Procedural fairness letter?

[fullofturtles]

Hi everyone,

My background:
Arrived in Canada for school 2009
Graduated 2013
Applied for Express Entry Dec 4, 2015
Sent Application Feb 2nd, 2016
Sent Extra Documents Feb 25th, 2016

I'm living in Canada and have been working full time for almost 2 years now. I don't have LMIA but I have a contract until October 2016. I also recently received a new open work permit that expires on April 2017 and a new entry visa that also expires on April next year.

I received a procedural fairness letter today. I'm doing this process by myself and haven't really hired anyone to help me manage the process (I'm hiring someone to help me deal with this though). This has made me very nervous and I'm not sure what to do from now on. I'm sure I made a mistake with my application.

This is the letter:

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I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of the Immigration and Refugee Protection Act which states:
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 reasonable requires.

Specifically, I have concerns that you stated that you were a Self-Employed Freelance Designer from May 2015 to October 2015. You also stated that you were unemployed, and looking for work from May 2015 to October 2015. The conflicting information raises concerns regarding the credibility of subsequent employment, and the overall work qualifications used on your application.

---

I had one freelance gig while I was unemployed, but I guess that counts as employment? Has anyone else had anything like this?

Thanks!

 

[Regina]

I suppose you made a mistake when you wrote that you were unemployed and showed that you were self-employed at the same time.

You should write a letter of explanation that you were confused, because you were previously an employee and then self-employed, so you considered yourself "without employment aka not a employee". Now you see a mistake, and yes you were self-EMPLOYED from May to Oct, and were looking for the EMPLOYMENT at the same time. Provide CIC with a copy of contract / copy of payment (-s), even a reference from the costumer with dates and rates will do. Also send them a copy of Tax return 2015 with Business Income for self-employment on it and Notice of assessment. I hope very much you filed Tax Returns?!!??

 

[rezafc]

Do as Regina says,

Also I just want to say that the officer is not giving you a hard time, you simply confused him/her and they are concerned about your situation. They are not looking for an excuse to reject your application, rather they are offering you a second chance so you can provide them with more evidence and explanation.

I personally don't think you need to hire a professional as long as you can explain yourself thoroughly and sincerely with a well composed cover letter and supporting documents. Just remember to keep it short, polite and to the point.

I'm not worried about your case at all. It's a pass, just make sure to clear the air with honesty.

Best of luck,

 

[fullofturtles]

Thanks guys! I really appreciate it. After checking everything I sent, I never stated I was unemployed in that period of time. I was unemployed May - October 2013, but not May - October 2015. I was actually working full time at the time.

Could it be possible that they made a mistake? Thanks!

 

[jes_ON]

Thanks guys! I really appreciate it. After checking everything I sent, I never stated I was unemployed in that period of time. I was unemployed May - October 2013, but not May - October 2015. I was actually working full time at the time.

Could it be possible that they made a mistake? Thanks!

It is possible. It is not difficult to mistake a 3 for a 5...

 

[rezafc]

Thanks guys! I really appreciate it. After checking everything I sent, I never stated I was unemployed in that period of time. I was unemployed May - October 2013, but not May - October 2015. I was actually working full time at the time.

Could it be possible that they made a mistake? Thanks!

Yeah probably, they are humans, they make mistakes. See if you can explain it in your letter.

Best of luck,

 

[Goku]

Thanks guys! I really appreciate it. After checking everything I sent, I never stated I was unemployed in that period of time. I was unemployed May - October 2013, but not May - October 2015. I was actually working full time at the time.

Could it be possible that they made a mistake? Thanks!

To be honest get a professional to deal with this rather than doing it yourself. Because this is last chance you get to prove yourself before they actually reject your file. They can definitely make a mistake as it happened with my close friend. He never received a fairness letter and was rejected but lawyers one email made CIC re-open his file. He is now PR. So don't risk it doing yourself.

 

[Babasalaa1]

Dont try to reply yourself.. hire a professional to represent you.

 

[pkssandhu]

I second Goku's suggestion too.

 

[Regina]

Do it yourself. Do not spend money for nonsense. CIC is waiting for a simple explanation.. and here you are with lawyers????
To answer a simple question? Do not be ridiculous. ;D

 

[fullofturtles]

Thanks for your thoughts everyone! I hired a consultant with a strong background in immigration law. A lot cheaper than a lawyer, so let's hope it all works out.