procedural fairness / PFL success stories?
- Thread starter Faizankarim
- Start date
Hi,
I am also facing the same situation. I received my PFL last week. My previous employer admitted his mistake and sent me a new employment letter to me to submit to IRCC.
In letter of explaination, I think I need to admit my mistake saying that I did not verify my employment letter before submitting to IRCC and the 2nd mistake is made by employer that he did not send the employment letter properly which created doubt to IRCC
Now my previous employer sent me a new employment document and admitted they were during holiday season at the time I requested them the letter. So the letter was not created properly.
I am thinking to submit new employment letter and screenshot of my email conversation with my previous employer
Can you help me in writing the letter of explaination?
I am a success story of PFL. I received PFL, provided the information and was approved for PR.
But you should understand that it depends on the seriousness of your mistake and where you are located.
The general rule is this:
1) If you are located outside Canada, probability that you will be approved is low.
2) If you are located inside Canada, probability that you will be approved is high. But hire a lawyer who will help you compose a cover letter. In addition to that you should provide a statutory declaration. Every document should be signed and stamped. A lawyer knows how to do it. Don't save money on a lawyer! It's a serious thing.
Also:
1) If your mistake is serious (you hid criminal punishment), probability that you will be approved is low.
2) If your mistake is not serious (you forgot to mention about visa refusals), probability that you will be approved is high.
Remember PFL is not a verdict. It's a chance for you to explain whether you made mistake or you misinterpreted information.
You are welcome.
I'm writing this message for the future generations to help them because I was stuck and didn't get proper help anywhere. Good luck everyone! Welcome to Canada!
But you should understand that it depends on the seriousness of your mistake and where you are located.
The general rule is this:
1) If you are located outside Canada, probability that you will be approved is low.
2) If you are located inside Canada, probability that you will be approved is high. But hire a lawyer who will help you compose a cover letter. In addition to that you should provide a statutory declaration. Every document should be signed and stamped. A lawyer knows how to do it. Don't save money on a lawyer! It's a serious thing.
Also:
1) If your mistake is serious (you hid criminal punishment), probability that you will be approved is low.
2) If your mistake is not serious (you forgot to mention about visa refusals), probability that you will be approved is high.
Remember PFL is not a verdict. It's a chance for you to explain whether you made mistake or you misinterpreted information.
You are welcome.
I'm writing this message for the future generations to help them because I was stuck and didn't get proper help anywhere. Good luck everyone! Welcome to Canada!
I also Received a PFL because my Wifw didn't Disclose about her Divorce to me. So we didn't Reflect it in our Marriage Certificate, we didn't add it to our Application that she is Divorce and my Wife didnt also Disclose it that she sponsored someone before. My Immigration Consult said we should use an Oversight. I don't want any Ban because it's not my Fault I wanted the letter from my Wife to state that she take full Responsibility and she didn't Disclose it to me. Any view on this too
I applied for Spouse Sponsorship Application and my Wife Didnt Disclose her previous Marriage
I see. I would very strong recommend that you hire an immigration lawyer now (get rid of the consultant) to help you with the PFL response and next steps. These are extremely serious misrepresentation.
We are now completing the assessment of your application for a permanent resident visa. It
appears that you may not meet the requirements for immigration to Canada.
You have not met the following condition:
Subsection 4(1) of the regulations, states that, for the purpose of these regulations, no foreign
national shall be considered a spouse, a common-law partner or a conjugal partner of a person if
the marriage, common-law partnership or conjugal partnership
(a) was entered into primarily for the purpose of acquiring any status or privilege under
the Act; or
(b) is not genuine.
Subsection 16(1) of the Immigration and Refugee Protection Act states that 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.
Subsection 117(9) of the regulations states that no foreign national may be considered a member
of the family class by virtue of their relationship to a sponsor if
(c) the foreign national is the sponsor’s spouse and
(i) the sponsor or the foreign national was, at the time of their marriage, the
spouse of another person.
Based on the evidence that you provided I have concerns that your relationship is genuine and/or
that the primary reason for the marriage is other than for the purpose of you gaining admission to
Canada.
Your sponsor failed to declare previous marriage on IMM1344, the application to sponsor, sponsorship agreement, you answered no to question 9, have you previously been married or in a
common law relationship?
Our record shows that the sponsor was previously married on 2014/03/28, where she had
submitted a previous sponsorship application.
Your sponsor did not provide a divorce certificate as evidence of divorce from previous spouse
before her marriage to you.
You sponsor declared single on the marriage license you submitted.
I have concerns that your relationship is genuine or that it was not entered into primarily for the
purpose of acquiring permanent residence in Canada contrary to R4(1). As a result, for the
purpose of the regulations, I am not satisfied that you are a member of the class.
This is an excluded relationship pursuant to R117(9)(c), (i)
(9) A foreign national shall not be considered a member of the family class by virtue of their
relationship to (c) the foreign national is the sponsor’s spouse and
• (i) the sponsor or the foreign national was, at the time of their marriage, the spouse of
another person
Before an officer makes a final decision, you may submit additional information relating to this
issue.
You have 30 days from the date of this letter to submit additional information to me. Please
ensure that
you quote the application number indicated at the top of this letter on any information you
submit.
You are responsible for any fees charged by (specialized group that provide the information
sought) or other professionals you consult as a result of this opportunity to submit new
information.
As stated above, you must provide any additional information within thirty days from the date of
this letter. If you choose not to respond with additional information an officer will make a
decision based on the information presented, which may result in the refusal of your application.
Please note that submission in person will not be accepted.
We look forward to receiving your additional information.
Thank you for the interest you have shown in Canada
This is the PFL I received
My wife didnt Disclose her Previous Divorce to me. I wanted the her Letter not to state oversight but for her to still take Full Responsibility for her action not tell me. At this moment I am just Preventing 5 years Ban. Any help please
appears that you may not meet the requirements for immigration to Canada.
You have not met the following condition:
Subsection 4(1) of the regulations, states that, for the purpose of these regulations, no foreign
national shall be considered a spouse, a common-law partner or a conjugal partner of a person if
the marriage, common-law partnership or conjugal partnership
(a) was entered into primarily for the purpose of acquiring any status or privilege under
the Act; or
(b) is not genuine.
Subsection 16(1) of the Immigration and Refugee Protection Act states that 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.
Subsection 117(9) of the regulations states that no foreign national may be considered a member
of the family class by virtue of their relationship to a sponsor if
(c) the foreign national is the sponsor’s spouse and
(i) the sponsor or the foreign national was, at the time of their marriage, the
spouse of another person.
Based on the evidence that you provided I have concerns that your relationship is genuine and/or
that the primary reason for the marriage is other than for the purpose of you gaining admission to
Canada.
Your sponsor failed to declare previous marriage on IMM1344, the application to sponsor, sponsorship agreement, you answered no to question 9, have you previously been married or in a
common law relationship?
Our record shows that the sponsor was previously married on 2014/03/28, where she had
submitted a previous sponsorship application.
Your sponsor did not provide a divorce certificate as evidence of divorce from previous spouse
before her marriage to you.
You sponsor declared single on the marriage license you submitted.
I have concerns that your relationship is genuine or that it was not entered into primarily for the
purpose of acquiring permanent residence in Canada contrary to R4(1). As a result, for the
purpose of the regulations, I am not satisfied that you are a member of the class.
This is an excluded relationship pursuant to R117(9)(c), (i)
(9) A foreign national shall not be considered a member of the family class by virtue of their
relationship to (c) the foreign national is the sponsor’s spouse and
• (i) the sponsor or the foreign national was, at the time of their marriage, the spouse of
another person
Before an officer makes a final decision, you may submit additional information relating to this
issue.
You have 30 days from the date of this letter to submit additional information to me. Please
ensure that
you quote the application number indicated at the top of this letter on any information you
submit.
You are responsible for any fees charged by (specialized group that provide the information
sought) or other professionals you consult as a result of this opportunity to submit new
information.
As stated above, you must provide any additional information within thirty days from the date of
this letter. If you choose not to respond with additional information an officer will make a
decision based on the information presented, which may result in the refusal of your application.
Please note that submission in person will not be accepted.
We look forward to receiving your additional information.
Thank you for the interest you have shown in Canada
This is the PFL I received
My wife didnt Disclose her Previous Divorce to me. I wanted the her Letter not to state oversight but for her to still take Full Responsibility for her action not tell me. At this moment I am just Preventing 5 years Ban. Any help please
The only thing the Lawyer said my Wife to write a letter to respond an Oversight and I am likely to get 5 years Ban
This is very unusual for a sponsor to lie about her information. Specially when she actually had applied for sponsorship and IRCC for sure have those records.
You need an immigration lawyer to explain it as respond to the PFL. Your application will likely be rejected.
But hopefully the lawyer will be able to prevent a 5 years ban for you.
The lawyer i used for the Application its likely to get me a Ban. He want the Lady to admit that it's just Human Error and an Oversight. Meaning i am aware we didn't add it.
In my opinion the chances of your getting a ban are likely very high.
I don't know how an oversight explains this. Not mentioning a previous marriage and a previous sponsorship when this is specifically asked for in the application is not an oversight.