTORNEY cannot guarantee that the CLIENT s QUEBEC ONLINE APPLICATION will be accepted for processing; the future availability of the Quebec Regular Skilled Worker program; the processing times and actions of the Government of Quebec or the Government of Canada or any individuals or organizations not related to the ATTORNEY. The ATTORNEY shall provide services under the terms of this Contract until the final disposition of the submitted QUEBEC ONLINE APPLICATION and/or the FEDERAL APPLICATION by the Quebec and Federal Immigration Authorities (hereinafter referred collectively as the Immigration Authorities ). However, the CLIENT acknowledges that the ATTORNEY will not be required to continue providing services under this Contract if, through no fault of the ATTORNEY, the CLIENT does not submit his or her QUEBEC ONLINE APPLICATION and/or the FEDERAL APPLICATION is not submitted to the Immigration Authorities within one (1) year of the execution of this Contract. 2. DUTIES OF THE ATTORNEY The ATTORNEY shall be responsible for the performance of the following: Page 2 of 7

3 (i). Review the CLIENT's qualifications, and advise the CLIENT as to what must be done in order to be eligible for a Certificat de sélection du Québec under the Quebec Regular Skilled Worker program; (ii). Provide guidance to the CLIENT with regard to the creation and registration of an online account on the Mon projet Québec platform; (iii). Provide guidance to the CLIENT with regard to the submission of the QUEBEC ONLINE APPLICATION on the Mon projet Québec online platform; (iv). Advise the CLIENT about the amount of government fees, related to the QUEBEC ONLINE APPLICATION and the FEDERAL APPLICATION required by the Immigration Authorities; (v). Advise the CLIENT about the necessary documents required to prove the CLIENT's language proficiency, work experience, education and training, and civil status, as per requirements of the Immigration Authorities; (vi). If the QUEBEC ONLINE APPLICATION is accepted for processing by the Quebec Immigration Authorities: a. Prepare a detailed cover letter, addressed to the Immigration Authorities, outlining the CLIENT's qualifications and supporting the CLIENT's candidacy under the Quebec Regular Skilled Worker program; b. Review the QUEBEC ONLINE APPLICATION and the FEDERAL APPLICATION as well as the supporting documents prior to submission to the Immigration Authorities; c. Assist the CLIENT in the preparation of the required FEDERAL APPLICATION forms; d. Submit the supporting documents for the QUEBEC ONLINE APPLICATION as well as for the FEDERAL APPLICATION, at the CLIENT s expense, to the Immigration Authorities and verify their arrival and, if necessary, submit any additional supporting documentation, at the CLIENT s expense, to the appropriate Immigration Authorities and verify their arrival; e. Track the QUEBEC ONLINE APPLICATION and the FEDERAL APPLICATION through the immigration process until the issuance of Canadian permanent resident visa, or the final disposition of the QUEBEC ONLINE APPLICATION or of the FEDERAL APPLICATION by the Immigration Authorities, whichever occurs first; f. Advise the CLIENT as to what will be generally expected at a Selection Interview with the Immigration Authorities, if an interview is requested; Page 3 of 7

4 g. Make additional written and/or oral representations to the Immigration Authorities as necessary until a final disposition of the QUEBEC ONLINE APPLICATION or of the FEDERAL APPLICATION. 3. DUTIES OF THE CLIENT The CLIENT shall: (i). Provide valid contact information, including , telephone, and mailing address, to the ATTORNEY, at all times during the validity of this Contract, and immediately notify the ATTORNEY of any changes in contact information; (ii). Follow the ATTORNEY's reasonable advice in order to maximize eligibility; (iii). Immediately disclose to the ATTORNEY all information related to any and all current or prior criminal charges and/or convictions, as well as any health issues that have affected or affect the CLIENT or any of his/her accompanying dependents; (iv). Provide all information and documents requested by the ATTORNEY and the Immigration Authorities in a timely, accurate, honest and forthright manner and, where necessary, have the same translated accurately into English or French at the expense of the CLIENT; (v). Ensure that all educational, vocational and professional credentials claimed (the CREDENTIALS) are complete, and have been obtained from an institution that is recognized and accredited by the governing body responsible for such accreditation in the country of issue or study, as the case may be, and if required, have the CREDENTIALS assessed according to the requirements of the Immigration Authorities at the CLIENT s expense. The CLIENT herby acknowledges that all supporting documents submitted to the Immigration Authorities will not be returned; (vi). Demonstrate possession of sufficient unencumbered funds so as to be able to support the CLIENT and his/her accompanying dependents upon their arrival in Canada, in accordance with the norms and guidelines established by the Immigration Authorities; (vii). Provide sufficient documentation to support all qualifications claimed, including proof of language proficiency, as advised by the ATTORNEY and/or required by the Immigration Authorities; (viii). Immediately advise the ATTORNEY of any and all written, electronic or telephone communication received by the CLIENT from the Immigration Authorities; (ix). Attend all interviews if called upon to do so by the Immigration Authorities. The CLIENT is responsible for making all necessary travel arrangements at his or her own expense; Page 4 of 7

5 (x). Pay the fees required by the Immigration Authorities for the handling and processing of the QUEBEC ONLINE APPLICATION and of the FEDERAL APPLICATION and for the required medical examinations and the evaluation of professional, vocational and educational qualifications by the appropriate authorities, if applicable; (xi). Pay to the ATTORNEY "In Trust" all of the fees payable to the ATTORNEY, as set forth in the section ATTORNEY FEES. The CLIENT expressly agrees that it is the CLIENT's entire responsibility to ensure that the said fees arrive in full, in the designated currency and including any applicable taxes, at the ATTORNEY's principal place of business in Montreal, Quebec, Canada. 4. ATTORNEY FEES The CLIENT agrees to pay to DAVID COHEN IN TRUST the amount of USD 3490 on account of ATTORNEY FEES as per the following schedule: - The sum of USD 900 immediately upon execution of this Contract by the CLIENT; - The sum of USD 995 immediately upon confirmation from the ATTORNEY that the supporting documents for the QUEBEC ONLINE APPLICATION are ready for dispatch to the Quebec Immigration Authorities, or 60 days after execution of this Contract, whichever occurs earlier; - The sum of USD 995 immediately upon confirmation from the ATTORNEY that the supporting documents have been accepted for processing by the Quebec Immigration Authorities, or 120 days after execution of this Contract, whichever occurs earlier; - The sum of USD 600 immediately upon confirmation from the ATTORNEY that the FEDERAL APPLICATION is ready for dispatch to the Federal Immigration Authorities. The CLIENT agrees that the ATTORNEY shall not be required to commence or continue carrying out his Duties herein set forth until such time as the ATTORNEY has received the said fees in trust. The CLIENT authorizes the ATTORNEY to release the first and second installments of ATTORNEY FEES from his trust account upon confirmation from the ATTORNEY that the CLIENT s QUEBEC ONLINE APPLICATION has been submitted to the Quebec Immigration Authorities, or 90 days after execution of this Contract, whichever occurs earlier. The CLIENT authorizes the ATTORNEY to release the third installment of ATTORNEY FEES from his trust account upon confirmation that the supporting documents have been accepted for processing by the Quebec Immigration Authorities, or 180 days after execution of this Contract. The CLIENT authorizes the ATTORNEY to release the fourth installment of ATTORNEY FEES from his trust account upon confirmation that the FEDERAL APPLICATION is ready for dispatch to the Federal Immigration Authorities or conclusion of the present Contract. Page 5 of 7

6 The CLIENT expressly recognizes that only the ATTORNEY is authorized to issue receipt(s) for payment of the ATTORNEY s fees and that the said receipt(s) will only be issued upon the reception of the ATTORNEY s fees by the ATTORNEY as herein set forth. 5. REFUND POLICY The CLIENT acknowledges that there shall be no refund due if, through no fault of the ATTORNEY, the CLIENT s QUEBEC ONLINE APPLICATION and/or the FEDERAL APPLICATION is/are not submitted, is/are not accepted for processing by the Immigration Authorities for any reason, including but not limited to, availability of the program, the intake cap/limit being reached and/or if the CLIENT fails to adequately support all qualifications claimed. The CLIENT also acknowledges that there shall be no refund due if, through no fault of the ATTORNEY, the CLIENT s QUEBEC ONLINE APPLICATION and/or the FEDERAL APPLICATION is/are refused, rejected, returned, or cannot proceed due to reasons related to health, criminality/security and/or government policy, a change in law, regulation or selection criteria, or if the CLIENT voluntarily withdraws the QUEBEC ONLINE APPLICATION and/or the FEDERAL APPLICATION. In any event, the ATTORNEY s total liability under this Contract is limited to any ATTORNEY FEES paid by the CLIENT to the ATTORNEY. 6. INTERPRETATION (i). This Contract shall be governed by the laws in effect in the Province of Quebec, Canada. (ii). As the context may require, the singular shall include the plural and vice versa; words importing the masculine shall include the feminine gender and vice versa; (iii). This Contract can be executed by one or more of the parties hereto in any number of counter parts, each of which shall be deemed to be an original, but all such counter parts shall together constitute one and the same instrument; (iv). This Contract constitutes the entire agreement between the ATTORNEY and the CLIENT and supersedes any and all prior communications, agreements, understandings, negotiations and discussions, whether oral or written, pertaining to the subject matter hereof. The parties acknowledge that they have requested that the foregoing be drawn up in the English language only; Les parties reconnaissent qu'elles ont exigé que ce qui précède soit rédigé seulement en la langue anglaise. This Contract may also be completed online. CLIENT Signature Date Page 6 of 7

7 CAMPBELL COHEN per: DAVID COHEN - ATTORNEY Date Page 7 of 7