CICC RCIC EPE cheat sheet
CICC RCIC EPE · Keep the key ideas within reach.
Professional Conduct and Ethics
RCIC status is conferred by the College of Immigration and Citizenship Consultants (CICC); the Code of Professional Conduct is binding on all licensees at all times, including outside paid practice.
Core ethical duties: integrity, honesty, candour, competence, confidentiality, avoidance of conflicts of interest, and compliance with the law and with CICC by-laws.
Conflict of interest rule: a licensee must identify any interest that could impair objectivity, disclose it in writing to the client, and obtain informed consent or decline/withdraw from the engagement.
Confidentiality attaches to all client information; disclosure is permitted only with client consent, when required by law or a court order, or to prevent serious harm.
Fees must be reasonable, disclosed in a written retainer agreement before work begins, and not contingent on the outcome of an immigration decision.
Licensees must not misrepresent their authority, promise a result, or communicate with IRCC on behalf of a person without a signed authorization (IMM 5476).
A licensee must not assist or counsel a client to make a misrepresentation; knowingly participating in a false statement exposes both client and licensee to sanctions.
Duty to report: licensees must report to CICC any conduct by another licensee that raises a serious concern about competence, integrity, or public protection.
Supervision: licensees may delegate to staff only tasks the licensee directs and reviews; the licensee remains accountable for all advice and filings.
Immigration Law and Policy Framework
Primary statute: Immigration and Refugee Protection Act (IRPA); regulations: IRPR. IRPA governs foreign nationals' entry, temporary and permanent residence, and refugee protection.
Constitutional division of powers: immigration is concurrent (Constitution Act, 1867, s. 95), with federal paramountcy over provincial laws in conflict.
Federal–provincial agreements (e.g., Quebec, Ontario, BC) allocate selection of economic immigrants; Quebec operates its own selection criteria under the Canada–Quebec Accord.
IRCC administers immigration policy; CBSA enforces at the border and inland; the Immigration and Refugee Board (IRB) adjudicates refugee claims, appeals, and detention reviews.
Key inadmissibility grounds: security, human rights violations, criminality, health, financial reasons, misrepresentation, and non-compliance with IRPA.
Judicial review of immigration decisions lies with the Federal Court; leave is required, and the standard is reasonableness unless the statute dictates otherwise.
Ministerial Instructions and Express Entry govern economic class selection; provincial nominee programs operate under bilateral agreements.
The Immigration Appeal Division (IAD) hears appeals from sponsorship refusals, removal orders, and residency obligation determinations for permanent residents.
Temporary Resident Applications and Advisory Practice
A temporary resident is a person authorized to enter or remain in Canada temporarily; authorization is usually a visa, an electronic travel authorization (eTA), or a permit.
Temporary resident status requires the person to leave at the end of authorized stay; the burden is on the applicant to establish intent to comply.
A work permit requires a Labour Market Impact Assessment (LMIA) unless an exemption applies (e.g., intra-company transferee, significant benefit, reciprocal employment).
Study permits require acceptance at a designated learning institution (DLI); post-graduation work permits are available only for eligible programs and DLIs.
Restoration of status is available for 90 days after loss of status, with a fee; the person must not work or study while restoration is pending unless authorized.
Applications may be refused for misrepresentation under IRPA s. 40, which carries a five-year bar on applications and a permanent record.
A visitor record does not authorize re-entry; it documents the terms of a stay and may extend or restrict status.
Dual intent (temporary entry while a permanent residence application is pending) is permitted; officers must not refuse solely because of a PR application in progress.
Refusals of temporary resident applications have limited appeal rights; the Federal Court is the usual avenue for review, and the applicant may reapply with new evidence.
Permanent Resident Applications and Advisory Practice
Permanent residence is obtained through economic, family, refugee, or humanitarian classes; each class has distinct eligibility and documentation requirements.
Express Entry uses the Comprehensive Ranking System (CRS) to rank candidates in the Federal Skilled Worker, Federal Skilled Trades, and Canadian Experience Class pools.
Provincial Nominee Program (PNP) nominations add 600 CRS points (or a base nomination) and require a provincial endorsement plus federal admissibility review.
Sponsorship requires the sponsor to meet income, residency, and undertaking obligations; the undertaking period varies by family class (e.g., 3 years for spouse/partner, 10 or 20 years for parents/grandparents).
Residency obligation: a PR must be physically present in Canada for 730 days in any five-year period, with limited exceptions for accompanying a Canadian citizen or working abroad for a Canadian employer.
A permanent resident card (PR card) is a travel document, not proof of status; status is lost only by a determination under IRPA or by voluntary renunciation.
Misrepresentation findings under IRPA s. 40 apply equally to PR applications and carry the same five-year bar.
Humanitarian and compassionate (H&C) applications under IRPA s. 25 are discretionary and consider establishment, hardship, and best interests of the child.
Citizenship and Practice Management
Citizenship is governed by the Citizenship Act; the main routes are birth, descent, and grant (naturalization).
Grant requirements: permanent resident status, physical presence of 1,095 days in the five years before application, language ability (18–54), and knowledge of Canada.
Time spent as a temporary resident or protected person counts at half-time, capped at 365 days toward the 1,095-day requirement.
Citizenship applicants aged 18–54 must demonstrate adequate knowledge of English or French (CLB 4) and pass a knowledge test on Canada's history, values, and institutions.
Practice management: maintain a written retainer, a client file with signed authorizations, a conflict-check system, and secure record retention as required by CICC by-laws.
Fees, disbursements, and trust funds must be handled transparently; commingling client funds with personal funds is prohibited.
Continuing professional development (CPD) is mandatory; licensees must track and report CPD hours to CICC annually.
Advertising and solicitation must be accurate, not misleading, and must not imply endorsement by IRCC or the government.
Succession planning: licensees must have a plan for client files in the event of incapacity, retirement, or death, including notice to clients and file transfer arrangements.