ICL820 - Module 3 Knowledge Check - Competence
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Queens University *
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ICL820
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Information Systems
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Apr 3, 2024
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Module 3 – Knowledge Check - Competence
1
There are many standard ways for a consultant to gain competence in a potential new area of practice. However, other strategies for acquiring competency in a new area should be avoided. A poor way to learn to apply for an LMIA (Labour Market Impact Assessment), a complex application, would be through: a)
Referring the LMIA to an experienced practitioner to represent, while you work on it pro bono to learn
b)
Finding a specialist to mentor you while you represent c)
Taking seminars and researching as much as possible d)
Finding an experienced RCIC to jointly take on the file with you This is not an effective way to learn LMIAs. Seminars and research can suffice in areas that are an adjunct to your current practice but are unlikely to make you competent in a major new specialized area. 2
Johan is a new practitioner who recently opened his office in Brandon, Manitoba, hoping to build up his practice in employment immigration. He has been conducting outreach to numerous companies in the agricultural sector across western Canada offering to provide services. Johan took on a case for a Saskatchewan hog producer, not realizing the province has additional requirements for representatives bringing foreign workers to that province, which credentials he does not have and cannot quickly obtain. Therefore, he was
not competent to take this case. The most specific provision of the Code regarding this type of incompetence is: a)
Section 19(1) b)
Section 19(2)(f) c)
Section 19(2)(c)
d)
None of the above This deals with maintaining knowledge of the regulator's requirements 3
Claire Lavoie, an RCIC working in an immigration company in Fort McMurray, specializes in obtaining permanent residence for foreign workers and their families. She is representing a UK citizen, Charles Haywood who qualifies in the Canadian Experience Class to apply through Express Entry. Claire sent Charles her standard questionnaire to fill out with all the information needed for the forms and process. One question asks: "Do you have any criminal record" to which Charles replied "None". However, once his UK certificate came back, he had a conviction for assault in 2014 with a minor penalty. This raises several issues for Claire, as she does not feel competent to advise him on the impact of the criminal record. Claire might have avoided this situation by: a)
Not taking the case
b)
Insist Charles get his UK police certificate before entering into a service agreement
c)
A more robust screening process regarding criminal records d)
It was probably not avoidable
This is not practical – professionals must rely on the information given by clients at the initial stages and trust they can prove it as the documents are obtained. 4
Immigration consultants are not permitted to provide any immigration advice or services outside the scope of their RCIC licence. Which of the following matters would be outside the scope of an RCIC's licence?
a)
Asking an immigration officer to re-consider a study permit refusal b)
A citizenship application for a child born abroad c)
A Federal Court application to review an Express Entry refusal d)
Options for an out-of-status foreign worker Advising on any Federal Court matters is outside the scope on an RCIC licence 5
Peter is an immigration consultant in Calgary and has worked in the field for 20 years. Before that, he was an immigration officer with IRCC for 10 years, mostly
assigned to H&C cases. For the past two decades his practice has largely focused on corporate immigration and foreign workers, namely employment-
related immigration. Which type of case is most likely outside Peter's scope of practice? a)
The City of Calgary's request to hire an architect as he has never processed an architect b)
A humanitarian and compassionate case on medical grounds
c)
A refugee d)
All of the above He has never worked in this area and has only limited knowledge. It is a complex area, which is not easy to learn quickly by reading when you have no background or
experience. He would not be competent. 6
Sergio represents Vladimir Zegrovtich who was approved as a Manitoba nominee. Vladimir is now being screened for admissibility by IRCC. He served as
a high-ranking officer in the Serbian army during the Bosnian war, all of which is disclosed on his military history form. IRCC sent a procedural fairness letter alleging Vladimir may be inadmissible for human or international rights violations under s. 35 of IRPA due to his military history. He has 30 days to reply with further information. Sergio does respond in time, with more explanations from the client doing his best as this is his first s. 35 case. The application is refused for inadmissibility. At what point in time should Sergio have recognized his own incompetency? a)
At the initial consultation b)
Upon completing the forms answering the military questions c)
Upon receiving the procedural fairness letter d)
Upon getting the refusal This would be ideal, but a consultation for practical reasons cannot always probe deeply enough to uncover all potential admissibility issues
7
Areas of competence of any licensed individual will always be set by the scope of
their licence. The scope of their licence will be determined by the class of
licence they are granted by the licensing body. A licensing body has the legal authority, usually given by a federal or provincial statute, to grant and revoke licences. In the case of immigration consultants, the licencing body is authorized to permit licensees to its members to advise the public on, for example, citizenship matters. This authority to issue such licences is granted by:
a)
section 91(1)(c) of IRPA b)
the College Act c)
section 21.1(2)(c) of the Citizenship Act d)
the Board of Directors of the College Hide question 7 feedback
This provision permits members in good standing of the College to charge people for assisting in citizenship matters, but does not authorize the College to issue licences. 8
Alice Huang is preparing a family class sponsorship for a Canadian citizen who is sponsoring her husband Francois Gerard for permanent residence. When Francois' police certificate came back, it showed a conviction for theft in Paris in 2006. Francois is adamant he has no criminal record and it must be a case of mistaken identity. This is Alice's first encounter with this problem. As a first step, her best course of action is to: a)
Submit the record to IRCC with an explanation about mistaken identity and see what happens
b)
Insist the client own up to it otherwise she will not represent them c)
Seek the client's permission to discuss the record with a colleague knowledgeable about French certificates d)
Cease representing the clients This is permitted under s 20(1)(b), and a sensible first step as it is possible there is a
known issue, or process to pursue or a simple solution. Client's consent is needed due to the likely necessity to use names. 9
An RCIC who receives an email requesting help with a sponsorship appeal when they do not work in that area may take the following action: a)
Forward the email to a colleague who does these appeals
b)
Ask the potential client if they would like a referral c)
Contact a capable colleague to see if they would pay a referral fee for the case d)
Tell the client you do not work in this area but could learn it if desired, as it is within the scope of your licence Correct – this avoids breaching confidentiality by getting authorization first and is usually appreciated by potential clients 10
IRCC is increasingly moving to online applications, using numerous platforms and
digital processes. Part of being competent means that immigration consultants must have appropriate and effective technology for delivering services. The most relevant provision in the Code which requires this is:
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a)
Section 19(2)(e)
b)
Section 22(1)(b)
c)
Section 22(2) d)
Section 22(1)(e)
It is essential to provide services efficiently, but this is not the most specific provision