ICL820 - Module 3 Knowledge Check - Competence

.docx

School

Queens University *

*We aren’t endorsed by this school

Course

ICL820

Subject

Information Systems

Date

Apr 3, 2024

Type

docx

Pages

4

Uploaded by SuperHumanCat8265

Report
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
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help