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Gary, a citizen of the USA and a war resister, calls you from New York. He wants to know if he can make a claim

Gary, a citizen of the USA and a war resister, calls you from New York. He wants to know if he can make a claim for refugee protection against the US at a Canadian port of entry.

Is Gary allowed to make a claim for refugee protection at a port of entry?

a. No, because the "Safe Third Country Agreement" between Canada and the USA makes him ineligible to apply in Canada for protection.

b. Yes, because the "Safe Third Country Agreement" between Canada and the USA is no longer in force.

c. Yes, because the "Safe Third Country Agreement" between Canada and the USA does not apply to citizens of the USA.

d. No, because citizens of the USA cannot apply for refugee protection because they live in a democracy where state protection is provided.

2. Jessica, a citizen of Mexico, was issued a TRV with an authorized period of stay of six months to visit her mother.Unfortunately, her mother was diagnosed with cancer while Jessica was in Canada and she is the only one available to look after her mother. While taking care of her sick mother shecompletely forgot about her visitor status and overstayed her visit by 60 days. She has visited Canada before and has always complied with conditions of entry.

Which of the following statements is correct?

a. By contacting CPC-V she will most likely be issued a removal order.

b. She can apply for a restoration of her visitor status and pay the appropriate processing fee.

c. She has to leave Canada immediately and apply for a new TRV at the Canadian visa office in Mexico.

d. She can apply for a temporary residentvisa at CPC-V and explain her situation.

3. Saad has been nominated for selection in the British Columbia Provincial Nominee Program. He is asked to attend an interview with his wife at the Canadian visa office. Saad's wife discloses to the visa officer during their interview that she has a cousin in Saskatoon who has promised to help them once they obtain their permanent resident status. For this reason, they plan to reside in Saskatoon. In light of this new information, can the interviewing officer refuse the application?

a. The interviewing officer can refuse the application after consulting with a local Immigration, Refugees and Citizenship Canada (IRCC) office in British Columbia.

b. The interviewing officer can refuse the application if satisfied that the applicant does not intend to reside in British Columbia.

c. The interviewing officer must consult with the nominating province and obtaining the concurrence of a second officer before refusing the application.

d. The interviewing officer cannot refuse the application - except for inadmissibility reasons - because the nomination certificate has already been issued.

4. Roberto is reluctant to divulge his financial situation at the Alternative Dispute Resolution (ADR) meeting in fear that the information obtained will later be used at the hearing of his appeal to the Immigration Appeal Division. His financial situation is not good because he has been unemployed for a few months. He has however received a job offer and will start to work shortly after the ADR meeting. He asks you whether he should divulge his financial situation at the ADR if asked to do so. Should Roberto divulge his financial situation at the ADR?

a. He should do so, and there is nothing you can do to prevent the information from being used at the hearing.

b. He should do so, since all information obtained at the ADR meeting will be confidential unless he agrees to its disclosure at the full hearing.

c. He should not do so, and you will object if asked at the ADR to divulge his financial situation.

d. He should not do so, as he will have a job by the time the appeal is heard.

5. Ali, a citizen of Iran applied for permanent residency on humanitarian and compassionate grounds. His application was approved and he was issued a temporary resident permit as he was medically inadmissible to Canada. He has been in Canada for one year. When can Ali apply for PR under the Permit Holder class if he continues to reside in Canada as a permit holder?

a. In3 years.

b. In 5 years.

c. In10 years.

d. In2 years.

6. Maria, a Romanian citizen visiting her Canadian boyfriend, was detained two weeks ago by CBSA after she was picked up for shoplifting in Whitehorse, Yukon. She pled guilty to the charge and was convicted of Theft under $5,000.00 and sentenced to 10 days in jail. While she was serving her sentence, she was issued a deportation order and the CBSA officers are in the process of applying for a passport to remove her from Canada as she told the CBSA officer that her passport was stolen the night before her arrest. Her sentence has now ended and she began her Immigration detention two days ago when CBSA arrested her for being a flight risk. She has a detention review scheduled before the ID tomorrow. Which of these arguments could assist in obtaining her release from detention?

a. Argue that she is neither a flight risk nor a danger to society, as her arrest was for shoplifting. Provide evidence that she was visiting her boyfriend in Canada at the time of her arrest and that she was planning on leaving in the next few weeks. She will leave Canada once she obtains the passport. In the meantime, she can stay with her boyfriend who has offered to pay for her ticket back to Romania and pay for her living expenses.

b. Argue that she is not a flight risk since her only crime was a minor shoplifting incident which she has paid her dues for, and that it was not her fault that her passport was stolen.

c. Argue that CBSA will need months before they can obtain a passport which means she faces a long detention period and she is not a danger risk to Canadian society.

d. Argue that CBSA had no authority to detain her as she was arrested for a shoplifting offence which she has served her time for. Previous to this incident, she was visiting in Canada and therefore there are no grounds for detention.

7. Tommy, a Chinese National, came to Canada on November 23, 2010 as a permanent resident after being sponsored by his Canadian citizen wife. On January 5, 2012, Tommy returned to China to care for his mother who was diagnosed with a heart condition. His wife would visit Tommy in China as often as she could. Tommy came to Canada twice during this period for one month. His mother passed away on January 5, 2017. Tommy now wishes to return to Canada to be with his wife. His Permanent Resident (PR) card has expired and he does not meet the residency obligations. He contacts you for advice. What advice would you give Tommy at this time?

a. Apply for permanent residence as the sponsored spouse of a Canadian citizen.

b. Apply for a travel document from a Canadian visa office and request the use of humanitarian & compassionate considerations.

c. Apply for a new PR card.

d. Apply for a PR card and ask for humanitarian and compassionate consideration.

8. Mr. Wong has just been granted Convention refugee status.

When can he submit an application for permanent residence in Canada?

a. There is no time limit.

b. Within one year of the date Mr. Peng received the decision.

c. Within 180 days of the date of the decision.

d. Within 30 days of the date of the decision.

9. Boris's application for permanent residence as a member of the Family class was refused as the visa officer did not believe that this marriage to Zahra, a Canadian citizen, was genuine. Zahra received the refusal letter on April 17, 2017. The letter was dated April 6, 2017. When does Zahra have to file an appeal at the Immigration Appeal Division?

a. 30 days from the date when the letter was issued.

b. 30 days from the date when she received the letter.

c. 15 days from the date when the letter was issued.

d. 15 days from the date when she received the letter.

10. Harold applied for permanent residence to Canada, but he was denied. He was convicted three years ago of theft under $5,000 in his country, which is equivalent to the Canadian criminal code s334(b). He was issued a 6-month probation order. His sentence was completed 2.5 years ago.

What should Harold do if he wants to reapply for permanent residence? a. Reapply for permanent residence and submit the application with a Pardon.

b. File an immigration appeal within 60 days of the refusal notice.

c. Wait until enough time has passed since he has completed his sentence, and then apply for criminal rehabilitation.

d. Reapply for permanent residence and submit the application with a TRP application.

11. Joel, an American citizen, arrives at a Canadian port of entry to apply for a work permit. He advises the CBSA officer that he has been offered employment as a Senior Marketing Manager by the Canadian subsidiary of the American company he has worked for. He has held a similar position at the company's New York headquarters for the last two years. On what basis will Joel be granted a work permit?

a. Joel may be granted a work permit because he qualifies as a NAFTA intra-company transferee and exempt the need to obtain an LMIA.

b. Joel may be granted a work permit because he is an American citizen applying for a work permit at a Canadian port of entry.

c. Joel may be granted a work permit because the Canadian subsidiary has made him a bona-fide offer of employment.

d. Joel may be granted a work permit because he qualifies as a NAFTA professional and is exempt an LMIA.

12. Kazuo is a Japanese citizen and has an acceptance letter from a Canadian university. Kazuo has all the required documentation to apply for the study permit. However on a recent visit to Canada seven months ago, he was discovered working for his brother without a work permit by the CBSA officers. He left Canada immediately on the advice of the immigration consultant and did not report for the hearing scheduled at the ID one week later that most likely would have led to his being issued a removal order. The officer had evidence to establish that he had worked for his brother without authorization for three months. It has now been four months since he worked for his brother without authorization. If Kazuo applies now, will a study permit likely be issued to him?

a. Yes, because he was not issued a removal order and he has all the required documentation to apply for a study permit.

b. No, because he left Canada and did not report for his admissibility hearing that was scheduled one week after he left Canada.

c. No, because he has previously worked without authorization in Canada.

d. No, because six months has not elapsed since he worked without authorization in Canada.

13. Two years ago, Linda, a citizen of the Philippines, entered Canada on a work permit to work as a caregiver. She worked in a private household for one year, but became unemployed for a period of six months. She subsequently found two new employers. She worked for both of them at the same time for another six months. Does Linda qualify at this time to apply for permanent residence as a Caregiver?

a. Yes, because she has been in Canada as a caregiver for a period of two years.

b. No, because she was unemployed for six months.

c. Yes, because she has earned the 3900 hours of full-time work as a caregiver when she worked for the two employers at a time.

d. No, because she has not worked 3900 hours of full-time work as a caregiver in the past four years.

14. Maddie has obtained a Saskatchewan provincial nominee certificate as a skilled worker and is awaiting the decision on her permanent residence application from the Canadian visa office abroad. Which of the following cannot be a basis for the visa office to refuse Maddie's application?

a. She is unlikely to be able to successfully establish economically in Canada.

b. She has earned a minimum of 35 points on the SINP Assessment Rating and met the required criteria under the SINP program.

c. She does not possess the minimum language levels of CLB7 in either English or French.

d. She does not intend to live in Saskatchewan.

15. Nina tells you that she wants to sponsor her parents and include her sister Barbara who is single and 26 years old. Barbara lives with her parents and has been financially dependent on her parents all of her life. She has not been able to find any employment since she completed her Bachelor of Arts degree two years ago. Will Nina be able to include Barbara in the sponsorship application as a dependent?

a. No, because she does not qualify as a dependent child of their parents.

b. Yes, because she has the potential to be self-supporting.

c. Yes, because she is financially dependent on her parents and qualifies as their dependent child.

d. Yes, because she has not worked since the completion of her full-time studies, is not married and continues to be dependent on her parents for support.

16. Under the ICCRC Code of Professional Ethics, you are obligated to withdraw as representative under all scenarios below, except for which one?

a. You are not competent to handle the client file.

b. You are deceived by the client.

c. You are discharged by the client.

d. There is a conflict of interest.

17. Tony is a citizen of Brunei who recently graduated from a Canadian university with a Master of Science degree. While taking his four-year Bachelor's degree in Brunei, Tony worked during the summer for three months each year as a data processing clerk. During his two-year Master's program in Canada, he worked on campus an average of 10 hours per week as a research assistant. He has been working full-time since he received his post-graduation work permit as a statistical analyst for a period of 10 months and works approximately 50 hours per week including overtime.

Does Tony have sufficient work experience to qualify under the CEC category under Express Entry?

a. No, because the overtime work cannot be calculated in the hours worked.

b. No, because he does not have at least one year of full-time Canadian employment experience.

c. Yes, because he has been working part-time continuously during the last two years at a Canadian University.

d. Yes, because he has accumulated 2000 hours of work experience including overtime in the past 10 months.

18. Rita, a Jamaican national, is in Toronto visiting her sister. While in Canada, she meets a caregiver who is working in Canada and becomes interested in applying for a work permit as a caregiver as she understands it will allow her to apply for permanent residence. Rita comes to you for advice. She tells you that she has completed 1 year post-secondary education and has 2 years of full-time paid work experience looking after children in her home. She is fluent in English.

What do you tell her?

a. She must find an employer who will offer her a minimum of 2 years of employment and then she can apply for a work permit as Home child care provider from within Canada.

b. She must complete six months of full-time training in childcare, obtain an employment contract, and then apply for a work permit as a caregiver from abroad.

c. She must obtain an employment offer, her employer must obtain an LMIA and then she can apply for a work permit as a Home child care provider from abroad.

d. She must obtain an employment contract and then she can apply for a work permit as a Home child care provider from within Canada.

19. Ralph is issued a departure order at the POE because he was previously landed ten years ago when he married a Canadian. They split up and he returned to the US a year later. He is visiting a client in the Montreal region. At the POE, the CBSA officer notices that he was previously landed and there is no further action. He confirms with Ralph that he is no longer living in Canada and has no intentions of returning to Canada to live, only to conduct business.

What do you think is the most likely action that the CBSA officer will take?

a. Advise him that he is no longer a permanent resident and ask him to sign a sworn declaration to confirm that he is no longer a permanent resident.

b. Prepare an A 44 (1) report and recommend that he be issued a departure order, with the right of appeal, to take away his permanent resident status.

c. Advise him that he is still a landed immigrant/permanent resident and allow him entry by right.

d. Advise him that he is no longer a permanent resident and issue him a visitor document to confirm this.

20. Inaz, a newly licensed immigration consultant, has opened a practice in Romania. She is very excited because it is her first day of operation and four clients have already signed retainer agreements with her and paid her retainer fees for services not yet rendered. She deposits these funds into her general business account, which is a chequing account, without delay.

Why is it improper for Inaz to deposit the retainers into her general business account?

A. Because the funds were paid abroad and they will not be subject to Canadian tax.

b. Because her general account is a chequing account.

c. Because the funds were for immigration consulting services not yet rendered.

d. Because all parts of her consultancy have not yet been established.

21. Nick is a Canadian Citizen who has just returned from a five-day trip abroad. During this trip he finalized the process of legally adopting Lance, a 17-year-old orphan. Nick enjoyed the trip as it gave him a second chance to see his son and bond with him. Nick has filed a sponsorship application and included the following documentation as evidence that the adoption is in the best interests of the child: a copy of the adoption papers indicating that the process was in accordance with the laws of Lance's country of origin, copies of his communications with Lance, gift receipts and plane tickets.

Which of the following could be a basis for Nick's sponsorship application being refused?

a. Nick has adopted a foreign national who is over the age of 16 but did not include proof that as the sponsor, he has no other living relatives in Canada.

b. Lance and Nick have only seen each other on two occasions which, according to the Regulations, is not enough contact for the development of a genuine relationship.

c. Lance and Nick have only recently developed a genuine parent-child relationship during Nick's latest visit and just before the adoption was finalized.

d. Nick does not have proof that a home study has been conducted by an accredited social worker in his province of residence.

22. After meeting with her Investor client, Clair drafts a retainer agreement outlining the scope of her services, fees and disbursements, payment plan; her ICCRC ID and ICCRC contact information. The client signs the retainer and Clair calls her bank to arrange for the transfer of the investment funds. Clair's bank has received clients through Clair in the past and pays her a commission.

Is the retainer agreement consistent with the ICCRC Rules of Professional Conduct?

a. Yes, as Clair is not obliged to disclose any financial interest she may receive from a third party.

b. No, as it did not disclose the name of the bank Clair would enlist to facilitate the investment.

c. No, as Clair did not disclose that she would be receiving a commission from the bank.

d. Yes, as Clair provided information regarding ICCRC, including contact information.

23. Zhao is a citizen of China and applies for a TRV to come to Canada on a business trip. Zhao came to Canada as a student in the year 2000 and obtained his landed immigrant status in 2010. He left Canada in 2011 and has not returned since. He did not become a Canadian citizen and had no intention of ever returning to Canada to live.

What is the most likely outcome that will occur at the visa office?

a. He will be asked to relinquish his landed immigrant status and then he will be issued a TRV.

b. He will be advised that he has lost his landed immigrant status due to the residency obligation. He will be asked to sign a waiver of his right to appeal prior to being issued a TRV.

c. He will be advised that he has lost his PR status and that he has 30 days to appeal the decision.

d. He will be issued a TRV since he has lost his PR status based on the residency obligation and he meets the visitor requirements.

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