Reply to procedural fairness letter (PFL)

[faroquex]

Hello everyone,

I'm seeking advice from those who may have experienced a similar situation.

We applied for a PR visa under the PGP2020 for my parents. Recently, I received a procedural fairness letter due to my dad's kidney problems resulting from excessive medical costs. When we submitted the application, my mother was the primary applicant, and my dad was included as a spouse. I consulted with a lawyer who claims he can assist us in responding to the letter on humanitarian grounds, but he is requesting a significant fee for his services. My questions are:

- Is there a chance of success if I choose to follow the lawyer's suggestions?

- Is there any way CIC will approve my mother's PR visa only since she has no issue and we don't want to miss the opportunity we get?

I would greatly appreciate any insights or advice.

Thank you.

 

[ttanin]

I would consult with few lawyers. You have a challenging case.

 

[scylla]

Hello everyone,

I'm seeking advice from those who may have experienced a similar situation.

We applied for a PR visa under the PGP2020 for my parents. Recently, I received a procedural fairness letter due to my dad's kidney problems resulting from excessive medical costs. When we submitted the application, my mother was the primary applicant, and my dad was included as a spouse. I consulted with a lawyer who claims he can assist us in responding to the letter on humanitarian grounds, but he is requesting a significant fee for his services. My questions are:

- Is there a chance of success if I choose to follow the lawyer's suggestions?

- Is there any way CIC will approve my mother's PR visa only since she has no issue and we don't want to miss the opportunity we get?

I would greatly appreciate any insights or advice.

Thank you.

- Your father must be approved in order for your mother's PR visa to be approved. It is not possible to proceed with your mother only. If your father is refused then your mother will be automatically refused too.
- There is always some chance of succeeding under H&C (although generally quite low). What would your H&C argument be, exactly?
- Generally if you receive a PFL for excessive demand, you want to respond to the PFL with evidence to show that your father's care will cost less than IRCC has calculated and does not result in excessive demand. This would be done through letters from doctors, medical results, etc. that show your father's health condition is stable and not as serious as IRCC has accessed. Of course if your father is already on dialysis or in advance stages of kidney disease / failure, then I'm not sure this will be possible for you to do.

 

[canuck78]

Hello everyone,

I'm seeking advice from those who may have experienced a similar situation.

We applied for a PR visa under the PGP2020 for my parents. Recently, I received a procedural fairness letter due to my dad's kidney problems resulting from excessive medical costs. When we submitted the application, my mother was the primary applicant, and my dad was included as a spouse. I consulted with a lawyer who claims he can assist us in responding to the letter on humanitarian grounds, but he is requesting a significant fee for his services. My questions are:

- Is there a chance of success if I choose to follow the lawyer's suggestions?

- Is there any way CIC will approve my mother's PR visa only since she has no issue and we don't want to miss the opportunity we get?

I would greatly appreciate any insights or advice.

Thank you.

Kidney disease is one of the top reasons for refusal. Does he also have diabetes and hypertension? What grade of chronic kidney disease does he have? cKD4? dialysis? Will he need a transplant in the next 5-10 years?

 

[Kananaskis]

I can tell you from my own experience that, most lawyers will say you can apply/appeal under H&C, and most of them are wrong. The refusal rates have spiked through the roof in recent years and the approval rates are getting smaller with new immigrantion rules set for the next few years.
Every case is a different one, but to apply and win under H&C basically you need an argument that fits under these categories (benefit of a child, irreparable harm, or a court order), anything out of that equation is extremely hard, if not impossible, to get under H&C.

So if you have kids (your dad's grand children), that would categorize as benefit of a child. And then it's up to you and your lawyer to decide on how to prove that having the grandparents close would benefit the child.

Irreparable harm is a bit harder to prove for your dad, but it can still be achieved through different arguments like, they would be alone in their home country, you need to take care of them, and so on.

I'm not a lawyer and I can't give you counsel on what to argue and what to do, I'm just letting you know through my own experience and talking to many different lawyers specifically about H&C.
If you believe you have any of those things, then I'd suggest talking to your lawyer. I'd also suggest you having a consultation with a different lawyer, just to be sure about your case and about the route your lawyer is planning.

Aside from that, like the other well informed members mention, it's a hard case and the refusal is high.
But keep your hopes up, I'm sure you will find a way.

 

[faroquex]

Thank you very much for all the information. Unfortunately my dad passed away while we are thinking how to reply the PFL. I am not sure what would be the step now.

 

[ttanin]

I am so sad to hear the news. Please take yourself and your family first. There are more experienced members here but something like this likely requires a petition to immigration for reconsideration. I would recommend consulting a lawyer. Have the death certificate translated/notarized. Its possible lawyer will say re-apply

 

[ERCAN]

Thank you very much for all the information. Unfortunately my dad passed away while we are thinking how to reply the PFL. I am not sure what would be the step now.

Sorry for your loss.
In your response to PFL you must address this change of circumstances and remove your father from the application. Considering that In PGP it is allowed to process surviving parents even if primary applicant has passed away. In your case your mother is the PA and will be processed further.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-circumstance.html
I don`t think there is a need to re-apply.

 

[Kananaskis]

I am so sorry for your loss.

 

[canuck78]

I can tell you from my own experience that, most lawyers will say you can apply/appeal under H&C, and most of them are wrong. The refusal rates have spiked through the roof in recent years and the approval rates are getting smaller with new immigrantion rules set for the next few years.
Every case is a different one, but to apply and win under H&C basically you need an argument that fits under these categories (benefit of a child, irreparable harm, or a court order), anything out of that equation is extremely hard, if not impossible, to get under H&C.

So if you have kids (your dad's grand children), that would categorize as benefit of a child. And then it's up to you and your lawyer to decide on how to prove that having the grandparents close would benefit the child.

Irreparable harm is a bit harder to prove for your dad, but it can still be achieved through different arguments like, they would be alone in their home country, you need to take care of them, and so on.

I'm not a lawyer and I can't give you counsel on what to argue and what to do, I'm just letting you know through my own experience and talking to many different lawyers specifically about H&C.
If you believe you have any of those things, then I'd suggest talking to your lawyer. I'd also suggest you having a consultation with a different lawyer, just to be sure about your case and about the route your lawyer is planning.

Aside from that, like the other well informed members mention, it's a hard case and the refusal is high.
But keep your hopes up, I'm sure you will find a way.

Many are under the false impression that benefit of a child is an easy way to secure H&C for grandparents. In some communities people are told this is an almost guaranteed way to secure H&C. It may have been easier in the past but you have to have very specific circumstances to use children to secure H&C as a grandparent. Having grandparents live in Canada and nearby is not a reality for most people in Canada even if all individuals are Canadian citizens. Children are still able to maintain a relationship with grandparents through infrequent visits and being in contact via telephone or video.

 

[canuck78]

Hello everyone,

I'm seeking advice from those who may have experienced a similar situation.

We applied for a PR visa under the PGP2020 for my parents. Recently, I received a procedural fairness letter due to my dad's kidney problems resulting from excessive medical costs. When we submitted the application, my mother was the primary applicant, and my dad was included as a spouse. I consulted with a lawyer who claims he can assist us in responding to the letter on humanitarian grounds, but he is requesting a significant fee for his services. My questions are:

- Is there a chance of success if I choose to follow the lawyer's suggestions?

- Is there any way CIC will approve my mother's PR visa only since she has no issue and we don't want to miss the opportunity we get?

I would greatly appreciate any insights or advice.

Thank you.

I’m sorry for your loss. Given that your mother is the PA all you need to do is submit your father’s death certificate and ask IRCC to remove him from sponsorship application. The good news is that the timing of the death will allow you to sponsor your mother. Obviously you’d trade your father for PGP but the timing is pretty serendipitous.