March 05, 2010
NEWSLETTER

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Committed to providing you with the latest news in immigration, we have gathered in this edition of our Newsletter information about:

  • New address to file applications for territories not covered by the BIQ in Hong Kong;
  • The official publication of the draft Regulation Respecting Immigration Consultants in Quebec;
  • Proposed changes to the List of Documents to Submit in Support of an Application for a Quebec Selection Certificate; and
  • Upcoming missions for Investor applicants from the Middle East.
CHANGE OF ADDRESS

The MICC announced this week a change in the address where files not covered by the BIQ-Hong Kong must be submitted.

From now on, all applications of nationals from Europe, Middle East, Maghreb, Africa or the Americas in the business category must be sent to the following address:

Service de l'accueil et de l'encaissement- Section Gens d'affaires
Ministere de l'Immigration et des Communautes culturelles
280, rue Notre-Dame Ouest, 4e etage
Montreal (Quebec)
H2Y 2T8
CANADA

DRAFT REGULATION - CONSULTANTS (QC)

The draft Regulation was published in the Gazette Officielle du Quebec of March 3rd, 2010. There is a public consultation period of 45 days before the Regulation can be adopted. 

*We will submit our own comments to the Minister shortly.  We invite you to send us your feedback on this proposed regulation so that our opinion can take into consideration all of our partners' point of view.

The Regulation provides that in order to represent a person who files an application with the Minister of Immigration and Cultural Communities (MICC), an immigration consultant must be recognized in accordance with the requirements set forth in the Regulation. The Regulation also determines the obligation of consultants and provides for the procedure to follow in order to obtain recognition.

Recognition of Immigration Consultants

Only the following individuals can be granted a recognition to act as immigration consultants, which recognition is valid for 1 year:

  • Members in good standing of the Quebec Bar Association or the Quebec Notary Association, and members in good standing of the Canadian Society of Immigration Consultants (CSIC) meeting the following criteria:
    • they carry activities for an enterprise having an establishment in Quebec or registered in the register of sole proprietorships, partnerships and legal persons in accordance with the Act respecting the legal publicity of Quebec;
    • they have neither communicated or contributed to the communication of information they know or should have known to be false or misleading to the Minister, an investigator or an inspector, nor committed an offence against the Act respecting immigration to Quebec or its regulation in the 3 years preceding the application for recognition;
    • they have passed the Minister's exam on Quebec immigration rules; and
    • they show a knowledge of French appropriate to the carrying of their activities.

In order to be granted this recognition, the individual must file an application on the form provided by the Minister, must demonstrate that the above conditions are met with the relevant supporting documentation and pay fees of 500$.
Sixty days before the expiry of the one year validity, the consultant will have to file an application for renewal.

Obligations

Once they are granted the recognition, immigration consultants must obtain a mandate in writing from the person they assist or represent, which mandate must indicate the fees, costs or other expenses required for its execution.
 
Consultants must certify in writing that they took the necessary measures to ensure the authenticity of the documents and the truthfulness of the information communicated to the Minister.
They must inform the Minister of any change in the address of their establishment or of their CSIC membership.

Immigration consultants are forbidden to make false or misleading representations to a person who resorts to their services. They also must not communicate or contribute to the communication of information they know to be false or misleading to the Minister.

Suspension and Revocation

The Minister may suspend a consultant's recognition if the latter is suspended by the CSIC or if they are no longer a member in good standing of their professional associations.

Furthermore, the recognition may be revoked if the consultant:

  • ceases to be a member of CSIC;
  • has communicated or contributed to the communication of information he knows to be false or misleading to the Minister or if he committed an offence against the Act respecting immigration to Quebec or its regulations;
  • has defaulted repeatedly on one or more obligations of this Regulation.

In certain cases, the consultant may not file a new application for recognition before the expiry of a 3-year period following the revocation date.

Register

The Minister will keep a public register of recognized immigration consultants and consultants whose recognition is suspended or revoked.

LIST OF DOCUMENTS TO SUBMIT FOR A QSC

Following discussions with stakeholders, the Minister has revised the List of Documents to submit in support of an Application for a Quebec Selection Certificate.

For the investor category, we are in the opinion that the changes will have little impact in reality because they relate to documents that were already required by officers.

Sections of the List of Documents with the most important changes are the following:

Section 4: Short Term Assets:

  • Applicants must provide the purchase agreement and property title of personal property and in the case of commercial property, the purchase agreement stating, where applicable, the key money amount;
  • If the value of real estate is used to meet the $800,000 CDN minimum, applicants must provide a professional valuation report prepared by an individual or company certified by competent authorities (justice department or government authority). The report must be accompanied by the license of the expert confirming that the latter is officially authorized by the government to perform real estate valuations;
  • When the applicant declares investments made on the stock market, he must provide a copy of statements of securities transactions, or investor book, where applicable, accompanied by the history of changes in the portfolio.

Section 5: Applicant's Income

  • The Applicant must provide his personal income tax returns, where applicable, accompanied by notices of assessment for the last 3 years;
  • Attach pay slips stating the salaries and/or certificate true copies of business accounting receipts for bonuses and commissions or dividends where applicable;
  • Identify on copies of the applicant's banking history the amounts corresponding to declared modes of remuneration;
  • For applicants receiving income from their enterprise, the corporate and personal bank accounts must be provided, attesting to the effective distribution of dividends, bonuses, commissions and salaries (Section 6.5).

Section 6: Business Documents

  • The business registration or publication in the Gazette officielle must be provided to confirm the creation of the company, its privatization, its latest renewal or cessation AND for any change in the shareholder structure.
INVESTOR APPLICANTS FROM THE MIDDLE EAST

Most Investor applicants from the Middle East, including Iran, are now invited to attend their selection interview in Montreal.

For applicants who cannot travel to Montreal, missions in Paris and Damascus should take place in July, while there should be additional missions held in Ankara in late August 2010.

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