procedural fairness letter for spouse visa application received today. Hi, I have made an application for SOWP my wife is already is Canada and working on skill level B and Currently I am living and working in New Zealand, I have couple of Canada visa rejection before and I did mention that about in visa application form but I forget to mention about my previous US visa application rejection,Now they are asking for explanation about this so what should I tell them because It was completely gone out from my mind,,they give me 15 days of time,,please suggest me what should I do and what can I answer them? and what is there any chances to get approval?
procedural fairness letter received on spouse open work premit
- Thread starter ikaypee
- Start date
A PFL is bad news and means that IRCC has decided to reject your application (and potentially ban you for misrepresentation). They are giving you one last chance to explain.
Your reason for not mentioning the US visa rejection isn't a good one - saying that you forgot isn't an acceptable reason.
I'm not sure you can do anything else but throw yourself on their mercy. Write a letter acknowledging your mistake, and ask them to consider that a rejection will mean they are separating you from your wife. Public policy here is generally against family separation so that's your best shot at avoiding a rejection.
Be completely honest in your response and don't try and avoid responsibility.
You may also want to contact a lawyer. This is a difficult letter to answer.
Your reason for not mentioning the US visa rejection isn't a good one - saying that you forgot isn't an acceptable reason.
I'm not sure you can do anything else but throw yourself on their mercy. Write a letter acknowledging your mistake, and ask them to consider that a rejection will mean they are separating you from your wife. Public policy here is generally against family separation so that's your best shot at avoiding a rejection.
Be completely honest in your response and don't try and avoid responsibility.
You may also want to contact a lawyer. This is a difficult letter to answer.
but apart all of this I have a question regarding I made an US visa application in 2013 & got rejected several times and I made a canada student visa application in 2015 and got rejected several times as well but on canada student student visa applications I never mention about my rejection in US and they never say that reason behind refusal as well as I ask them for capsnote as well after the rejection even on that one they didnt mention anything about previous refusal on US visa application and on my last canada visitor visa in 2017 visa refusal I didnt mention that one as well, so I thought I didnt need to mention on this time as well..isn’t it strange???
There's nothing strange about it. You have been committing misrepresentation on multiple applications, and now it's caught up with you. Your claim of "forgetting" will obviously not work since they will have looked at all your past applications as well and will see that you seem to consistently "forget".
Even if they didn't put that in your GCMS notes on prior refusals, the visa officer may well have known about your misrepresentation. Perhaps he was being nice to you by not banning you.
Based on what you just said, your chances of getting a visa are essentially zero. You will be very lucky if you don't get banned for five years.
You have been given a chance to explain. You can use a lawyer or do it yourself and totally explain your situation. It all depends on the VO to accept it or not. Nobody here can tell you that you have zero chance because they have been cases here where the VO accepted their explanation on issues like this. Try your luck and keep a positive attitude.
yea I was thinking the same and its the truth that it would be separate from my wife
Dear Bro
Can you please give me your opinion on this letter I received today from london visa office regarding my family Class Spousal application both of us are currently living in Saudi Arabia as I am employed there but we are waiting for the pr before we move back to Canada
This refers to your application for permanent residence in Canada as a member of the Family Class.
I have reviewed your application and all of the documents you submitted in support of it. It appears that you may not meet the requirements for immigration to Canada.
I am about to complete the assessment of your application for permanent residence in Canada and I am unable to determine that you meet the requirements of the Immigration and Refugee Protection Act.
Subsection 70. (1) of the Immigration and Refugee Protection Act states that:
An officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that
(b) the foreign national is coming to Canada to establish permanent residence;
Also, subsection 130(2) of the Immigration and Refugee Protection Regulations states that:
A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.
I am not satisfied you have demonstrated you and your sponsor's intent to reside in Canada when you are granted permanent residence because you have provided limited evidence of a reasonable plan to establish in Canada and limited information on the rationale for your family to relocate to Canada at this time.
I have noted that your sponsor has resided outside of Canada since 1998, and that you are gainfully employed outside of Canada with the same employer since 2010. I am therefore
Immigration and Medical Services Division | Section des services d’immigration et des services médicaux High Commission of Canada | Haut-commissariat du Canada
Canada House | La Maison du Canada
Trafalgar Square
London, UK SW1Y 5BJ
www.UnitedKingdom.gc.ca / www.Royaume-Uni.gc.ca
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concerned that you do not wish to relocate to Canada permanently or intend to establish yourself there.
The onus is on you to satisfy me that an immigrant visa can be issued to you. I would therefore request that you send any information or documents which you consider might respond to these concerns within 30 days. I must also advise you that failure to disabuse me of my concerns could lead to the refusal of your application.
Subsection 11(1) of the Act states that the visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act. It appears that you do not meet the requirements of the Act for the reasons set out above.
Before I make a final decision, you may submit additional information relating to these concerns. You must provide any additional information within 30 days from the date of this letter.
Documents sent as email attachments cannot exceed 5 MB in size. Any attachment larger than 5MB must be divided into smaller separate attachments.
If you choose not to respond with additional information within 30 days, I will make my decision based on the information before me, which may result in the refusal of your application.
Your sponsor has been living outside Canada for 21 years?
You need to prove to the officer's satisfaction that you will both move back to Canada as soon as you get PR. What plans to establish yourself in Canada did you show?
Looks like you want to move after next school year which may be tough to prove. May have been better for your wife and children to return to Canada before this school year. Canada has because more strict about requirements after many people didn’t return.
In fact my plan was once I get the pr I will leave my job and then I will move in March 2020 as my contract ends on Feb 2020 but now my question is do I really have a chance to prove my intent that we are moving. Also do you think that if I send my wife and kids next week and have my kids register in schools would establish the credibility as I must wait until my end of contract to get my end of service full ?
Yes, if your family returns to Canada and establishes residence by joining school, getting a job etc, it is a good indication of your intent to return. But all that will be moot if you don't answer the letter. You need to write an explanation and show concrete steps that you have taken already - you can't reply and say "We will move eventually".
If you are able to send your family back before the 30-day deadline (and your kids start school), that will be a good response. You can then reply - "We were intending to return as soon as I got my PR, but I understand that our intention may not have been clear. However, since receipt of this letter, my wife and child(ren) have returned to Canada and have started going to school. I plan to join them as soon as I get my PR".. or words to that effect.
I agree that the best option to get approval is for the sponsor to return to Canada ASAP and to update IRCC with that info.