If you find yourself facing a situation where the Immigration, Refugees and Citizenship Canada (IRCC) has issued a Procedural Fairness Letter (PFL), it is crucial that you submit a comprehensive and well-supported response. Failure to do so can result in a refusal of your application, and in certain cases, may lead to inadmissibility to Canada with a 5-year ban for misrepresentation. It is essential to seek professional assistance in crafting an effective response, as this is the only opportunity provided by the IRCC to respond before a decision is made on your application.
A Procedural Fairness Letter is commonly issued for the following reasons:
Procedural Fairness Letter is issued for Genuineness of the relationship
The genuineness of a relationship is an important factor that is evaluated by the Immigration, Refugees and Citizenship Canada (IRCC) when assessing Spousal Sponsorship applications. Subsections 12(1) and 4(1) of the Immigration and Refugee Protection Act outline the criteria that must be met for a relationship to be considered genuine. These include, but are not limited to, living together in Canada for Inland Sponsorship, legal recognition of marriage, and sufficient evidence to establish a common-law relationship.
It is not uncommon for individuals to receive Procedural Fairness Letters from IRCC questioning the genuineness of their relationship or stating that the requirements for sponsorship have not been met. This can occur for a number of reasons, such as inconsistent information on forms and supporting documents, insufficient evidence to support the relationship, or previous applications submitted by the sponsor or applicant that contain conflicting information.
For example, if a spousal sponsor has previously applied for Permanent Residence on their own, and did not declare their marriage, or if a previously submitted Travel, Study or Work permit does not mention the existence of a spouse, this can be seen as a red flag by IRCC. Additionally, if the current marriage is not recognized as legal due to the divorce of a previous marriage not being finalized before the new marriage, the spouse would not be considered part of the Family class and would not be eligible for sponsorship, unless they have been living together for a continuous period of one year and can be considered common-law partners.
In order to overcome these concerns and provide strong evidence of the genuineness of the relationship, it is recommended to retain professional help and to provide detailed responses with factual arguments to any PFLs received. This is the one and only opportunity to provide a response before the application is refused and it could result in serious consequences such as a 5-year ban for Misrepresentation.
Procedural Fairness Letter is issued for Medical Inadmissibility
Subsection 38(1) of the Immigration and Refugee Protection Act (IRPA) states that an individual may be deemed medically inadmissible to Canada if they are likely to place an excessive demand on the country’s health or social services. This excessive demand is typically determined by a projected annual cost exceeding $20,517 CAD. This determination is often made in cases involving Parental Sponsorship applications, as well as other types of Permanent Resident applications. It is crucial that a detailed response, along with supporting documentation such as secondary opinions and a medical plan, is submitted to the Procedural Fairness Letter received from the Immigration, Refugees and Citizenship Canada (IRCC).
Procedural Fairness Letter is issued for Misrepresentation
IRCC may determine that an individual has committed misrepresentation if they believe that the individual provided false or misleading information or fraudulent documents in an application. This can occur as a result of deliberate or unintentional actions, such as failing to disclose a previous refusal of a visa to another country on an application. In such cases, the individual may be deemed inadmissible to Canada and may be subject to a 5-year ban. It is important to note that sometimes, IRCC may make an error in judgment when reviewing an application. Therefore, it is crucial to address any issues of misrepresentation in a comprehensive and timely manner to prevent the application from being denied and the individual from being banned from Canada.
Procedural Fairness Letter is issued for Criminal Inadmissibility
If an applicant has a previous criminal conviction, either in Canada or abroad, they may be deemed Criminally Inadmissible to Canada. This can prevent them, and potentially other family members included in the application, from obtaining Permanent Residence status or a Temporary Resident Visa, resulting in a refusal of the application. It is important to note that even non-accompanying family members, such as a spouse, who are not applying for Permanent Residence can potentially prevent the entire family from obtaining PR if they have a criminal or medical issue. It is important to seek professional assistance to understand and address any potential inadmissibility issues.
Procedural Fairness Letter is issued for Express Entry: Wrong NOC, employment letter, insufficient evidence
If an individual has submitted an Express Entry application and receives a Procedural Fairness Letter (PFL) from the Immigration, Refugees and Citizenship Canada (IRCC), it is critical to understand that the issues outlined in the PFL must be addressed in a detailed and compelling manner. The most common reasons for a PFL in an Express Entry application include insufficient evidence of work experience, such as using the incorrect National Occupation Classification (NOC) code or a lack of detail in an employment letter. Additionally, PFLs may also be issued for reasons related to medical inadmissibility, criminal inadmissibility, misrepresentation or issues with dependents on the application, such as proving the relationship of a spouse or children. It is essential to retain professional assistance to address these issues in a comprehensive and persuasive manner, as failure to do so can result in the refusal of the application.
Procedural Fairness Letter is issued for Security Reasons
It is of paramount importance for individuals who have served in government, military, or held positions closely associated with government, to provide additional information to the Immigration, Refugees and Citizenship Canada (IRCC) in order to prevent themselves from being deemed inadmissible for security reasons. Additionally, individuals who have been associated with organizations that IRCC may consider to have ties to terrorism, must take necessary steps to clarify their involvement and provide appropriate documentation to the IRCC. Failure to do so may result in the denial of the application, and the possibility of becoming inadmissible to Canada. It is highly recommended to seek professional assistance in order to ensure that a proper submission is made to the IRCC.
Why should you seek help from our immigration firm for procedural fairness?
Seeking help from Vizard immigration firm can ensure that your case is handled properly and that your rights to procedural fairness are protected. Our team will have a thorough understanding of the laws and regulations surrounding immigration and can provide guidance and representation throughout the process.
We can also help you navigate the complex procedures and paperwork required for an immigration application, and can advocate on your behalf to ensure that your case is heard and decided fairly. Additionally, we can inform and help the client in understanding the potential risks and challenges that may arise in the immigration process such as deportation, and also help in creating a strategy to mitigate such risks. Contact us to learn how we can help you with your Procedural Fairness Letter.