Study Guide

Transcription

Study Guide

Version 2014-003
STUDY GUIDE
Writing the Full Skills Exam
Immigration Consultants of Canada Regulatory Council (ICCRC)
5500 North Service Rd., Suite 1002
Burlington, ON
L7L 6W6 Canada
Tel: 1-877-836-7543
[email protected]
www.iccrc-crcic.ca
This publication is prepared by the Immigration Consultants of Canada Regulatory Council (ICCRC) in order to guide examtakers in their preparations for the sitting of the Full Skills Exam.
Table of Contents
Introduction ......................................................................................................................................................... 2
Preparing for the Exam
Major Topics of Review ................................................................................................................................ 2
1. Immigration and Refugee Protection Act ......................................................................................... 2
2. Application of Immigration and Refugee Court Ruling .................................................................... 2
3. ICCRC’s Code of Professional Ethics ................................................................................................. 2
4. Family Class ...................................................................................................................................... 2
5. Temporary Resident Class ................................................................................................................ 3
6. Economic Class ................................................................................................................................. 3
7. Residency Obligations/Citizenship ................................................................................................... 3
8. Provincial Nominee Program ........................................................................................................... 3
9. Appeal/Hearings .............................................................................................................................. 3
10. Detention Reviews/Removals .......................................................................................................... 3
11. Refugees........................................................................................................................................... 3
12. Humanitarian and Compassionate................................................................................................... 3
13. Inadmissibility .................................................................................................................................. 3
14. Business Class................................................................................................................................... 3
15. Québec ............................................................................................................................................. 3
Reference Materials .................................................................................................................................... 4
Study Material cut-off date ......................................................................................................................... 6
Proving your Identity at the Door........................................................................................................................ 6
Exam Specifics
Permitted Materials....................................................................................................................................... 7
Unauthorized Materials ................................................................................................................................. 7
Format ........................................................................................................................................................... 8
Time Limits .................................................................................................................................................... 8
Deferment/Missed Exam Policy ..................................................................................................................... 8
Professional Conduct ..................................................................................................................................... 9
Accommodation for Special Needs ................................................................................................................ 9
Taking the Exam
Helpful Hints ................................................................................................................................................ 10
After Writing the Exam ................................................................................................................................ 10
Sample Questions ........................................................................................................................................ 11
© 2014 by the Immigration Consultants of Canada Regulatory Council. No part of this publication may be used or
reproduced in any manner whatsoever without the prior written permission of the Council, except in the case of brief
quotations accompanied by proper citation.
Study Guide (2014-003)
1|Page
Introduction
This study guide is designed to provide you with direction as you prepare for the Full Skills Exam (FSE). The study guide is not
intended to serve as an independent preparation tool, as you are expected to have effectively learned the material (course
readings, lecture notes, etc.) presented to you in your respective immigration practitioner program (IPP). Rather, this study
guide is intended to assist you in focusing your review time by providing fifteen “Major Topics for Review”, and a list of
suggested resources to review. In addition, this guide is intended to provide you with information on the FSE format and length
and helpful hints for taking the exam.
The information in this document is valid as of 1 October 2014 and is subject to change without notice. It is strongly
recommended that you read this document carefully and follow the instructions. Please ensure that you are referencing the
most recent version by visiting the ICCRC website and comparing the version number (at the top right corner of the title page)
with the version posted online.
Preparing for the Exam
Major Topics for Review
In order to maximize your level of success on the exam, you are encouraged to be familiar with any and all definitions, terms,
and concepts related to the following areas:
1.
Immigration and Refugee Protection Act
a. Immigration and Refugee Protection Regulations
b. Refugee Protection Division Rules
c. Immigration Division Rules
d. Immigration Appeal Division Rules
e. Oath or Solemn Affirmation of Office Rules (Immigration and Refugee Board)
2.
Application of Immigration and Refugee Court Ruling
3.
ICCRC’s Code of Professional Ethics
a. Intention of Code
b. Interpretation
c. Ethical Practice
d. Professionalism
e. Competence
f. Quality of Service
g. Advising Clients
h. Confidentiality
i. Conflicts of Interest
j. Preservation of Client Property
k. Retainer and Fees
l. Joint Retainers
m. Withdrawal from Representation
n. Outside Interests
o. Discrimination and Harassment
p. Errors and Omissions
4.
Family Class
a. Adoptions
b. Children
c. Parents/Grandparents
d. Spouse, common-law partner, conjugal partner
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5.
Temporary Resident Class
a. Exemptions
b. Live-in caregivers
c. Labour Market Impact Assessment (LMIA formerly LMO)
d. R204R205 Trade Agreements
e. Students
f. Temporary Resident Permit (TRP)
g. Temporary Worker
h. Visitors/Super Visas
6.
Economic Class
a. Canadian Experience Class (CEC)
b. Federal Skilled Trade Program
c. Federal Skilled Worker
7.
Residency Obligations/Citizenship
a. Citizenship Requirements
b. Criminality
c. Permanent Residency Card
d. Residency Requirements
8.
Provincial Nominee Program (PNP)
9.
Appeal/Hearings
a. Canadian Border Services Agency
b. Immigration Appeal Division
10. Detention Reviews/Removals
11. Refugees
a. Balanced Refugee Reform Act (BRRA)
b. Group of Five
c. Pre Removal Risk Assessment
12. Humanitarian and Compassionate
13. Inadmissibility
a. Authorization to Return to Canada (ARC)
b. Criminal
c. Medical
d. Temporary Resident Permit (TRP)
14. Business Class
a. Self-Employment
b. Start-up Visa
15. Québec
a. Certificat de sélection du Québec
b. Right to Practice (MIDI formerly MICC)
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Reference Materials
ICCRC’s Code of Professional Ethics can be found on the Council’s website by clicking here.
For more information on Practice Management (client account regulations, etc.), please consult ICCRC’s website at www.iccrccrcic.ca.
You are also encouraged to review applicable reference materials, including, but not limited to:
Goslett, Henry M., Barbara Jo Caruso, eds. 2011 Annotated Immigration and Refugee Protection Act of Canada. Carswell:
Toronto, 2010. (or equivalent)
Department of Justice Canada, Consolidated Statutes and Regulations
Canadian Charter of Rights and
http://lois.justice.gc.ca/en/charter/index.html
Freedoms, Part I of The Constitution
Act, 1982
The Constitution Act, 1867
http://laws-lois.justice.gc.ca/eng/Const/
Citizenship Act
http://laws-lois.justice.gc.ca/eng/acts/C-29/index.html
Citizenship Regulations
http://laws-lois.justice.gc.ca/eng/regulations/SOR-93246/?showtoc=&instrumentnumber=SOR-93-246
Immigration and Refugee Protection
http://laws.justice.gc.ca/en/I-2.5/index.html
Act
Immigration and Refugee Protection
http://laws.justice.gc.ca/en/I-2.5/SOR-2002-227/index.html
Regulations
Federal Courts Act
http://laws.justice.gc.ca/en/F-7/
Federal Courts Rules
http://laws-lois.justice.gc.ca/eng/regulations/SOR-98106/?showtoc=&instrumentnumber=SOR-98-106
Federal Courts Immigration and
http://laws-lois.justice.gc.ca/eng/regulations/SOR-93-22/pageRefugee Protection Rules
6.html?term=immigration+protection+refugee+federal+courts+rules+court+rule#s
ched1
Immigration and Refugee Board of Canada (IRBC)
IRBC
http://www.irb-cisr.gc.ca/Eng/Pages/index.aspx
Immigration Appeal Division http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-230/pageRules
1.html?term=immigration+division+rules#ord
Immigration Division Rules
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-229/page1.html?term=immigration+division+rules#ord
Refugee Protection Division
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-228/pageRules
1.html?term=protection+division+refugee+rules#ord
Agreements
Canada–Québec Accord relating to
Immigration and Temporary Admission of
Aliens
The North American Free Trade Agreement
(NAFTA)
Safe Third Country Agreement
http://www.cic.gc.ca/EnGLIsh/department/lawspolicy/agreements/quebec/can-que.asp
http://www.international.gc.ca/trade-agreements-accordscommerciaux/agr-acc/nafta-alena/index.aspx?lang=eng
http://www.cic.gc.ca/english/DEPARTMENT/laws-policy/safe-third.asp
Citizenship and Immigration Canada (CIC)
Operational Manuals and Bulletins
http://www.cic.gc.ca/english/resources/manuals/index.asp
Application forms and guides
http://www.cic.gc.ca/english/information/applications/index.asp
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Provincial Nominee Programs
Alberta
http://www.albertacanada.com/immigration/immigrate/ainp.html
British
http://www.welcomebc.ca/Immigrate/immigrate/Provincial-Nominee-Program-Home.aspx
Columbia
Manitoba
http://www.immigratemanitoba.com/
New Brunswick http://www.welcomenb.ca/content/welbien/en/immigrating_and_settling/how_to_immigrate/new_brunswick_provincialnomineeprogram.html
Newfoundland
http://www.nlpnp.ca/
and Labrador
Nova Scotia
http://www.novascotiaimmigration.com/
Ontario
http://www.ontarioimmigration.ca/english/pnp.asp
Prince Edward
http://www.gov.pe.ca/immigration/index.php3?number=1014385&lang=E
Island
Québec
http://www.immigration-quebec.gouv.qc.ca/en/index.asp
Saskatchewan
http://www.immigration.gov.sk.ca/Default.aspx?DN=7e8f4b1d-79b4-4120-8b3a599d97fc7875&Anc=7e8f4b1d-79b4-4120-8b3a-599d97fc7875&Pa=ebd9edd0-fecd-4503-b6f770a7366de4c4
Yukon
http://www.immigration.gov.yk.ca/ynp_overview.html
Human Resources and Skills Development Canada (HRSDC)
National Occupational Classification
http://www.hrsdc.gc.ca/eng/jobs/lmi/noc/index.shtml
Temporary Foreign Workers Program
http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/index.shtml
Québec Statutes and Regulations
An Act respecting Immigration to Québec, R.S.Q. c. I-0.2
Regulation respecting the selection of foreign nationals
Regulation respecting the granting of loans to foreign
nationals in a particularly distressful situation
Regulation respecting the weighting applicable to the
selection of foreign nationals
Minister's Order respecting prescribed forms for an
undertaking
Regulation respecting linguistic integration services
http://canlii.org/en/qc/laws/stat/rsq-c-i-0.2/latest/rsq-c-i0.2.html
http://www.canlii.org/en/qc/laws/regu/rrq-c-i-0.2-r4/latest/rrq-c-i-0.2-r-4.html
Ministère de l’Immigration de la Diversité et de l’Inclusion (Québec)
Guide des procédures d’immigration (GPI)
http://www.midi.gouv.qc.ca/fr/publications/guide-proceduresimmigration/index.html (in French)
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Canada Revenue Agency (CRA)
RC4022 General Information for
GST/HST Registrants
Sales invoices for GST/HST registrants
IC78-10R5 Books and Records
Retention/Destruction
RC4409 Keeping Records
When To File Your Corporation Income
Tax (T2) Return
Forms and publications
http://www.cra-arc.gc.ca/E/pub/gp/rc4022/README.html
http://www.cra-arc.gc.ca/E/pub/gp/rc4022/rc4022-e.html#P490_40780
http://www.cra-arc.gc.ca/E/pub/tp/ic78-10r5/README.html
http://www.cra-arc.gc.ca/E/pub/tg/rc4409/README.html
http://www.cra-arc.gc.ca/tx/bsnss/tpcs/crprtns/rtrn/whn/menu-eng.html
http://www.cra-arc.gc.ca/formspubs/menu-eng.html
Study Material cut-off date
An immigration consultant must keep up to date with all relevant changes to the immigration field. In order for ICCRC to
prepare each exam in a timely fashion, a 90 day cut-off date has been implemented to exam questions.
Proving your Identity at the Door
At the beginning of the registration process you were encouraged to obtain two separate certified copies of valid governmentissued photo identification.
The first copy was to be included with your other documents as part of your FSE application submission.
The second certified copy must be taken with you on exam day along with the actual original document. The invigilator will
examine the original document and compare it to the certified copy you are submitting. He/she will return the original
document to you and keep the certified copy which will be attached with your completed Scantron® answer paper when it is
returned to us for marking. If the certified copy of your ID is not attached, your Scantron® answer paper will not be marked
and you will be required to pay an additional $150.00 to re-write the exam on a future scheduled exam date.
If you are re-writing the FSE for a second, third or fourth/final time, you must present a certified copy of your ID on each
writing or re-writing exam day occasion. This will be returned to ICCRC with your new Scantron® answer paper.
If the invigilator inadvertently forgets to ask you for the certified copy, or in the rush to start the exam on time accidently
hands you back both the certified copy and your original document, it is your responsibility to ensure that it is handed back in.
It is that critical to the marking or refusal of your Scantron® answer paper.
Please ensure that the certified copy is an original copy in its own right bearing the original signature and stamp/seal of the
person who certified the document. It must be a full-colour certified copy, ensuring that your facial features are clearly
distinguishable. The acceptance of all submitted documents, especially those which include a photographic image, is at the
sole discretion of the ICCRC Registrar.
YES
NO
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While most exam-takers use the identical ID document on exam day to what was submitted with the initial registration
application, you may select a different form – such as a regular driver’s licence instead of a passport – if you wish, provided the
new alternative government-issued photo ID is also valid and contains your photograph. If you are switching to an alternative
ID to prove your identity on exam day, remember that the certified colour photocopy you submit to the invigilator must match
the new ID. On exam day it could be ONE of:
Certified colour copy of the details page of a valid Canadian or foreign passport;
Certified colour copy of the front side of a valid Canadian Permanent Resident Card;
Certified colour copy of the front side of a valid regular or enhanced Canadian provincial or territorial driver’s licence;
Certified colour copy of the front side of a valid regular or enhanced Canadian provincial or territorial photo identification
card;
Certified colour copy of the front side of a valid certificate of Indian status issued by Aboriginal Affairs and Northern
Development Canada.
Provincial health cards are NOT acceptable.
Upon receipt with your Scantron® answer paper we will compare the photographic image on your exam day ID certified copy
to that already on file with your initial application. If you are using a different ID document on exam day please ensure that
your photograph on both documents is sufficiently similar that there is no doubt that they belong to one and the same person.
If we cannot make a positive determination your Scantron® answer paper will not be marked.
Exam Specifics
A) Permitted Materials
As this is an open-book exam, you are permitted to bring the following materials into the exam room:
 Immigration Practitioner Program (IPP) course notes (organized in advance to maximize efficiency of use)
 IPP course texts (including personal notations and highlighting)
 clear plastic or glass water bottle (sealable)
 standard calculator (not a built-in feature of a phone or wrist watch)
 traditional analog wristwatch
 standard HB № 2 pencil with a wooden barrel
 earplugs
 manual pencil sharpener (not battery or electric powered)
B) Unauthorized Materials
In order to preserve the integrity of the exam process, and recognizing the proliferation of miniaturized low-cost camera and
recording equipment, you may not bring the following materials into the exam room:



any electronic device (including cellphone, iPhone, BlackBerry, iPad, iPod, digital wristwatch, calculator that is a builtin feature of a phone or wristwatch, laptop etc.)
any writing instrument other than a standard HB № 2 pencil with a wooden barrel
any battery or electric-powered pencil sharpener
Other restricted items which you may not have at your seat during the exam are:
 food, gum, and beverages other than water
 beverage containers that are not clear see-through plastic or glass
 purses, bags, pencil cases
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If you have any restricted items with you, they will have to be placed on a side table or in a designated area in the exam room
away from where you are seated.
C) Format
Exam-takers outside of Québec may request to write their exam in French; however, French-speaking invigilators may or may
not be available on-site.
The exam consists of one-hundred (100) scenario-based multiple choice questions. These questions are designed to test your
knowledge of terms and general content, as well as to provide you with an opportunity to apply your knowledge within the
context of immigration consultant practice.
Questions are answered (by indicating the single best/correct choice of answer to each question) by filling in the corresponding
letter bubble on a Scantron® answer paper using a HB № 2 pencil. If you choose to initially select your answers by writing in
the question booklet as you read each question, ensure that you allow sufficient time to transfer all answers to the answer
paper within the three hour exam limit. No additional time will be given for transferring answers from the booklet to the
answer paper nor will ICCRC staff do this for you when the exam is received back for marking. Only questions answered on the
answer paper will be considered.
Attempt to answer every question on the exam to the best of your ability (extra marks are not deducted for incorrect
answers.)
D) Time Limits
The exam is three (3) hours in length. You will need to pace yourself in order to ensure that you have sufficient time to address
all questions.
th
In the event you arrive late to the exam, you will be admitted up until the 30 minute, but you will not receive additional
writing time.
In the event you finish the exam early and wish to leave, you may not do so within the first 45 minutes of the writing session,
or during the final 15 minutes of the exam.
Deferment/Missed Exam Policy
A) If you cannot write the exam due to one of the following extraordinary circumstances:
 illness (requires a doctor’s note for proof of illness)
 death of family member (death certificate required)
 injury/accident (requires police report or proof of medical attention sought)
then you will be marked absent on the day of the exam and will need to follow up directly with the ICCRC Registrar in
order to explain the situation and provide proof of legitimate absence. Once the Registrar has received the requisite proof,
you will be permitted to sit the next available exam time without payment of additional fees.
As soon as you realize there will be a problem, and that you will not be arriving on the Sunday to write your exam, you
should send an e-mail to [email protected] explaining the circumstances. If you know prior to 5:00 p.m. on the Friday
before exam day, you should telephone ICCRC immediately so they may notify the examination centre not to expect you
to arrive.
B) In the event you are more than 30 minutes late for the exam and it does not fall under one of the above categories, then
you are simply marked “Absent” and receive no credit for the exam. You will not be issued a refund by ICCRC, but you are
welcome to re-register and pay a fee of $150 to write the exam.
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C) If you become ill during the actual exam, the invigilator will retrieve all exam materials and the exam is assumed to have
been cancelled. You will need to re-register for another exam, but will not be required to pay the fee again.
D) If you feel you are not ready after all to write the exam on the date you have already registered for, and notify ICCRC no
later than the deadline in the table below, you will not incur an administrative fee to change exam sessions. If you contact
ICCRC to defer after this deadline you will have to pay an administrative fee of $150.00 on top of the exam writing
registration (or re-write) fee to enrol in a future session.
EXAM DATE
Deadline to defer
without penalty
Sunday
2 February 2014
4 May 2014
10 August 2014
2 November 2014
1 February 2015
3 May 2015
9 August 2015
1 November 2015
Wednesday
5 p.m. (Eastern time)
22 January 2014
23 April 2014
30 July 2014
22 October 2014
21 January 2015
22 April 2015
29 July 2015
21 October 2015
Professional Conduct
ICCRC members are obliged to conduct themselves in accordance with the Code of Professional Ethics. This includes
communicating with others face-to-face, over the telephone, by e-mail or other written form. The Council expects no less from
exam-takers who plan to become a member.
If in our opinion you conduct yourself in a rude, disrespectful or otherwise unprofessional manner when dealing with our
registration staff, you will be given one warning after which your FSE application will be removed from the class list for the
exam session you are planning to write and placed on hold for at least one further session date as a cooling off period.
Likewise, if on exam-day, you act in a similar manner towards the on-site invigilating staff to the point that the invigilator feels
it is necessary to telephone the Registrar, you will be ejected from the exam and will have to write on a future exam-day.
Accommodation for Special Needs
For ICCRC admissions purposes, we have the right to set limits for any special accommodation requests. We are not obliged to
accept any determination or accommodation granted to you by any other organization.
You must request any special accommodation, supported by appropriate documentation, no later than the deadline to submit
your documents for the exam session you select. As accommodations must be arranged with an examination centre the more
notice possible would be appreciated. If we do not receive adequate notice to consider your request, you will be given the
option of sitting the exam without accommodations being made or to transfer to the next available exam session.
For further information please e-mail ICCRC at [email protected] to request the separate Special Accommodation
Information/Application Guide.
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EXAM DATE
Deadline to request special
accommodations
Sunday
2 February 2014
4 May 2014
10 August 2014
2 November 2014
1 February 2015
3 May 2015
9 August 2015
1 November 2015
Wednesday
5 p.m. (Eastern time)
10 January 2014
11 April 2014
18 July 2014
10 October 2014
9 January 2015
10 April 2015
17 July 2015
9 October 2015
Taking the Exam
Helpful Hints








Concentrate on a well-balanced diet for several days before the test—avoid junk food and overindulging in stimulants
(i.e. coffee, etc.).
Get a good night’s rest before the exam.
When planning your travel to the examination centre location, allow for possible traffic delays even though it is a
weekend and time to find suitable parking. If travelling by public transit, remember buses and trains may be operating
on a more infrequent weekend service schedule.
You may wish to wear layers of clothing to the exam for temperature control.
Arrive 30-60 minutes early (depending on your confirmation notice) to check in with the invigilator, to provide your
certified proof of ID, and to ensure that you do not miss the start of the exam.
Be sure to use the restroom facilities prior to entering the exam room.
Balance the amount of time you spend on each question. You should devote enough time to work through the
question, but you should not spend too much time on any one question that is giving you difficulty.
Once you have finished the exam, take some time to double check and even triple check your answers.
After Writing the Exam
Marking the FSE does not commence until all exams have been received back from the various examination centre locations,
including those completed internationally by remote invigilation.
The FSE pass-mark is determined using the Modified Angoff Method (you may search the Internet for an explanation).
Under normally-expected exam writing conditions we anticipate being able to send you your results by e-mail by 5:00 p.m.
Eastern Time on the fourth Friday after the exam writing day. Exceptions that could delay the release of your results could
include:
 Delays receiving the return exam packages back from exam centres and remote invigilators world-wide. Using the
Modified Angoff Method we cannot begin the next phase until every exam package has arrived.
 A statutory or civic holiday falling during the pass-mark setting phase when ICCRC HQ is closed.
Do not telephone or e-mail us before the applicable “exam results” date listed below to see if your paper has been marked. To
be fair results are released to all exam-takers at the same time. There is no express marking service.
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EXAM DATE
Sunday
2 February 2014
4 May 2014
10 August 2014
2 November 2014
1 February 2015
3 May 2015
9 August 2015
1 November 2015
EXAM RESULTS
Normally-anticipated release of
results by e-mail (by 5 p.m. Eastern
Time) on the Fourth Friday
after exam day
28 February 2014
30 May 2014
5 September 2014
28 November 2014
27 February 2015
29 May 2015
4 September 2015
27 November 2015
Similar to many other regulatory and professional organizations, we will not provide you with your actual mark but will simply
advise if you were “successful” (passed) or “unsuccessful” (failed). If you were unsuccessful, the e-mail will also mention in
which of the 15 knowledge areas included on the exam that you scored poorly. This means that you correctly answered less
than one-half of the total number of questions on that subject. This is provided to help you focus your further studying to
attempt the exam again.
Sample Questions
The following exam questions are provided to give exam-takers a reference to the writing style and general format of the FSE,
which consists of scenario-based questions that have one question and four possible responses.
These sample questions have been retired from past exams and may no longer have a correct answer. They are not intended
to be used as a practice test or as comprehensive preparation for the FSE. As such, and to avoid the misconception that an
exam-taker successfully answering the majority of questions correctly under relaxed conditions at home is suitably prepared to
“ace” the actual exam, the answers have not been supplied.
1. SCENARIO: David applied for a Permanent Resident visa as a skilled worker. His application was processed by visa post in
New Delhi, India. The officer refused the application and notified David that he did not meet the requirements. David received
the refusal letter on August 25, 2011. The letter was dated August 1, 2011. David was not satisfied with the refusal and decided
to file a leave to commence an application for judicial review through a lawyer in Canada. He contacted a lawyer on September
25, 2011.
QUESTION: Can David file an application for Judicial Review?
RESPONSES:
a) David cannot file an application for judicial review, because he has not done so within the prescribed time.
b) David can file an application for judicial review, because he has a Canadian lawyer acting on his behalf.
c) David cannot file an application for judicial review, because the officer's decision is final.
d) David can file for judicial review, because he has only thirty days to file overseas.
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2. SCENARIO: Paul has been working for 1 year and 6 months as a medical doctor. He has been working at a hospital and also
in a private clinic. His employment at the hospital was 20 hours per week for 8 months. For last 12 months he has been
working in a private clinic for 30 hours per week.
QUESTION: Can Paul’s experience be considered full-time?
RESPONSES:
a) No, because he has worked at two places.
b) Yes, because he has more than 12 months experience.
c) No, because he has been working only 30 hours per week.
d) Yes, because medical doctors are exempt from working full-time in the Skilled Worker category.
3. SCENARIO: Rudolf received a job offer from an employer in Alberta. He is asking you to represent him in his application for
provincial nomination and permanent residence. During the initial interview, he tells you that he lived in Ontario three years
ago, and that he plans to move there after he receives his permanent residence status.
QUESTION: What should you do?
RESPONSES:
a) Advise Rudi not to mention his plans during the interview with the provincial government.
b) Advise Rudi that his plans to move to Ontario make him ineligible for provincial nomination in Alberta.
c) Proceed with retaining the client. You are not obliged to disclose anything the client tells you.
d) Refuse to retain the client and report him to the PNP office in Alberta.
4. SCENARIO: John sponsored his parents and his youngest brother. They became Permanent Residents in 2005. Neither the
parents nor the brother have used any form of government assistance since their arrival in Canada. In 2011, John married
Hilda, a divorcee from Austria with a 10-year old son from a previous marriage. He wants to sponsor them.
QUESTION: Can John sponsor his wife Hilda and her child?
RESPONSES:
a) No, because he has not completed the undertaking from the previous sponsorship.
b) Yes, because he is not responsible for his parents and brother anymore.
c) No, because his wife has a dependent child.
d) Yes, because he is complying with the terms of the previous sponsorship undertaking.
5. SCENARIO: Mr. Murr owns a jewellery company in Dubai with 55 employees and three sub-offices in London, Beirut and
Singapore. Mr. Murr and his family were accepted as Permanent Residents under the Investor program. After they had been in
Canada for eight months, Mr. Murr decided he could not start a successful business in Canada and decided to return to Dubai,
leaving his family in Canada. Before leaving, however, he opened an import-export office in Vancouver, MTCD Inc., under the
law of Canada. MTCD Inc. is a separate entity from his other four businesses. He hired one full-time assistant manager for
MTCD Inc. and gave himself the position of International Coordinator, in addition to his position as Managing Director. All the
new company's transactions, including Mr. Murr's salary and allowances, were declared on the MTCD Inc. returns and on Mr.
Murr's income declaration submitted to Revenue Canada.
QUESTION: Is Mr. Murr complying with the residency requirements?
RESPONSES:
a) Yes, because he is the Managing Director of a Canadian business incorporated under the law of Canada.
b) No, because he returned to his place of residence before immigrating to Canada.
c) Yes, because he created a new business, a new job for one Canadian citizen and a job for himself.
d) No, because he created the business to keep the status of a permanent resident.
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6. SCENARIO: Winifred is detained by the CBSA and you are called to represent her in a Detention Review Hearing before a
Member of the Immigration Division. She has proposed a bondsperson who is her second cousin, Sarah. Sarah tells you that
she has known Winifred all her life and she is positive that Winifred will listen to her and follow her advice, as she has always
had a beneficial influence over her in the past.
QUESTION: Who can authorize Sarah as Winifred's bondsperson?
RESPONSES:
a) The Member of the Immigration Division.
b) The Minister's representative.
c) Winifred herself.
d) Winifred's Immigration Consultant.
7. SCENARIO: Ernie was retained by Mark to reinstate his study permit. On the day he was retained Ernie had only 7 days left to
get the reinstatement application filed at the CPC in Vegreville. Ernie completed the application but forgot to forward it. The 7
days have now passed and Mark is out of status. Ernie can only rectify this matter by submitting a new application to a visa
post abroad.
QUESTION: What else must Ernie do?
RESPONSES:
a) Advise Mark that he can file for leave for judicial review in the Federal Court of Canada.
b) Return all of the fees paid to Mark and also pay for any out of pocket expenses incurred by Mark.
c) Notify the regulator that he has committed a serious error on a file which may affect the compensation fund.
d) Immediately notify his insurer and Mark and advise him to seek independent advice regarding his rights.
8. SCENARIO: Sam is an entrepreneur from Malaysia. He owns 50% of a legitimate and legal manufacturing company, in which
he has always been a silent partner. The company has divisions in the U.S. and Canada. The company's sales grossed over
$2,000,000 CAD in 2009 and 2010. The company is worth $5,000,000 CAD. He has all of his accounting files and shows them to
you. He is thinking of selling his shares worth $2,500,000 CAD and immigrating to Canada. His personal savings total
$250,000 CAD.
QUESTION: Can Sam apply under a business category?
RESPONSES:
a) No, because he must own 51% of the company.
b) No because he has never actively managed the company.
c) Yes, as an entrepreneur.
d) Yes, as an investor.
9. SCENARIO: Susan is a permanent resident of Canada. She was convicted of armed robbery and sentenced to five years in
prison. She was ordered removed and wants to appeal the decision.
QUESTION: Where should Susan file her appeal?
RESPONSES:
a) The Federal Court of Canada
b) The Immigration Admissibility Division
c) The Immigration Appeal Division
d) The Canada Border Services Agency
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10. SCENARIO: Bruce is in Canada studying at Brookbanks College. On July 7, 2011, Bruce tells you that he forgot to renew his
study permit. The permit expired on November 17, 2010.
QUESTION: How would you advise Bruce?
RESPONSES:
a) Change his status to that of a visitor.
b) He doesn't need a new permit, as he is in a full-time program.
c) Submit an application to restore his status.
d) Leave Canada immediately as he is now illegal.
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