Received response requiring further evidence/intent to move back to Canada

[Andalusites]

Hello Everyone,

I (Canadian) am in the process of sponsoring my wife via Family Class we are both outside Canada.

• Application received February 4, 2021
• Medical completed Aug 31st 2021

I have not heard from IRCC since the medical. I have lived/worked in Canada until 2019 when I moved back to the UAE for a job. That is where I met my wife and we got married.

Today I received a letter "Procedural Fairness" that states that "based on the information provided with your application, I am not satisfied that your sponsor will establish residence in Canada if you were to be granted permanent resident status." I have submitted evidence that of jobs in Canada that I have applied to and some with responses (rejection) and that I have looked for a place to rent and understand the costs of living in Canada. In the letter they state that I have not submitted evidence which is strange.

I have maintained my credit cards and bank accounts in Canada, I still have my Canadian phone number. I have visited once after moving and was planning on another visit when the pandemic happened and that was cancelled.

I have since quit my current job here and have accepted a job with an international company that allows me to work remotely also they have an office in Calgary which I can request to move to in due time.

I am planning on providing more of a plan on how we will transition to Canada:

• I can provide evidence of my current phone plan with FIDO and that I have kept my number.
• I can show that I have since applied to other jobs in Canada after submitting the application.
• I have the ability to temp. move in with my brother who owns his own home in Canada. I can provide evidence that while we find an apartment we will stay there
• My wife has since completed her Masters and we can provide evidence that she will be looking for work or continue onto a PHD.
• I can also include that I have purchased a car when I last visited, unfortunately it is not in my name as I did not want to insure a car there and not be the one driving it.

I need assistance on how to go about providing them enough evidence to make the case stronger that I will indeed return to Canada.

Thanks

 

[armoured]

Today I received a letter "Procedural Fairness" that states that "based on the information provided with your application, I am not satisfied that your sponsor will establish residence in Canada if you were to be granted permanent resident status."

Odd that you didn't receive just a request for update as many have but that they immediately sent you a PFL (which is more serious in that it indicates that they are potentially ready to issue you a refusal).

One thing I'd note: this is at a stage where you should consider that if they do approve you (after you respond), the passport request and ability to travel might come quickly - weeks or within a month possible.

You do not mention what your concrete plans are for returning, time-wise. That is relevant in that - if you are in a position to do so - what would give you a very high degree of certainty is to literally get on a plane, arrive and update your address (with other stuff that you have above). I believe if you did so that they could not refuse you (or at least it would be a very odd decision, as they'd have to somehow justify that you hadn't really returned to Canada).

Other that doing so, most of what you put above would be useful and good and serious. Some ideas on things that you haven't explicitly addressed that you could add:

-Any kind of letter from your employer that there is some agreement or understanding (formal or not, formal better) that they will let you work from Calgary. (If it has dates etc even better)
-Concrete travel plans/reservations. (Yes, I know it's weird to book travel plans before you know if you're approved. Do your best. If you book for you without your spouse to start, that's fine).
-Moving plans: quotes or correspondence with moving companies for your stuff. If you don't have stuff to ship, explain that briefly (i.e. everything coming in luggage when you fly).
-Your plans for what your spouse will do are vague. Any things she has looked into specifically or applied to will help.
-Somewhat more concrete evidence of search for a place to live and/or even bookings or lease agreements. (You can sign a lease of sorts with your brother). Again, keep in mind this could come soon. If you identify eg somewhat short-term booking for a temporary flat for example, that's a start.
-Funds in Canada and/or transfers, eg some evidence you've made financial arrangments.
-May seem weird but boring 'social' admin stuff like identifying doctors, dentists, even a religious establishment don't hurt. If you have a cat or dog, what you're doing with that.

Oh - do NOT be shy about repeating stuff you've provided before and/or explicitly telling them what you provided before in a list or whatever and that it should be in file. You should NOT assume that whoever issued this letter actually reviewed in detail what you provided before (they probably did but best for you not to assume it).

Good luck.

 

[MJSPARV]

I agree with everything armoured said and would also add emphasize what you've done since submitting your application, especially that you quit your job in the UAE to take one that lets you work in Canada. Similarly anything your wife has been doing (language classes, investigating graduate programs etc) since the application was submitted would be helpful.

Another idea for showing intent to move is to reach out to the newcomers organization(s) in your intended destination and make inquiries about what programs they have for new PRs (language classes, assistance with job applications, social groups etc). I'd mention in your correspondence with them a timeline of when you plan to be in Canada and when your wife hopes to be in Canada as well.

 

[armoured]

emphasize what you've done since submitting your application

^^Good point.

I'd also add - don't freak out, and don't take suggestions above as obligatory - you don't have to have all of them, just do your best, and if you think of other stuff, that too.

 

[Andalusites]

Thanks for the responses and feedback, I had no idea what a "PFL" was until armoured mentioned it and now I am worried and concerned. I did a bit of a Googling and it seems that they assume I misled or miss-represented the application.

It is weird because I only left Canada because I was not able to find a job and was working in something not related to my field. I have been trying to get back to Canada ever since and before I even met my wife.

Would it be wise to word my response in a way that shows that my plans were always that I intent to return to Canada. My parents and brothers live there now, I maintain my drivers license. I have credit cards and bank accounts which I use to pay my Canadian phone bill.

I will try to gather more evidence as suggested by MJSPARV.

When searching online, I saw many law firms and lawyers basically saying that at this point hiring a lawyer to respond is best as a PFL is that serious, any thoughts?

 

[scylla]

Thanks for the responses and feedback, I had no idea what a "PFL" was until armoured mentioned it and now I am worried and concerned. I did a bit of a Googling and it seems that they assume I misled or miss-represented the application.

It is weird because I only left Canada because I was not able to find a job and was working in something not related to my field. I have been trying to get back to Canada ever since and before I even met my wife.

Would it be wise to word my response in a way that shows that my plans were always that I intent to return to Canada. My parents and brothers live there now, I maintain my drivers license. I have credit cards and bank accounts which I use to pay my Canadian phone bill.

I will try to gather more evidence as suggested by MJSPARV.

When searching online, I saw many law firms and lawyers basically saying that at this point hiring a lawyer to respond is best as a PFL is that serious, any thoughts?

There is no misrepresentation with your application. That's not a concern.

The PFL however does indicate an intent to deny your application unless you satisfy the concerns.

You don't need a lawyer IMO. It's about the quality of the evidence you provide. You will still need to do this work even if you hire a lawyer.

 

[Andalusites]

The PFL however does indicate an intent to deny your application unless you satisfy the concerns.

Do they usually send a PFL or are ready to deny an application because of insufficient proof that one intends to return?

I know not all applications are the same but my brother was asked for further evidence but it was in the form of "Additional Documents".

You don't need a lawyer IMO. It's about the quality of the evidence you provide. You will still need to do this work even if you hire a lawyer.

True. Will consider that.

 

[armoured]

Would it be wise to word my response in a way that shows that my plans were always that I intent to return to Canada. My parents and brothers live there now, I maintain my drivers license. I have credit cards and bank accounts which I use to pay my Canadian phone bill.

Sure, phrase it that way if it's true. And yes, show the stuff you have. I also included short letters from relatives that my spouse and I had always planned and discussed the move back to Canada, even a note from my brother that mentioned all the crap I still had in his basement )).

Do they usually send a PFL or are ready to deny an application because of insufficient proof that one intends to return?

I know not all applications are the same but my brother was asked for further evidence but it was in the form of "Additional Documents".

This is the part that surprised me a bit in your case too, mostly I've seen additional document requests. We could speculate why, could even be something as simple as a new officer or a different office, but pointless to do just wonder. Take it seriously and do a good response. But I don't think you're in need of a lawyer.

Buying a car in advance is new.

 

[scylla]

Do they usually send a PFL or are ready to deny an application because of insufficient proof that one intends to return?

I know not all applications are the same but my brother was asked for further evidence but it was in the form of "Additional Documents".

It's not uncommon to get a PFL for intent to return. If you are sponsoring your spouse from outside of Canada, you are supposed to include strong evidence of intent to return with the application. If IRCC feels this evidence is insufficient, it's not unusual for a PFL to be the next step. We've seen this happen plenty of times on this forum.