I got PFL

[Rick.111]

I got PFL under section 16(1) that states
My spouse has been arrested on more than one occasion which is untrue. what could be the reason? Can my spouses data be mismatched with someone? Moreover before this they have also asked for USA pcc which wasn’t required because we haven’t been to USA or haven’t applied for USA visa ever. Still we have provided them the same because we haven’t received their reply when we sent them the letter of explanation through webform.. what should be the ideal response in this case from our side?

 

[iSaidGoodDay]

I got PFL under section 16(1) that states
My spouse has been arrested on more than one occasion which is untrue. what could be the reason? Can my spouses data be mismatched with someone? Moreover before this they have also asked for USA pcc which wasn’t required because we haven’t been to USA or haven’t applied for USA visa ever. Still we have provided them the same because we haven’t received their reply when we sent them the letter of explanation through webform.. what should be the ideal response in this case from our side?

Paste the PFL you got here (after removing sensitive info) to get better help. PFL is usually not a DIY situation and would be advisable to have a lawyer on your side.

 

[Rick.111]

Paste the PFL you got here (after removing sensitive info) to get better help. PFL is usually not a DIY situation and would be advisable to have a lawyer on your side.

have reviewed your application, including documents and information you have submitted. Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
I have information that indicates your spouse has been previously arrested on more than one occasion. However, you have indicated 'NO' in the statutory question that asks " Been detained, incarcerated or put in jail?”
I have concerns that you have withheld relevant and material information, which impacts my ability to assess your admissibility to Canada, particularly my assessment of your criminal history.

He Has not been arrested ever in his life. Could it be a mismatch of name issue as I said earlier they asked for USA PCC too but we haven’t been there ever.

 

[Naturgrl]

have reviewed your application, including documents and information you have submitted. Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
I have concerns that you have not fulfilled the requirement put upon you by section 16(1) of the Immigration and Refugee Protection Act, which states:
16(1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.
I have information that indicates your spouse has been previously arrested on more than one occasion. However, you have indicated 'NO' in the statutory question that asks " Been detained, incarcerated or put in jail?”
I have concerns that you have withheld relevant and material information, which impacts my ability to assess your admissibility to Canada, particularly my assessment of your criminal history.

He Has not been arrested ever in his life. Could it be a mismatch of name issue as I said earlier they asked for USA PCC too but we haven’t been there ever.

Who is the letter for? If for your spouse only ask him very truthfully whether he has every been to the US and been arrested. We have people on the forum get the same PFL, and then find out that spouse was in the US as a child (and they forgot or didn’t know). Also ask about being arrested even as a youth.

If he is certain then retain a Canadian immigration lawyer. This should not be handled by you.

 

[Rick.111]

Who is the letter for? If for your spouse only ask him very truthfully whether he has every been to the US and been arrested. We have people on the forum get the same PFL, and then find out that spouse was in the US as a child (and they forgot or didn’t know). Also ask about being arrested even as a youth.

If he is certain then retain a Canadian immigration lawyer. This should not be handled by you.

yes he’s certain about that he has never had such an experience of getting arrested or detained. Also, he has never been to USA or have never applied for the same. According to some of the lawyers this could be the case name mismatch. Because they said in canada they Match the identity as per first and last name and Date of birth.

 

[Naturgrl]

yes he’s certain about that he has never had such an experience of getting arrested or detained. Also, he has never been to USA or have never applied for the same. According to some of the lawyers this could be the case name mismatch. Because they said in canada they Match the identity as per first and last name and Date of birth.

So get a lawyer to respond to PFL because this is complex. This will costs you money.

Since you are posting under Express Entry, assume it is for your PR application.

 

[Rick.111]

So get a lawyer to respond to PFL because this is complex. This will costs you money.

Since you are posting under Express Entry, assume it is for your PR application.

As far as hé Remember there’s only one incident .he went to uk on student visa from there he went to Greece for 8 days for vacation when he came back to uk. The immigration officer stopped him took his passport and questioned him about his work,College and studies.It was 3 am so they couldn’t verify the details with the college so they asked him that they will verify the details provided with the college and ask him to come after three days.They kept my passport for those three days and made him go.After three days when he went to collect his passport they took his fingerprints and photo and handed him his passport and said he’s free to go as they have verified the same from the college.he was never arrested or detained.

 

[Naturgrl]

As far as hé Remember there’s only one incident .he went to uk on student visa from there he went to Greece for 8 days for vacation when he came back to uk. The immigration officer stopped him took his passport and questioned him about his work,College and studies.It was 3 am so they couldn’t verify the details with the college so they asked him that they will verify the details provided with the college and ask him to come after three days.They kept my passport for those three days and made him go.After three days when he went to collect his passport they took his fingerprints and photo and handed him his passport and said he’s free to go as they have verified the same from the college.he was never arrested or detained.

Hmmm….so is this for Express Entry. If so he would have a PCC from the UK. Is he a UK citizen? What did PCC state? UK and Canada share immigration information so if he was fingerprinted in the UK then it may have come up in their sharing of immigration date.

Again, you really need a lawyer. This is beyond the scope of the forum.

 

[Rick.111]

Hmmm….so is this for Express Entry. If so he would have a PCC from the UK. Is he a UK citizen? What did PCC state? UK and Canada share immigration information so if he was fingerprinted in the UK then it may have come up in their sharing of immigration date.

Again, you really need a lawyer. This is beyond the scope of the forum.

No he was there on study visa and on UK PCC it was written no trace found that means no criminal history moreover on USA pcc it was also mentioned no record found…

 

[Naturgrl]

No he was there on study visa and on UK PCC it was written no trace found that means no criminal history moreover on USA pcc it was also mentioned no record found…

Ok. You need to respond to PFL with those PCCs. You should get a lawyer but your choice. FYI, there are no timelines for decision on PFL. Can take many months or depending on complexity, years.

 

[Rick.111]

Ok. You need to respond to PFL with those PCCs. You should get a lawyer but your choice. FYI, there are no timelines for decision on PFL. Can take many months or depending on complexity, years.

But do you think it could be the case of name mismatch.

 

[Naturgrl]

But do you think it could be the case of name mismatch.

I am not a lawyer so cannot say.

 

[Rick.111]

I am not a lawyer so cannot say.

Thank you Soo much for your valuable opinion

 

[Rick.111]

I got PFL under section 16(1) that states
My spouse has been arrested on more than one occasion which is untrue. what could be the reason? Can my spouses data be mismatched with someone? Moreover before this they have also asked for USA pcc which wasn’t required because we haven’t been to USA or haven’t applied for USA visa ever. Still we have provided them the same because we haven’t received their reply when we sent them the letter of explanation through webform.. what should be the ideal response in this case from our side?

@legalfalcon

 

[Raptor33]

@legalfalcon

There are a few possible reasons why IRCC might have issued a PFL under section 16(1) stating that your spouse has been arrested on more than one occasion. One possibility is that there is a mistake in the data that IRCC has about your spouse. Another possibility is that your spouse has been arrested in the past, but the arrests were not reported to IRCC.

If you are sure that your spouse has not been arrested, you can write a letter to IRCC explaining the situation. In your letter, you should provide any evidence that you have that supports your claim, such as a police clearance certificate or a letter from your spouse's employer. You should also explain why you believe that the data that IRCC has about your spouse is incorrect.

If you are still unable to resolve the issue, you may need to seek legal assistance.

As for the USA PCC, it is possible that IRCC requested it because they are also considering your spouse's application for a US visa. If you have not been to the USA or applied for a US visa in the past, you may not need to provide a PCC. However, it is always best to err on the side of caution and provide the PCC if IRCC requests it.

Here are some tips for writing a letter to IRCC:

• Be clear and concise.
• State the facts of the case.
• Provide any evidence that you have that supports your claim.
• Explain why you believe that the data that IRCC has about your spouse is incorrect.
• Be polite and respectful.

If you are still unable to resolve the issue, you may need to seek legal assistance.