Procedural Fairness

[scylla]

how do u rate the chances of approval after replying to the officer?

It really depends on the strength of your response and evidence.

 

[aravindguruswamy]

Hi Diana,

Hope you are doing well. On July 6, I have responded to my wife's PFL for misrepresentation that was received on July 3. According to my GCMS notes, the officer received the response on July 13 and it was added to the file. But I still have not received any updates. The stipulated time given for me to respond to the PFL Was 60 days.

So, I read something on the IRCC website under Procedural Fairness.

Apparently, IRCC cannot make a decision on the application before the stipulated time given for response has passed.

For example, if PFL says you have 30 days to respond, they cannot make a decision on the file even if you sent the response in the first 10 days, since they are giving you the full 30 days to send in any documents you want.

In my case, the 60 days ends on September 2, and I also saw a due date of Sept 2 on my GCMS under the update where the response was received.
Am I correct in assuming that my visa officer will look at my response after September 2 and make a decision?

Any latest update buddy?
Similar situation, frustrating to see others already getting visa n being in Canada.. i am waiting the PFL response for my wife.

 

[esam99]

it Says That I Have Been Found Lying In The Application Form.
It Is For Not declaring previous refusals.
I Recieved PFL After Passport Request On April And I Have aready Response It On That Time On April.
NoW I Received my Passport Without Stamp And Also Without A Refusal Letter. What Is Happening With IRCC? do Somethimes Happen Like Thise? And What Does it Means am i banned?

is ur issue resolved?

 

[Brarrani]

is ur issue resolved?

Did u get visa.....plz reply

 

[sarvesh90]

Any latest update buddy?
Similar situation, frustrating to see others already getting visa n being in Canada.. i am waiting the PFL response for my wife.

Hi Aravind,

After the PFL in July 2021, I re applied for my wife's TRV in September 2021 and got approved, but the PFL for the spousal sponsorship was still pending at that time.

My wife came to Canada in October 2021 on TRV and within a week, her PR got approved. She has now been a PR of Canada for the past 11 months . Good luck to you.

 

[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..

 

[aravindguruswamy]

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..

looks like mistaken identity! but very strange... tried contacting them and clarifying this?

 

[Rick.111]

looks like mistaken identity! but very strange... tried contacting them and clarifying this?

I’ve 30 days to response now my lawyer is preparing a draft

 

[Fishanzi]

I’ve 30 days to response now my lawyer is preparing a draft

Hello, any updates yet please? Did they reply you because I have a similar issue. Thank you

 

[Naturgrl]

Hello, any updates yet please? Did they reply you because I have a similar issue. Thank you

What was reason for PFL.

 

[Fishanzi]

What was reason for PFL.

The reason was, that my husband (sponsor) should provide the document required which is the "Divorce Certificate"

But my husband has never been married before and we as well stated it in the document checklist IMM5533 and IMM 5532.
The marriage he is in right now with me is the first marriage. I don't know if they were mistaken.

 

[Naturgrl]

The reason was, that my husband (sponsor) should provide the document required which is the "Divorce Certificate"

But my husband has never been married before and we as well stated it in the document checklist IMM5533 and IMM 5532.
The marriage he is in right now with me is the first marriage. I don't know if they were mistaken.

So respond that husband has never been married and that the application doesn’t tick off being divorced. Have you seen/read the documents submitted that states he has never been married?

 

[Fishanzi]

The reason was, that my husband (sponsor) should provide the document required which is the "Divorce Certificate"

But my husband has never been married before and we as well stated it in the document checklist IMM5533 and IMM 5532.
The marriage he is in right now with me is the first marriage. I don't know if they were mistaken.

This is how my PFL looked like:
Dear XXXXXXXXXX
We now completing the assessment of your application for a permanent resident visa. It appears that
you may not meet the requirements of the Immigration and Refugee Protection Act.
Subsection 16(1) of the Immigration and Refugee Protection Act states that 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. You are
required to provide below documents:
- The Divorce Certificate from the Sponser
In order to make a final determination on your file, we will provide you an additional 30 days from the
date of this letter to submit your documents, or provide information as to why you are not able to submit
them as requested.
Please note this will be the only opportunity we will provide for you to submit any reasons for not
submitting your documents. Your application will be assessed in 30 days and the final decision will be
based on the evidence on file at that time, which may result in the refusal of your application.
All documents must be in either English or French. Documents in a language other than English or
French must be accompanied by a certified translation.
We do not acknowledge the receipt of correspondence.
You may only submit your response and supporting documents in a PDF format via your IRCC

 

[Naturgrl]

This is how my PFL looked like:
Dear XXXXXXXXXX
We now completing the assessment of your application for a permanent resident visa. It appears that
you may not meet the requirements of the Immigration and Refugee Protection Act.
Subsection 16(1) of the Immigration and Refugee Protection Act states that 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. You are
required to provide below documents:
- The Divorce Certificate from the Sponser
In order to make a final determination on your file, we will provide you an additional 30 days from the
date of this letter to submit your documents, or provide information as to why you are not able to submit
them as requested.
Please note this will be the only opportunity we will provide for you to submit any reasons for not
submitting your documents. Your application will be assessed in 30 days and the final decision will be
based on the evidence on file at that time, which may result in the refusal of your application.
All documents must be in either English or French. Documents in a language other than English or
French must be accompanied by a certified translation.
We do not acknowledge the receipt of correspondence.
You may only submit your response and supporting documents in a PDF format via your IRCC

Is your spouse being truthful to you and has never married? Did you fill out and submit the documents or did your spouse?

If he is being truthful and never been married before, respond that:

- the PR forms submitted state he has never been married. Take picture to include that original document submitted stating that he has never married.
- if he did tick off that he was divorced then he must explain why

 

[Fishanzi]

So respond that husband has never been married and that the application doesn’t tick off being divorced. Have you seen/read the documents submitted that states he has never been married?

Thank you dear. I did hire an Immigration lawyer and he made me a draft saying my husband has never been married before that the marriage between me and my husband is the first marriage.

And my husband as well got a lawyer that (Canada) and he as well wrote an affidavit swearing he is never married before that he only married ONCE and that is to me. My husband also stated that even though he has a son, the mother of his son was just a girlfriend and never cohabitated as such, there's no Divorce Certificate to be submitted. And he took the letter at the Notary public.