RETAINER AGREEMENT CIVIC RESETTLEMENT PROGRAM. Re: Civic Resettlement of refugee applicant(s)

Transcription

1 RETAINER AGREEMENT CIVIC RESETTLEMENT PROGRAM Re: Civic Resettlement of refugee applicant(s) 1. Parties to this Retainer Contract This retainer contract governs the relationship between Office for Refugees, Archdiocese of Toronto and,, the cosponsor/ RG (Resettlement Group) representative (hereinafter referred to as the client ), who plans on resettling refugee applicant(s) under the guidance of Office for Refugees under the sponsorship agreement between the Roman Catholic Archdiocese of Toronto in Canada and the Government of Canada. 2. Description of Services and Expectations Upon the client s request and following Office for Refugees approval, Office for Refugees will act on the client s behalf in the matters described within this document. The purpose of this document is to summarize and validate the terms of each party s duties with respect to the other. Client retains Office for Refugees to assist with client s application under the Civic Resettlement Program. The client may expect the following services and standard of conduct from Office for Refugees: 2.1. Office for Refugees Duties and Limits (1) Upon authorization by the client through the signing of this agreement, Office for Refugees responsibly handles and maintains records of sensitive information provided by both the client (cosponsor/ RG representative) and the refugee applicant. (2) Office for Refugees provides services free of charge if RG resettles unrelated/ unknown refugee applicant(s). If cosponsor or RG member is related to any of the refugee applicant Office for Refugees collects $ filing fee per case. (3) Office for Refugees regularly hosts information sessions about the Program (Info Session 1: Orientation (Civic Resettlement Program); Info Session 2: Settlement Training Workshop, Info Session 3: IRCC Processing Time and Info Session 4: Welcoming Newcomers) and other available alternatives by which persons abroad can legally enter Canada. (4) Office for Refugees makes suggestions and referrals of the client s case to other professional organizations that may be better suited to the particular situation if necessary. (5) Office for Refugees advices client in client s own active efforts to consolidate, organize, and submit resettlement applications. While client is fully and ultimately responsible for the above activities, Office for Refugees provides aid by assessing all undertakings and documentation, including the refugee applicant s personal narrative and work RETAINER AND WITHDRAWAL

2 plans to ensure that applications comply with all Canadian laws, regulations, manuals and the sponsorship agreement. (6) Office for Refugees provides client with orientation/ training on client s duties as cosponsor/ RG representative regarding newcomer settlement during the sponsorship period. (7) Office for Refugees acts as client s representative/ liaison - only in a limited capacity - involving different stakeholders. Client is responsible to clarify info with refugee applicants. Office for Refugees will not perform the following services: (1) Office for Refugees will not complete the requisite forms that only the client, refugee applicant(s), and resettlement parties (resettlement groups) are legally permitted to. (2) Office for Refugees will not pay any costs related to the resettlement, including but not limited to: application and service fees/ costs, postage fees, legal fees, or any costs relating to settlement of the refugee post-arrival. (3) Office for Refugees will not take over the sponsorship from an RG or cosponsor regardless of the circumstances. (4) Office for Refugees will not ask for compensation for the services it provides first time except as identified in the previous paragraph (filing) Client s Duties This undertaking specifies the obligations of the sponsoring group with respect to the principal refugee applicant and all accompanying or non-accompanying family members: Reception - Meet the refugee applicant upon arrival in the community; Lodging - Provide suitable accommodation, basic furniture and other household essentials; Care - Food, clothing, local transportation and other basic necessities of life; Settlement assistance and support - Help for the refugee applicant(s) to learn an official language, seek employment, extend ongoing friendship, encourage and assist them to adjust to life in Canada, teach rights and responsibilities of permanent residents in Canada. The sponsoring group's obligations commence upon arrival of the sponsored persons in Canada. The refugee applicants are supported for 12 months or until they become self sufficient. DECLARATION ON SUBSEQUENT USE OF DISCLOSURE OF PERSONAL INFORMATION I understand that I am prohibited from using or disclosing any personal information provided to me by the principal applicant I have agreed to sponsor for the purpose of submitting their application for permanent residence. I agree not to further disclose or use any personal information provided to me by the principal applicant I have agreed to sponsor for the purpose of submitting their application for permanent residence. CONSENT FOR INDIRECT COLLECTION OF PERSONAL INFORMATION I authorize Office for Refugees and IRCC to collect the personal information requested in my sponsorship undertaking from the principal applicant I have agreed to sponsor or from an organization under contract or that has signed a Memorandum of Understanding with Office for Refugees and IRCC to provide processing or referral services. I understand this information is being collected indirectly for the purposes of processing the sponsorship undertaking and for assisting Office for Refugees and IRCC in assessing and processing the application for permanent residence submitted by the applicant I have agreed to sponsor. I understand that I am not obliged to provide this authorization. However, failure 2

3 to do so may mean that Office for Refugees and IRCC will not be able to carry out the assessment of the sponsorship undertaking. We declare that the information provided is to the best of our knowledge true, complete and accurate. I am not in default of any other sponsorship undertakings. I am not in default of any immigration loans. I have made or will make adequate arrangements in the expected community of settlement for the reception and settlement of the person(s) identified in this undertaking, as evidenced in the Work Plan. I have sufficient financial resources and expertise to fulfill this undertaking. To the best of our ability, I will not knowingly or deliberately allow any individual to participate in the group's settlement activities who may be considered a threat to the safety and security of the refugee applicants. In turn, Office for Refugees expects the following standard of conduct from client: (1) Client pro-actively cooperates with Office for Refugees in a timely fashion, particularly with regard to the fulfillment of requests made by the case worker (filling immigration forms, submitting documents, forwarding all correspondences form Immigration Canada and updating Office for Refugees without delay about any change of family composition and contact information, and so on). (2) Client connects Office for Refugees directly with the refugee applicant and assists Office for Refugees with any and all ongoing communications with said refugee applicant. (3) Client gathers and provides complete and honest information regarding the refugee applicant s personal data and possible persecution. (4) Client fills out the requisite forms and submits all necessary attachments within the provided framework. (5) Client participates in Info Session 1: Orientation (Civic Resettlement Program); Info Session 2: Settlement Training Workshop, Info Session 3: IRCC Processing Time and Info Session 4: Welcoming Newcomers. (6) Client checks on the status of the file at least once every 6 months and provides update to Office for Refugees. (7) Client updates Office for Refugees and IRCC about any changes related to the refugee applicant. 3. Termination of OFFICE FOR REFUGEES Services and Closure of File Office for Refugees services may be terminated, and a file closed, upon the occurrence of a number of events, which include but are not limited to the following scenarios (please refer to Appendix A): (1) Refusal Office for Refugees refuses and closes a case if it does not meet eligibility, admissibility, credibility or adaptability criteria, or due to unsatisfactory cooperation or and if there is no well-prepared RG available for the given case. Additionally, file will be closed if Office for Refugees is not convinced that there is a bona fide relationship between the refugee applicant and the cosponsor. (2) Rejection Office for Refugees closes a file in the case where client does not use effective remedy to challenge IRCC s rejection. (3) Withdrawal Office for Refugees may close a file if withdrawal has been granted by IRCC based the withdrawal options below. (4) Case Abandonment Office for Refugees may close a file in the case where it has become impossible to communicate with the cosponsor and/ or refugee applicant or Office for Refugees doesn t receive satisfactory information in a given time frame and/ or cosponsor/ RG doesn t follow IRCC requirements. (5) Agreement or Memorandum of Understanding (MoU) Violation If the cosponsor/ RG representative has violated any of the terms laid out in this agreement or in the 3

4 MoU, Office for Refugees reserves the right to terminate its relationship with the client and close the file (for example if funds for resettlement has been deposited from refugee applicant). 4. Parties Signatures Signing this contract indicates that client acknowledges and understands the foregoing clauses and their binding effect of this retainer. Signature of Client: Print Name: Signature of Pastor: Print Name: Signature of Office for Refugees Rep: Print Name: Date: $100 fee in the form of cash or cheque has been attached. Signature of Client: Print Name: Signature of Office for Refugees Rep: Print Name: Date: 4

5 ***PLEASE KEEP THE PAGES BELOW FOR YOUR FILE! APPENDIX A Termination (if refugee applicant is still overseas) Withdrawal of application/ case from processing/ from OFFICE FOR REFUGEES I the applicant/co-sponsor/rg representative of the resettlement of:, withdraw the case from Office for Refugees; I want the resettlement being cancelled at IRCC if it is still in process. (1) I was not able to contact refugee since (date) We tried to the refugee(s) the following dates: We tried to call the refugee(s) the following dates: (2) I received the information that the refugee applicant(s) voluntarily moved back to their country of origin. We received this information on the following date: (3) I received the information that the refugee applicant(s) were resettled to another county. We received this information on the following date: Please see documents proving this attached. (4) The refugee applicant(s) refused to cooperate on resettlement or declared that they want to cancel the resettlement process to Canada under Office for Refugees with no explanation. (5) I received new information regarding to the refugee applicant that makes it impossible to continue the process (special medical need). (6) I received information that the refugee applicant does not meet eligibility or admissibility criteria (concurrent process). (7) IRCC processing time significantly exceeded service standard. (8) I have reason to believe that the refugee applicant will nor remain in the expected community of settlement during the resettlement period. (9) Other reason Please specify: Please attach copies of any document elaborating your withdrawal request (for instance from refugee applicant, visa to other country) Please attach request form to release all funds related to this case. 5

6 Termination (if refugee applicant is in Canada) I request to declare breakdown due to the circumstance explained in the attached situation report. I also attached a letter that has been given already to the newcomer explaining the consequences of breakdown. I understand that breakdown can be declared only by IRCC (Immigration, Refugees, and Citizenship Canada). IRCC reserves the right to investigate all documents, finances, original and updated work plan, and meeting notes related to the case, dispute, mediate, intervene and conclude. I request Office for Refugees to try to find another RG (Resettlement Group). I understand it is challenging to find another RG. The RG is liable and responsible about this resettlement case until determined otherwise. Office for Refugees can t take over a resettlement case. I understand that I can not cancel this declaration later; it is final. I declare that I got back all deposited funds, if any, and all original documents/ photos if any, from Office for Refugees, so I don t have any additional demand. This declaration is signed on in the City of Toronto, in the Province of Ontario. Signature of Client: Print Name: Signature of Pastor: Print Name: Signature of Office for Refugees Rep: Print Name: Date: 6