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Procedural Fairness

Dreamss

Star Member
Oct 23, 2017
68
6
Uganda
Category........
FAM
Visa Office......
Dar es Salaam
App. Filed.......
28-05-2019
Doc's Request.
13-11-2019
AOR Received.
08-09-2017
File Transfer...
Yes
Med's Request
11-10-2019
Med's Done....
20-10-2019
I just received Procedural fairness letter. Back Dec 2019 I submitted PCC copy via Email VO, I didn’t check authenticity since I went to apply myself at Police Station and I didn’t sent the Original I was very naive at that time☺ Based on GCMS notes in March 2020 VO request Verification about PCC to RAU but Covid-19 happened, file has no new entry until Dec, 2020. This time VO sent request verification to Issued Authority after 3 days another entry on GCMS. verification completed. So now VO has concern about authenticity of PCC. Today I went to Foreign Minister to do Authentication but they told “Document expired” it’s over a year since it’s been issued and they can not do much. What is my option? How can I convince the VO this is not my fault? the documents was original with receipt payment. Keep in mind in I’m in Third World country where everything is not online. My theory is when VO request whoever reporting back from the Station did not bother to look for the file without motive/money or the station misplaced the file and can not find file, which is possible I have heard IRCC lost documents before all the time.
Thank you for you input
 

scylla

VIP Member
Jun 8, 2010
95,656
21,987
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I just received Procedural fairness letter. Back Dec 2019 I submitted PCC copy via Email VO, I didn’t check authenticity since I went to apply myself at Police Station and I didn’t sent the Original I was very naive at that time☺ Based on GCMS notes in March 2020 VO request Verification about PCC to RAU but Covid-19 happened, file has no new entry until Dec, 2020. This time VO sent request verification to Issued Authority after 3 days another entry on GCMS. verification completed. So now VO has concern about authenticity of PCC. Today I went to Foreign Minister to do Authentication but they told “Document expired” it’s over a year since it’s been issued and they can not do much. What is my option? How can I convince the VO this is not my fault? the documents was original with receipt payment. Keep in mind in I’m in Third World country where everything is not online. My theory is when VO request whoever reporting back from the Station did not bother to look for the file without motive/money or the station misplaced the file and can not find file, which is possible I have heard IRCC lost documents before all the time.
Thank you for you input
I would honestly get an immigration lawyer to help you at this point. A PFL is a pretty huge deal.

What exactly does the PFL say? If they are questioning authenticity, then you are risking not only a refusal but also a 5 year ban.

I would personally hire a good lawyer asap to help with the PFL response and then also kick off the process to obtain a new PCC.
 
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Dreamss

Star Member
Oct 23, 2017
68
6
Uganda
Category........
FAM
Visa Office......
Dar es Salaam
App. Filed.......
28-05-2019
Doc's Request.
13-11-2019
AOR Received.
08-09-2017
File Transfer...
Yes
Med's Request
11-10-2019
Med's Done....
20-10-2019
I would honestly get an immigration lawyer to help you at this point. A PFL is a pretty huge deal.

What exactly does the PFL say? If they are questioning authenticity, then you are risking not only a refusal but also a 5 year ban.

I would personally hire a good lawyer asap to help with the PFL response and then also kick off the process to obtain a new PCC.
Thank you Scylla
You right it mention Misrepresention with five year ban but How do I can Convince? It was not my fault
 

scylla

VIP Member
Jun 8, 2010
95,656
21,987
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you Scylla
You right it mention Misrepresention with five year ban but How do I can Convince? It was not my fault
You need to hire a good immigration lawyer. This is no longer a do-it-yourself application.
 
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Reactions: Dreamss

NavSran

Full Member
Oct 22, 2020
27
0
Hello, I have a question.

I received a PFL today.
I have applied under tr to pr pathway with my spouse where I was principal applicant and he was dependent.

So, what I have done is, I have mentioned his refusal in his Imm5669 but forgot to mention in my imm5669, since I was the principal applicant, I also have to mention it.
Now, the officer has concern and issued letter to my husband why did not he mention it. However, I have applied his work permit extensions three times and I always mentioned it, and I also mentioned in the same application.

On May 6, we were all so overwhelmed and it just slipped out.

What are the odds of Approval?
Do you guys think, it could be a honest mistake.
 

NavjotS123

Hero Member
Jul 6, 2019
561
156
Category........
FSW
NOC Code......
2173
Hello, I have a question.

I received a PFL today.
I have applied under tr to pr pathway with my spouse where I was principal applicant and he was dependent.

So, what I have done is, I have mentioned his refusal in his Imm5669 but forgot to mention in my imm5669, since I was the principal applicant, I also have to mention it.
Now, the officer has concern and issued letter to my husband why did not he mention it. However, I have applied his work permit extensions three times and I always mentioned it, and I also mentioned in the same application.

On May 6, we were all so overwhelmed and it just slipped out.

What are the odds of Approval?
Do you guys think, it could be a honest mistake.
reply to the officer. I dont think you will have an issue.
 

NavSran

Full Member
Oct 22, 2020
27
0
This is the Letter, the officer issued.

I just want to know, will I be safe from Ban?

“This refers to the application for permanent residence you made under the Temporary Public Policy: Temporary Resident to Permanent Resident Pathway (TR to PR Pathway), in International Graduates.
I am now completing assessment of your TR to PR Pathway application; however, it appears that you may not meet TR to PR Pathway requirements, including that you would not be inadmissible under the Act and Regulations.
I am preoccupied that you may not meet the requirement of paragraph 16(1) of the Immigration and Refugee Protection Act (IRPA):
More precisely, I am preoccupied by the following facts:
1-You responded “No” to both questions 6 d) and 6 e) on form IMM 5669, therefore stating that you or someone included in your application for permanent residency have not “been refused refugee status, an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial Nominee Program) or visitor or temporary visa, to Canada or any other country or territory”, or “been refused admission to, or ordered to leave, Canada or any other country or territory.”
2-While looking into your IRCC file, it was noted that on or around 2018/05/10, you were refused a Canadian study permit. You did not mention this in your application. Please submit a letter explaining the situation and/or documentation regarding this omission.
3-While looking into your IRCC file, it was noted that on or around 2020/01/24, you were refused a Canadian work permit. You did not mention this in your application. Please submit a letter explaining the situation and/or documentation regarding this omission.
If you are determined to have misrepresented yourself in order to make a permanent residency application in the Temporary Resident to Permanent Resident Pathway, you may be found inadmissible following paragraph 40(1)a) of the IRPA. If you are found to be inadmissible, this inadmissibility will last five years, following paragraph 40(2)a):
40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation
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.

(a) fordirectlyorindirectlymisrepresentingorwithholdingmaterialfactsrelatingtoarelevant matter that induces or could induce an error in the administration of this Act;
40 (2) The following provisions govern subsection (1):
Before I make a final decision, you may submit additional information relating to this issue. You have 30 days from this letter date to provide any additional information via your MyCIC account.
I look forward to receiving your response. If you choose not to respond with additional information I will make my decision based on the information before me, which may result in refusal of your application.”
 

NavSran

Full Member
Oct 22, 2020
27
0
I have hired one already, but still freaking out alot, haven’t slept for last 4 days already.

Can this be very serious issue?
Can I get through This?
do you think so?
 

NavjotS123

Hero Member
Jul 6, 2019
561
156
Category........
FSW
NOC Code......
2173
I
I have hired one already, but still freaking out alot, haven’t slept for last 4 days already.

Can this be very serious issue?
Can I get through This?
do you think so?
I dont think so because you did mention it somewhere. Make sure you provide sufficient evidence, explain what actually happened. You will be fine, I am 110% confident.
 

NavjotS123

Hero Member
Jul 6, 2019
561
156
Category........
FSW
NOC Code......
2173
I
I dont think so because you did mention it somewhere. Make sure you provide sufficient evidence, explain what actually happened. You will be fine, I am 110% confident.
But having a lawyer can help you with the LOE.. Don't worry you are fine, but still work with your lawyer and file a response.
 

NavSran

Full Member
Oct 22, 2020
27
0
But having a lawyer can help you with the LOE.. Don't worry you are fine, but still work with your lawyer and file a response.
But Ive heard that there are very slim chances of getting over with “refusal thing” when it comes to misrepresentation.
 

NavjotS123

Hero Member
Jul 6, 2019
561
156
Category........
FSW
NOC Code......
2173
But Ive heard that there are very slim chances of getting over with “refusal thing” when it comes to misrepresentation.
No, those cases are different, when people actually try to misrepresent. This one is an honest mistake, that's all. Because you did mention it somewhere.