Procedural Fairness Letter- JO is not Genuine

[Babe1602]

Please help me! please!. It was as if heaven and earth fell on me. I received PFL:

I have completed the assessment of your permanent resident application and have determined that you do not meet one or more of the requirements for immigration to Canada, specifically that you have not provided an offer of employment that is genuine.

A request letter was sent to your employer for additional information. They did not respond with all of the requested information, therefore I cannot be satisfied that the job offer is genuine.

You have the opportunity to make any submissions related to this matter. Should you wish to make submissions, you must do so in writing to this office within 30 days from the date of this letter. If you do not make a submission, a decision regarding your ability to comply with these requirements will be taken on the basis of the information on your file. This may result in your application being refused and no further consideration given to the request for permanent residence unless a new application, including fees, is submitted.


Below are the questions received from my employer before the PFL received:

[X] Explanation of why a caregiver is mandatory at this time and at your children’s age. This explanation should address the following points:
If you have not hired a caregiver in the past.
Provide a clear description of the exceptional circumstances behind the need for a caregiver when you did not require one in the past.
How frequently will you require a caregiver and what other options, other than hiring a caregiver, were explored to make this application?

If you have hired a caregiver in the past.
What was the length of time that you previously employed a caregiver and what is the reason that the caregiver is no longer working for you?

[X] Explanation of how care needs are currently being met, what are you currently doing for childcare?

[X] Long form birth certificate(s) of children requiring care to confirm their age and parents’ names, or a recently dated doctor’s note confirming pregnancy and due date.

[X] Please provide a written explanation of the activities and duties the caregiver will be required to perform, along with a daily schedule of the caregiver’s hours and duties expected to work for the child requiring care.

 

[Naturgrl]

Please help me! please!. It was as if heaven and earth fell on me. I received PFL:

I have completed the assessment of your permanent resident application and have determined that you do not meet one or more of the requirements for immigration to Canada, specifically that you have not provided an offer of employment that is genuine.

A request letter was sent to your employer for additional information. They did not respond with all of the requested information, therefore I cannot be satisfied that the job offer is genuine.

You have the opportunity to make any submissions related to this matter. Should you wish to make submissions, you must do so in writing to this office within 30 days from the date of this letter. If you do not make a submission, a decision regarding your ability to comply with these requirements will be taken on the basis of the information on your file. This may result in your application being refused and no further consideration given to the request for permanent residence unless a new application, including fees, is submitted.


Below are the questions received from my employer before the PFL received:

[X] Explanation of why a caregiver is mandatory at this time and at your children’s age. This explanation should address the following points:
If you have not hired a caregiver in the past.
Provide a clear description of the exceptional circumstances behind the need for a caregiver when you did not require one in the past.
How frequently will you require a caregiver and what other options, other than hiring a caregiver, were explored to make this application?

If you have hired a caregiver in the past.
What was the length of time that you previously employed a caregiver and what is the reason that the caregiver is no longer working for you?

[X] Explanation of how care needs are currently being met, what are you currently doing for childcare?

[X] Long form birth certificate(s) of children requiring care to confirm their age and parents’ names, or a recently dated doctor’s note confirming pregnancy and due date.

[X] Please provide a written explanation of the activities and duties the caregiver will be required to perform, along with a daily schedule of the caregiver’s hours and duties expected to work for the child requiring care.

So your employer didn’t respond to first request adequately and provide necessary documentation. Your employer must now respond with genuine offer and answering all the questions with all required information/documentation. How old are children? What care do the children have now? Why do they need full time care so employer needs to include a daily schedule with children’s activities and your hours? Are children in school? If so, why if full time caregiver required? That is why they want a daily schedule of your hours.

 

[Babe1602]

The child turning 18y/o this month, and he has mild ADHD. The employer explained why they needed CG.

 

[Naturgrl]

The child turning 18y/o this month, and he has mild ADHD. My employer explained why she needed CG.

An 18 year old is no longer a minor so you would not be applying under the HCCP program. Mild ADHD doesn’t require full time care over 18 unless the child cannot go to school, live independently (cannot eat or dress himself) etc. So it is the child who needs to outline his care involved with his consent, not parents. Would the child not be entering post secondary?

 

[Babe1602]

An 18 year old is no longer a minor so you would not be applying under the HCCP program. Mild ADHD doesn’t require full time care over 18 unless the child cannot go to school, live independently (cannot eat or dress himself) etc. So it is the child who needs to outline his care involved with his consent, not parents. Would the child not be entering post secondary?

He graduated from secondary & planning to College next year. I lounge my application when he was 15 y/o.

 

[Naturgrl]

He graduated from secondary & planning to College next year. I lounge my application when he was 15 y/o.

So if going to college then he doesn’t need a full time caregiver. He is independant. He is over 18 and has aged out of HCCP program so you are not eligible for it. Even at 15, he had no need for full time caregiver.

So talk to your employer about whether to even respond. If so, it is the child who will need to respond because no longer a minor and then really he is looking for a personal support worker through that program. You most likely need to resubmit a new application under HSWP program, not HCCP. He has to agree to a support worker to live and work with him. Help him go to school and outline how he cannot live independently without full time care Etc. Wage will have to change and he will have to show that he can afford a support worker. Honestly not sure if it is worth replying to PFL as he has aged out.

 

[Babe1602]

ohmygosh new application .How about asking the MP for help for this case?, will it help

 

[Naturgrl]

ohmygosh new application .How about asking the MP for help for this case?, will it help

What can MP do? Your employer can ask the MP but the child has aged out of the program. A MP cannot change rules and can enquire about status but cannot intervene in decision. How can the employer respond to PFL and state why an 18 year old, who is no longer eligible under HCCP, needs full time care if child can attend college? Don’t think they can as teen is no longer a minor and he need to consent to care or agree to care. I don’t think this kid needs full time care. So talk to your employer about next steps. Honestly why do you need to care for a person who is no longer a child? Is this a family member? Employer needs to respond to PFL and answer all the questions required.

If for home care worker then that is a different program. Teen then gives you the job offer as he would be hiring you. He will show that he cannot hire a full time caregiver. What does the teen say as you need his consent? How is it a full-time job if he is at school? Does the teen have a job and driver’s license too?

 

[Babe1602]

My employer is my nephew, the one who needs a CG is his daughter. I'm the one who receive this PFL & preparing what details I will put in the letter.

 

[Naturgrl]

My employer is my nephew, the one who needs a CG is his daughter. I'm the one who receive this PFL & preparing what details I will put in the letter.

Daughter has aged out of program so you are no longer eligible. But it is the employer who must answer the questions. So your nephew needs to provide new job offer letter with proof documentation of the full time care that his daughter requires. He must also describe the full time care that she has had over the years, and who gave this care. If you applied when she was 15 then he would have proof of full time care for his daughter over the years. What care is urgent that that she needs (dressing,, feeding, cannot get herself to school on her own, needs before and after school care? She needs to provide a daily schedule of her activities and then you explain why full time is needed. So if she is in school then how is full time care required. Because she is no longer a minor, she needs to provide consent. So she needs to provide you with a letter stating that she is unable to care for herself.

 

[Babe1602]

So you mean possible to ammend only the JO with justification or new JO?

 

[Naturgrl]

So you mean possible to ammend only the JO with justification or new JO?

So employer didn’t respond well enough to the first request, and must now respond to PFL with the additional information requests to prove that offer is genuine. You have to provide birth certificate of the teen girl (which will show that she is no longer a minor), and answer all the questions.

 

[scylla]

So you mean possible to ammend only the JO with justification or new JO?

Your nephew does not need to provide a new JO. Your nephew needs to write a detailed explanation to address all of the questions and concerns IRCC has raised in the PFL. You should be prepared for the high possibility that the application is going to be refused. That is the most likely outcome.

 

[Babe1602]

My employer was done complied to the letter

So employer didn’t respond well enough to the first request, and must now respond to PFL with the additional information requests to prove that offer is genuine. You have to provide birth certificate of the teen girl (which will show that she is no longer a minor), and answer all the questions.

He attached the Birth Cert along with the answered to the letters. I'm thinking what else the officer needed to proof.

 

[Babe1602]

Your nephew does not need to provide a new JO. Your nephew needs to write a detailed explanation to address all of the questions and concerns IRCC has raised in the PFL. You should be prepared for the high possibility that the application is going to be refused. That is the most likely outcome.

He sent it already & the officer not satisfied. Ok I will prepare the letter with strong possibility but it seems doesn't matter