Procedural Fairness

[Dubieaddis]

Hi Scylla,

If you can tell me your opinion as well I got PFL on 19th February on the below points

- I missed to declare the TRV refusal
- communication proof since marriage
- Nototrized passport copy of the person Who introduced us and
- concerns on how the sponsor immigrates to Canada

We have provide everything they requested and apologized for the mistake however it’s been two month no news either positive or negative
Do you think there is still a positive chance after 2 month of silence

 

[ALEMATIZ1]

Hi Scylla,

I hope you can help me. We also recieved Procedural fairness letter because the applicant has a dismissed case almost 15 years ago but was not convicted. We sent and provided everything like court documents and a submissions explaining why the applicant should not be inadmissible. Few months after we sent our submissions/reply to PFL, we got a request to redo the medicals because the first upfront already expired. My questions is this a good sign?( redo- medicals) after PFL? Diid they reconsider our application and soon get a positive decision? Im still worried. Thank you in advance!

do you have any news, I am reading your case and i same as mine? any positive reply from CIC

 

[Virgo29]

do you have any news, I am reading your case and i same as mine? any positive reply from CIC

Yes, got PPR

 

[Bains86]

You're currently inadmissible. Your PR application cannot be approved without rehab being approved first - so you really have no choice but to go through the process. Processing doesn't always take over a year - some cases are processed much faster.

hello
i have the situation i got procedural fairness letter
officer said you are eligible for individual rehabilitation and ask me send the application through cic online account
do you have any idea how long the officer going to take to processed this
thanks

 

[Juku77]

grab a chair and wait after you apply no one contacts you until 12 months have passed, and just to tell you if you were approved or not, in my case I was not approved in mi criminal rehab, app , the 3 beers more expensive in my life and my wife had to appeal, the appeal was approved in oct 2020 And now we are waiting for the visa office that corresponds to me to contact me, but it will take a few more months I think!
Patience my friend 2 or 3 years!

 

[Bains86]

grab a chair and wait after you apply no one contacts you until 12 months have passed, and just to tell you if you were approved or not, in my case I was not approved in mi criminal rehab, app , the 3 beers more expensive in my life and my wife had to appeal, the appeal was approved in oct 2020 And now we are waiting for the visa office that corresponds to me to contact me, but it will take a few more months I think!
Patience my friend 2 or 3 years!

How do apply for rehabilitation? Online or you send the file to your local visa office ?
Because in my case I wasn’t aware of this because I was only involved in a hit and run case in overseas and I was just fined by the police 200$ and even I never been to court but the immigration officer figure out it is a serious crime in Canada and it was happened in 2008 and he said you are eligible for rehabilitation and ask me send the application in my cic online account

 

[dw33]

I dont understand if refused how did they become a sponsor?

 

[DiiDii]

I dont understand if refused how did they become a sponsor?

They are the PA Not the sponsor. They have to go through the rehabilitation program to either clear their record or get it pardoned. Something to that effect.

 

[dw33]

ahh, I see.

 

[sarvesh90]

Hi all,

I have submitted a sponsorship application for my wife in March 2021. Today I received a PFL that states the following-

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.

I have concerns that you may have misrepresented yourself on the IMM 5669 – Schedule A, which you have provided in support of your application. More specifically, on your Schedule A, under question 4 (page 1 of 5), you have not declared any previous refusals to Canada. However, after a search of our immigration system, at the time you submitted your application for permanent residency, it would appear to that you had been refused a temporary resident visa.


So here is the truth. My wife was refused a TRV in Dec 2020, and I accidentally answered NO to that question - since the question is:
"been refused refugee status, or an immigrant or permanent resident visa (including a Certificate de selection du Quebec CSQ or application to the Provincial Nominee Program) or visitor or temporary resident visa to Canada or any other country"

I only read the first half of the question and answered NO in haste.

But luckily, in form IMM 5332, Question 11 - they ask us if you want to share more information about your relationship -

Here I have attached a 4 page detailed letter of our relationship, which includes the following paragraph:

"In June 2020 we started discussing the possibility of applying for my Temporary Residence Visa and visit him in Canada following all relevant quarantine and Covid-19 guidelines. Since he had started his new job at XYZ, he could not take time off and visit India. The plan was to spend time getting to know each other in Canada and spend some time together. If everything went as per plan, we would come back to India together for the wedding. I applied for the visa on 1st July 2020 (Application Number: VXXXXXXXX) and hoped to hear some good news regarding international travel. Unfortunately, the application for temporary residence was refused. "

Now, I want to know the format of responding to this PFL. I am going to admit my genuine mistake in answering that question and want to highlight this section of the letter that I have submitted, where I clearly convey the refusal of this TRV.

Can anyone please guide me in responding to this PFL??

@canuck78 @scylla

 

[Buletruck]

Hi all,

I have submitted a sponsorship application for my wife in March 2021. Today I received a PFL that states the following-

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.

I have concerns that you may have misrepresented yourself on the IMM 5669 – Schedule A, which you have provided in support of your application. More specifically, on your Schedule A, under question 4 (page 1 of 5), you have not declared any previous refusals to Canada. However, after a search of our immigration system, at the time you submitted your application for permanent residency, it would appear to that you had been refused a temporary resident visa.


So here is the truth. My wife was refused a TRV in Dec 2020, and I accidentally answered NO to that question - since the question is:
"been refused refugee status, or an immigrant or permanent resident visa (including a Certificate de selection du Quebec CSQ or application to the Provincial Nominee Program) or visitor or temporary resident visa to Canada or any other country"

I only read the first half of the question and answered NO in haste.

But luckily, in form IMM 5332, Question 11 - they ask us if you want to share more information about your relationship -

Here I have attached a 4 page detailed letter of our relationship, which includes the following paragraph:

"In June 2020 we started discussing the possibility of applying for my Temporary Residence Visa and visit him in Canada following all relevant quarantine and Covid-19 guidelines. Since he had started his new job at XYZ, he could not take time off and visit India. The plan was to spend time getting to know each other in Canada and spend some time together. If everything went as per plan, we would come back to India together for the wedding. I applied for the visa on 1st July 2020 (Application Number: VXXXXXXXX) and hoped to hear some good news regarding international travel. Unfortunately, the application for temporary residence was refused. "

Now, I want to know the format of responding to this PFL. I am going to admit my genuine mistake in answering that question and want to highlight this section of the letter that I have submitted, where I clearly convey the refusal of this TRV.

Can anyone please guide me in responding to this PFL??

@canuck78 @scylla

Honestly, I’d spend the money at this point and hire an immigration lawyer to respond. On the face of it it looks like there is the possibility of a reasonable claim of innocent misrepresentation, the fact remains that misrepresentation did occur (you did answer no). At this point IRCC has made their decision and a potential 5 year ban is imminent. It’s not the time for (excuse the analogy) amateur attempts to correct the issue at hand. Simply confirming the error after it has been identified by IRCC doesn’t resolve the finding in your response to the PFL or change the underlying claim by IRCC that there has been misrepresentation in your application. Your efforts need to be focused on convincing them that it was in fact innocent misrepresentation.
The choice is yours, but with one chance, the strong evidence backing the IRCC position and the significant repercussions a negative response can bring, I’d want to ensure I had the best legal representation to avoid a costly mistake presenting my position.

 

[sarvesh90]

Hi,

Yes I will look into hiring a competent immigration lawyer to help me with this response.

What gives me hope is the fact that in the same application package, on another form, I've clearly stated the refusal along with the application number.

I also have a TRV I applied a month after this spousal application where I've stated previous visa refusals.

Considering these 2 evidences, I feel pretty confident that IRCC will not blankly refuse the application, as it was genuine mistake bad I've seen people getting approval without having such strong evidence to support their claim like I did.

 

[Buletruck]

Hi,

Yes I will look into hiring a competent immigration lawyer to help me with this response.

What gives me hope is the fact that in the same application package, on another form, I've clearly stated the refusal along with the application number.

I also have a TRV I applied a month after this spousal application where I've stated previous visa refusals.

Considering these 2 evidences, I feel pretty confident that IRCC will not blankly refuse the application, as it was genuine mistake bad I've seen people getting approval without having such strong evidence to support their claim like I did.

As I said, it does seem like innocent misrepresentation, but the fact remains the PFL is IRCC telling you that the are going to reject your application and likely apply a ban on your spouse. That decision has been made. The PFL is simply IRCC offering due course in the process. Restating what they already know doesn’t change the misrepresentation. You need to convince them to alter their current decision.

 

[Phalos]

As I said, it does seem like innocent misrepresentation, but the fact remains the PFL is IRCC telling you that the are going to reject your application and likely apply a ban on your spouse. That decision has been made. The PFL is simply IRCC offering due course in the process. Restating what they already know doesn’t change the misrepresentation. You need to convince them to alter their current decision.

Just curious, what a lawyer can say that is different than what Applicant can say in layman words like, "I am sorry it was an honest mistake on our part but we did include the refused trv in another section...."
A lawyer using fancy legal jargon but saying the exact same thing with a fancy company letterhead, would yield a better result???
Or does IRCC think oh they took our PFL to a lawyee and spent $500 to write a fancy apology so that rubs our ego in a positive way...APPROVED!

 

[Buletruck]

Just curious, what a lawyer can say that is different than what Applicant can say in layman words like, "I am sorry it was an honest mistake on our part but we did include the refused trv in another section...."
A lawyer using fancy legal jargon but saying the exact same thing with a fancy company letterhead, would yield a better result???
Or does IRCC think oh they took our PFL to a lawyee and spent $500 to write a fancy apology so that rubs our ego in a positive way...APPROVED!

Because a decent lawyer isn’t going to just say I’m sorry. Too late for that. A decent immigration lawyer would understand the differences and intricacies or intentional and innocent misrepresentation and be able to cite and reference case law and examples of such to make their clients case. No guarantee it will improve the OPs chances, but certainly a better chance than just a letter saying I’m sorry. That won’t cut it at this point in the process.