Got Procedural Fairness Letter! HELP PLEASE!!

[next444]

Hi next4444,

I also got PFL from Edmonton VO although my reason was completely different from yours but if my story gives you any hope I'll consider myself helpful.

Mine was regarding disclaimer stated in my employment letter by HR.

So to alleviate IRCC officer's concern,
I provided them new employment letter without those lines.

Also provided LOE that what was the reason those lines were there and why employer agreed to remove those lines.

I also provided personal reference letters from my two managers during my employment with the company.

Outcome was positive and I got passport request 6 days after the submission of PFL documents.

So be positive and make sure to be honest to the last detail you provide to them.

Thank you so much for letting me know. I'm genuinely happy for your outcome. Wish me luck!

 

[babsizkil]

Some Immigration staffs can be hard nut to crack. In my opinion, he raises a serious concerns. Under immigration policy, there is no point separating your partner as non-accompany especially when he is not a Citizen or PR. I will suggest that you come up with genuine facts to support your decision. For example, if his travelling document is expiring or submitted an immigration application waiting for decision. Be smart in your submission. The officer is unable to make a decision, due to lack of information or documentation, or there are serious doubts as to the legitimacy of the documents you submitted.For example, you as the principal applicant and partner, whether accompanying or not, need to complete medical examinations, and pass criminal and security checks.

 

[next444]

Some Immigration staffs can be hard nut to crack. In my opinion, he raises a serious concerns. Under immigration policy, there is no point separating your partner as non-accompany especially when he is not a Citizen or PR. I will suggest that you come up with genuine facts to support your decision. For example, if his travelling document is expiring or submitted an immigration application waiting for decision. Be smart in your submission. The officer is unable to make a decision, due to lack of information or documentation, or there are serious doubts as to the legitimacy of the documents you submitted.For example, you as the principal applicant and partner, whether accompanying or not, need to complete medical examinations, and pass criminal and security checks.

Thank you for the reply. Unfortunately that his passport is still valid till 2023... He's done medical and criminality as its essential in my app.

 

[babsizkil]

Can you advise me please?

I'm planing to say what I stated when I first created EE file: not enough points. Also he holds a valid study permit and has good status in school so he should be eligible to apply for PGWP next year. If not, he'll leave Canada immediately. But its very likely he'll get PGWP so we'll still be able to live together while remaining legal status in Canada.

What do you guys think?

If your relationship is genuine? Why would your partner wait to get PGWP and subsequent PR application that can take months or 2 years when you as spouse can give him one? It raise serious doubt. You need to be careful when replying your submission not to implicate him.

 

[next444]

If your relationship is genuine? Why would your partner wait to get PGWP and subsequent PR application that can take months or 2 years when you as spouse can give him one? It raise serious doubt. You need to be careful when replying your submission not to implicate him.

You have a very good point. What is your advice? I genuinely can not think of any other good reason other than the real reason which is not enough points.

 

[babsizkil]

You have a very good point. What is your advice? I genuinely can not think of any other good reason other than the real reason which is not enough points.

I don't know /need to confirm if you may request that your partner originally declared as non-accompanying be included as accompanying or not. Did you submitted any of the following; copies of joint bank account statements, copies of leases, utility bills. Another option, I guess as a last resort is if your relationship, as at the time of filling the form was not going well. For example, if your partner is not corporating or threatening to end the relationship soon. Though you are suppose to inform Immigration during the processing. Above all, you must substantiate your reasons/facts with convincing documentary evidences.

 

[k.h.p.]

You can't change accompanying or non accompanying as a response to a PFL.

 

[next444]

You can't change accompanying or non accompanying as a response to a PFL.

I'm not going to, either. I prefer not to lie.. I've finished the letter, can you please take a look for me?

To:

Immigration, Refugees and Citizenship Canada


Sub: Letter of Explanation


Dear Visa Officer,


I, AAA am writing this letter in relation to my application (No.E111111) for permanent residency. To help alleviate your concerns, I would like to explain about why my common-law partner BBB is non accompanying in the application while we remain living together in Canada.


At the time of applying under Express Entry, as I answered truthfully in my profile when it first asked the reason of applying with non-accompanying spouse:

I would not have been invited to apply for permanent residency if I declared BBB as an accompanying spouse due to CRS points deduction.


BBB’s legal status in Canada:

Both BBB and I came to Canada in 2013 as international students, we first met in XX, ON in 2016 and started our cohabitation relationship on Jan 1, 2017. BBB is a fifth year student in XXX program at University of XXX, he currently holds a valid study permit that expires on July 31, 2020. BBB has been remaining a good standing in academic performance and is promisingly to graduate in April 2020. He is planning to apply for post-graduate work permit after graduation so he can start working legally right away while we can remain living together in Canada. Alternatively and hopefully, if I have the pleasure to become a Canadian permanent resident at the time, I would like to become the sponsor for BBB so we can stay and continue our life in Canada.


Attached blow are the additional documents I would like to provide about BBB:

Current study permit and co-op work permit

Proof of Enrolment

Undergraduate Transcript from Fall 2015

Family photo with the applicant


I genuinely ask you to consider my application for permanent residency.


Merry Christmas,

XXX

 

[PrasadK]

I would not have been invited to apply for permanent residency if I declared BBB as an accompanying spouse due to CRS points deduction.

Unfortunately, this could get you in trouble, potentially misrepresentation and a subsequent ban from Canada. Please seek the professional help of a lawyer immediately.

 

[k.h.p.]

Unfortunately, this will get you in trouble, potentially misrepresentation and a subsequent ban from Canada. Please seek the professional help of a lawyer immediately.

IRCC seems to be okay with it if you are up front about it and actually explain it - it's not necessarily misrepresentation.

 

[PrasadK]

IRCC seems to be okay with it if you are up front about it and actually explain it - it's not necessarily misrepresentation.

Interesting.. I didn't know that. Thanks!

 

[Fantastica]

Unfortunately, this could get you in trouble, potentially misrepresentation and a subsequent ban from Canada. Please seek the professional help of a lawyer immediately.

This is not misrepresentation. All she needs to do is explain in details how adding him now affects her crs scores at the moment and she would not be able to get an ITA with increasing crs scores unless she applies alone and sponsor him at a later date.

If I were the OP, I'll state that he was only able to get xx/20 points in Ielts and x/10 points for Education so including him dropped her crs scores.

That the better option is for her to get her PR status first while he remains in Canada with his TRV status and she intends to sponsor his PR application when she becomes a PR

 

[Fantastica]

I'm not going to, either. I prefer not to lie.. I've finished the letter, can you please take a look for me?

To:

Immigration, Refugees and Citizenship Canada


Sub: Letter of Explanation


Dear Visa Officer,


I, AAA am writing this letter in relation to my application (No.E111111) for permanent residency. To help alleviate your concerns, I would like to explain about why my common-law partner BBB is non accompanying in the application while we remain living together in Canada.


At the time of applying under Express Entry, as I answered truthfully in my profile when it first asked the reason of applying with non-accompanying spouse:

I would not have been invited to apply for permanent residency if I declared BBB as an accompanying spouse due to CRS points deduction.


BBB’s legal status in Canada:

Both BBB and I came to Canada in 2013 as international students, we first met in XX, ON in 2016 and started our cohabitation relationship on Jan 1, 2017. BBB is a fifth year student in XXX program at University of XXX, he currently holds a valid study permit that expires on July 31, 2020. BBB has been remaining a good standing in academic performance and is promisingly to graduate in April 2020. He is planning to apply for post-graduate work permit after graduation so he can start working legally right away while we can remain living together in Canada. Alternatively and hopefully, if I have the pleasure to become a Canadian permanent resident at the time, I would like to become the sponsor for BBB so we can stay and continue our life in Canada.


Attached blow are the additional documents I would like to provide about BBB:

Current study permit and co-op work permit

Proof of Enrolment

Undergraduate Transcript from Fall 2015

Family photo with the applicant


I genuinely ask you to consider my application for permanent residency.


Merry Christmas,

XXX

Nice write up but you may want to explain in details how his scores affects your crs... Like he took Ielts and only secured xx/20 points and **he has not completed his studies so he contributes 0/10 points for Education(This is if he has no post secondary credential**.
If he has a post secondary education, explain how much points you get from his Education like x/10 points.
Stating that by adding him to your PR application, you will only get xxxx points which is below the minimum scores for the round you got invited. On the other hand, applying for PR status alone, your score is xxx which qualifies you for an ITA for the Draw.

Since I would not qualify for an ITA due to low scores if I add him to my application, We both agreed that I proceed alone and get my PR status while he remains on his valid TRV as I intend to sponsor his PR application later.

 

[PrasadK]

This is not misrepresentation. All she needs to do is explain in details how adding him now affects her crs scores at the moment and she would not be able to get an ITA with increasing crs scores unless she applies alone and sponsor him at a later date.

If I were the OP, I'll state that he was only able to get xx/20 points in Ielts and x/10 points for Education so including him dropped her crs scores.

That the better option is for her to get her PR status first while he remains in Canada with his TRV status and she intends to sponsor his PR application when she becomes a PR

Good to know I only erred on the side of caution

 

[next444]

Nice write up but you may want to explain in details how his scores affects your crs... Like he took Ielts and only secured xx/20 points and **he has not completed his studies so he contributes 0/10 points for Education(This is if he has no post secondary credential**.
If he has a post secondary education, explain how much points you get from his Education like x/10 points.
Stating that by adding him to your PR application, you will only get xxxx points which is below the minimum scores for the round you got invited. On the other hand, applying for PR status alone, your score is xxx which qualifies you for an ITA for the Draw.

Since I would not qualify for an ITA due to low scores if I add him to my application, We both agreed that I proceed alone and get my PR status while he remains on his valid TRV as I intend to sponsor his PR application later.

thank you so much for your tips! I’ll redraft and hopefully get a good outcome!