+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Got Procedural Fairness Letter! HELP PLEASE!!

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
That's fantastic news. Forgive me as I have little to no knowledge in legal world, what does "without costs bias" mean?
Costs refer to an award of the winning party's legal costs. If you win a legal case, the other side typically has to pay a significant portion of your legal bill.

Here, IRCC gave the applicant a win but only did so if they didn't have to pay the legal costs.
 

next444

Star Member
Aug 12, 2018
75
53
Costs refer to an award of the winning party's legal costs. If you win a legal case, the other side typically has to pay a significant portion of your legal bill.

Here, IRCC gave the applicant a win but only did so if they didn't have to pay the legal costs.
Thank you for the explanation!
 

Majid Nawaz

Hero Member
Feb 9, 2016
354
49
Hello @Bunny Thapar @next444 ,

My AOR is Nov 30, 2018. VO London, Got PFL on Dec 23, 2019 regarding employment (IRCC gave 30 days to respond), replied to PFL on Jan 22, 2020. Then on Feb 15, 2020 when I opened my CIC application, the status was APPLICATION/PROFILE UPDATED instead of submitted when I checked my full application status. the particulars (medicals, additional docs, interview etc) were same, when I went back to the profile the status came back to SUBMITTED.

Any views on that ?
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,520
Got some updates on my friend's case here:

If you had read the earlier posts you'd know my friend in the same situation got refused because her non-accompanying inland, she filed a judicial review against the decision. Today she heard back from her lawyer a settlement was offered-- that IRCC is going to re-open her case and has referred her case back to a different VO for re-determination without costs bias.

Hopefully this helps with all the folks in the same boat. And I personally have finished my inland landing last week.

Best wishes to everyone!
You are celebrating prematurely. Still have to get approval by the new VO.
 

kuskus

Champion Member
Jun 17, 2014
1,174
149
Category........
Job Offer........
Pre-Assessed..
You are celebrating prematurely. Still have to get approval by the new VO.
I don’t believe this celebration is premature. Usually, when the government takes a look at the case, and agrees to settle out of court, their lawyer believes that the VO was wrong, and they would’ve lost in court. Hence the file is to be determined by a different VO, who is expected to make a proper determination.
 
  • Like
Reactions: Fantastica

canuck78

VIP Member
Jun 18, 2017
55,589
13,520
I don’t believe this celebration is premature. Usually, when the government takes a look at the case, and agrees to settle out of court, their lawyer believes that the VO was wrong, and they would’ve lost in court. Hence the file is to be determined by a different VO, who is expected to make a proper determination.
Not all get approved afterwards. A new VO will review with a fresh set of eyes and approve or deny.
 

nns14

Champion Member
Feb 10, 2018
1,438
888
Category........
FSW
Visa Office......
Nairobi, Kenya
NOC Code......
2147
App. Filed.......
26-09-2019
AOR Received.
26-09-2019
File Transfer...
24-10-2019
Passport Req..
18-Jul-2022
VISA ISSUED...
05-Aug-2022
LANDED..........
11-Jan-2023
Hello @Bunny Thapar @next444 ,

My AOR is Nov 30, 2018. VO London, Got PFL on Dec 23, 2019 regarding employment (IRCC gave 30 days to respond), replied to PFL on Jan 22, 2020. Then on Feb 15, 2020 when I opened my CIC application, the status was APPLICATION/PROFILE UPDATED instead of submitted when I checked my full application status. the particulars (medicals, additional docs, interview etc) were same, when I went back to the profile the status came back to SUBMITTED.

Any views on that ?
That's called Ghost Update which almost always great news. Call the IRCC callcenter and ask them what was the update about. Most likely you passed something.
 

kuskus

Champion Member
Jun 17, 2014
1,174
149
Category........
Job Offer........
Pre-Assessed..
Not all get approved afterwards. A new VO will review with a fresh set of eyes and approve or deny.
You’re correct, but that is if he or she finds a different reason (valid) to deny. I doubt a VO will deny for the same reason for which they asked to settle out of court.
 

Majid Nawaz

Hero Member
Feb 9, 2016
354
49
That's called Ghost Update which almost always great news. Call the IRCC callcenter and ask them what was the update about. Most likely you passed something.
What are chances of Rejection after PFL ? after this Update ? What happens when a person normally gets this update ?
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,520
You’re correct, but that is if he or she finds a different reason (valid) to deny. I doubt a VO will deny for the same reason for which they asked to settle out of court.
The settlement is just that the application will be reviewed by another VO. Just don’t want to person to celebrate until they 100% get approved.
 

kuskus

Champion Member
Jun 17, 2014
1,174
149
Category........
Job Offer........
Pre-Assessed..
The settlement is just that the application will be reviewed by another VO. Just don’t want to person to celebrate until they 100% get approved.
You are correct again. The government realizes that the plaintiff has a very good chance of winning the case, hence they don’t want to defend the case, which will be a financial “burden“ on them. I doubt that a different VO will deny for the same reason. With regards to the celebration, I believe it’s hoping for the best;)
 

nns14

Champion Member
Feb 10, 2018
1,438
888
Category........
FSW
Visa Office......
Nairobi, Kenya
NOC Code......
2147
App. Filed.......
26-09-2019
AOR Received.
26-09-2019
File Transfer...
24-10-2019
Passport Req..
18-Jul-2022
VISA ISSUED...
05-Aug-2022
LANDED..........
11-Jan-2023
What are chances of Rejection after PFL ? after this Update ? What happens when a person normally gets this update ?
Sorry, I cannot answer these questions without pure guesswork. I suggest you to call them to know what the update was about.
 

khan5858

Full Member
Mar 9, 2014
23
0
Should I mention about the sponsoring him in the future or it’s better not to mention?
Do you got any response I had the same situation but my spouse is outside country and we hardly cohabitate together for a year but in common we had a child. So my points were enough when I applied without claiming her points. But I unnecessary included. I hope you should have not stated you are in a common law relationship but if you got any reply kindly share your experience.
 

khan5858

Full Member
Mar 9, 2014
23
0
Hello folks,

I’m EE CEC INLAND with non-accompanying spouse. As my CRS score was not high enough to get ITA if I applied with my common law partner. I still claimed him because we had lived together longer than a year. Today I got PFL question about why he’s not accompanying as we’re living together in Canada. He has a study permit and will be applying PGWP when he graduate. Please advise!!

Here’s the letter:
This refers to your application for permanent residence in Canada. I am writing you this letter to express my serious concerns regarding your application.
You have provided a Statutory Declaration of common-law union with XXX since January 1, 2017, but you are claiming your spouse as non-accompanying on your application.
To help alleviate my concerns, please provide a detailed explanation as to why your spouse is non- accompanying while you remain living together in Canada.
Therefore I am asking you to submit any additional information/documentation that would allay my concerns. Submissions line available to upload your response. You have 7 days from the date of this letter to submit the additional information using your MyCIC account.
If you choose not to respond with additional information, or if your submission does not allay these concerns, your application may be refused.

In my case I had gave them letter of explanation and told them to kindly remove my commonlaw partner as non accompanying.