Seeking reply guidance- procedure fairness letter

[reayath]

Re: Received Fairness Letter......Seeking guidance for reply
« Reply #143 on: May 28, 2016, 10:50:50 pm »
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Hi Gus, urgent help plz.

I received the procedure fairness letter last Friday regarding my PR application, in the letter it stands "I'm inadmissible to Canada and application won't go further due to information against my spouse as follows:

1. He has a warranty to arrest to be removed from Canada. If he already left Canada, he needs to get a confirmation of departure certificate from nearby Canadian embassy - fact: until I submitted it he application I didn't know he was staying in Canada illegally during 2007-2012, we got married in 2012 and went back to China after a month. After that he remained working in China and other countries while I was working in Canada. I flew back to China to see him and my family every year for vacation. None of us knew he need to report at POE to get the departure certificate when he left Canada in 2012. Of course the certificate will be the first thing for him to obtain on Monday as requested here in the letter

2. We misunderstood the schedule A request for my spouse, at the time it requested it ask him to complete Q1-6, so we submitted only page 1 & 4 for that matter. The fairness letter require to submit a update and fully completed schedule A for him and of course we will do it.

3. Letter which sent to my cic online account as a message, but it requires me to "reply directly to the email in 30 days with application # in subject line" - it wasn't sent to my email account directly, nor any information about the sender address, how am I supposed to respond directly by email?


The situation is because of his current working situation he won't be able to accompany me if PR approved, so we didn't add him as accompany from the beginning of the application. But I understand the serious of the situation and I'm going to seek some legal counsel for responding this letter for sure. But what is my chance to get my case approved?

I love my husband even though he was not honest about his situation then, I feel it is also important for me to get the life I want in Canada.

 

[Andre_Smol]

To be honest, I think your chances are fairly limited and a procedural fairness letter is a very serious matter and could not only result in your refusal but also in a 5 year ban.

It clearly states on the website that having a family member that is not allowed to enter Canada, can also make you inadmissable:

http://www.cic.gc.ca/english/infORmation/inadmissibility/index.asp

The fact that you werent upfront about that and didnt inform IrCC about that, is a real problem. You can have a look at how to overcome inadmissability here:

https://www.canadavisa.com/immigration-problem-criminal-inadmissibility.html

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

Personally, I wouldnt get my hopes up too much, as the most likely outcome is a refusal and possible ban for misrepresentation.

Wish you all the best!