(hereafter referred to as “CLIENT”)
AND
FWCANADA Inc., a federally registered corporation, having its head office at 6600 Boulevard Decarie Suite 140, Montreal, Quebec H3X 2K4, herein represented on her own account by Attorney Marisa Feil
(hereafter referred to as “the LAW FIRM”)
PREAMBLE:
The CLIENT hereby agrees to retain the LAW FIRM to provide legal counsel and assistance with regard to Canadian immigration and the LAW FIRM does hereby agree to provide such services, the whole subject to the following terms and conditions.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. ENGAGEMENT OF THE LAW FIRM
The Client hereby agrees to engage the LAW FIRM in order to assist him or her with:
- the preparation, submission and update of a single Expression of Interest for economic immigration to the Province of Quebec, Canada under the Québec Regular Skilled Worker Program on the Arrima portal, in accordance with the Québec Immigration Act in effect as of August 2nd 2018 (the Expression of Interest), subject to the terms and conditions set forth below.
- The LAW FIRM agrees to use its reasonable professional efforts to assist the Client and fulfill its obligations under this Retainer Agreement. The Client acknowledges that the LAW FIRM cannot guarantee the Client’s eligibility under the Québec Regular Skilled Worker Program. Also, the Client expressly acknowledges that the submission of the Expression of Interest to the Arrima portal does not guarantee that the Client will receive an invitation to apply for a Certificat de Sélection du Québec (the CSQ) under the Québec Regular Skilled Worker Program. The Client further acknowledges that the LAW FIRM has no control over the processing times or the actions and decisions of the Quebec and Canadian immigration authorities (collectively, the Immigration Authorities) or any individuals and organizations not related to the LAW FIRM.
- The LAW FIRM shall provide assistance exclusively from Canada. The LAW FIRM shall provide services under the terms of this Retainer Agreement until the Client receives an invitation to apply for a CSQ, or for a period of one (1) year from the execution of this Retainer Agreement, whichever occurs earlier.
- If the Client receives an Invitation to Apply for a CSQ through the Arrima system within one (1) year from the execution of this retainer agreement, the LAW FIRM shall continue to provide services under the terms of this Retainer Agreement until the final disposition of the submitted APPLICATION by the Immigration Authorities. However, the CLIENT acknowledges that the LAW FIRM will not be required to continue providing services under this Retainer Agreement if, through no fault of the LAW FIRM, the APPLICATION is not submitted to an appropriate Canadian Immigration Office within one (1) year of the execution of this Retainer Agreement.
2. DUTIES OF THE LAW FIRM
The LAW FIRM shall be responsible for the performance of the following duties:
- Review the Client’s qualifications, and advise the Client as to what must be done in order to be eligible for a CSQ under the Québec Regular Skilled Worker Program;
- Provide guidance to the Client with regard to the creation and registration of an online profile on the Arrima portal;
- Advise the Client about the necessary documents required to complete the Expression of Interest on the Arrima Portal;
- Review the Client’s Expression of Interest and documents prior to submission of the Expression of Interest to the Quebec immigration authorities;
- Assist the Client with any necessary updates to the Expression of Interest on the Arrima portal;
- Advise the Client about the necessary evidence required that best represents the Client’s language proficiency, work experience, education and training, and civil status for submission of the Client’s Expression of Interest to the Arrima portal;
- Track the Client’s Expression of Interest with the Quebec immigration authorities for the duration of this Retainer Agreement;
- Make written and/or oral representations to the Quebec immigration authorities, as necessary.
If the client is invited to apply for a Quebec Selection Certificate (CSQ) through the Arrima system during the one (1) year from the execution of this Retainer Agreement, the law firm shall:
- Assist the CLIENT in the preparation of the Canadian Government application forms;
- Advise the CLIENT about the amount of government fees, required to support of the CLIENT’s application;
- Advise the CLIENT about the necessary evidence required that best represents the CLIENT’s language proficiency, work experience, education and training, and civil status, as per current program requirements;
- Review the CLIENT’s applications and supporting documents prior to submission to the appropriate Immigration Authorities;
- Submit the CLIENT’s application packages, at the CLIENT’s expense, to the appropriate immigration Offices and verify arrival;
- Track the CLIENT’s file through the entire Canadian immigration process;
- Prepare the CLIENT, in advance, for a possible Selection Interview with an Immigration Officer, if an interview is requested;
- Make additional written and/or oral representations to the Immigration Offices as necessary;
3. DUTIES OF THE CLIENT
The Client shall be responsible for the performance of the following duties:
- Provide valid contact information, including email address, telephone, and mailing address, to the LAW FIRM, at all times during the validity of this Retainer Agreement, and immediately notify the LAW FIRM of any changes in contact information;
- Follow the LAW FIRM’s reasonable advice in order to maximize eligibility and ranking for a CSQ under the Québec Regular Skilled Worker Program;
- Immediately disclose to the LAW FIRM 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 and/or any of his/her dependents;
- Provide all information and documents requested by the LAW FIRM 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;
- Immediately advise the LAW FIRM if there are any changes to the Client’s personal information, language proficiency, work experience, education and training, or civil status, or if the Client receives a validated offer of employment in the Province of Quebec, Canada;
- Ensure that all educational 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 have the Credentials assessed according to the requirements of the Quebec immigration authorities at the Client’s expense. Also, the Client hereby acknowledges that the LAW FIRM will store the Client’s personal identifiable information in compliance with the Bar of Quebec requirements;
- Provide sufficient documentation to support all qualifications claimed, including, but not limited to, proof of language proficiency and Canadian equivalence of the Credentials, as advised by the LAW FIRM and/or required by the Quebec immigration authorities; the Client hereby acknowledges that providing false or misleading information may result in being banned from Canada for a period of five (5) years;
- Demonstrate possession of sufficient unencumbered funds so as to be able to support the Client and his/her dependents upon their arrival in Canada, in accordance with the norms and guidelines established by the Immigration Authorities;
- Immediately advise the LAW FIRM of any and all written, electronic or telephone communication received by the Client from the Immigration Authorities;
- Attend all interviews if called upon to do so by the Quebec immigration authorities. The Client is responsible for making all necessary travel arrangements at his or her own expense;
- Pay the fees required by the Immigration Authorities for the handling and processing of the Client’s Expression of Interest, if and when applicable;
- Pay the fees required for the evaluation of language ability, professional, vocational or educational qualifications by the appropriate authorities, as well as for the translations in the format required by the Quebec immigration authorities, if and when applicable;
- Pay to the LAW FIRM “In Trust” all of the fees payable to the LAW FIRM, as set forth in the section the 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, including any applicable taxes, at the LAW FIRM’s principal place of business in Montreal, Province of Quebec, Canada.
4. FEES
The Client agrees to pay to FWCANADA INC. IN TRUST the amount of CAD 3000 plus any applicable taxes, on account of the LAW FIRM FEES as per the following schedule:
- The sum of CAD 1000 plus any applicable taxes, immediately upon execution of this Retainer Agreement by the Client.
- The sum of CAD 1000 plus any applicable taxes, immediately upon confirmation from the LAW FIRM that the CLIENT’s ARRIMA profile is ready for dispatch Quebec Immigration Office, or 60 days after execution of this Retainer Agreement, whichever occurs earlier;
- The sum of CAD 1000 plus any applicable taxes, immediately upon receiving a Québec Selection Certificate or upon final disposition of the CLIENT’s APPLICATION, or 180 days after execution of this Retainer Agreement whichever occurs earlier.
The Client agrees that the LAW FIRM shall not be required to commence or continue carrying out its duties herein set forth until such time as the LAW FIRM has received the said fees in trust.
The Client authorizes the LAW FIRM to release the installment of the LAW FIRM FEES from the LAW FIRM’s trust account after the LAW FIRM has established a file in its office for the Client and reviewed the client’s qualifications.
The Client expressly recognizes that only the LAW FIRM is authorized to issue receipt(s) for payment of the LAW FIRM’s FEES and that the said receipt(s) will only be issued upon the reception of the LAW FIRM’s FEES by the LAW FIRM as herein set forth.
The Client expressly recognizes that the fees quoted above are for the preparation, submission and update of a single Expression of Interest to the Arrima portal only. The Client further acknowledges that additional FEES shall be payable to retain the LAW FIRM to assist with additional services, including but not limited to, applications for permanent residence in Canada, applications for provincial or territorial nomination, applications for a labour market impact assessment or validation of a job offer.
5. INTERPRETATION
- This Retainer Agreement shall be governed by the laws in effect in the Province of Quebec, Canada.
- 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;
- This Retainer Agreement 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;
- This Retainer Agreement constitutes the entire agreement between the LAW FIRM 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.