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Procedural Fairness Letters
Procedural Fairness Letters
A Procedural Fairness Letter (PFL) is a letter sent from Immigration, Refugee and Citizenship Canada (IRCC) to an applicant to give them an opportunity to provide an explanation or any additional information before a final decision is made on their case. A PFL is usually sent before an application is refused and the purpose is to give the applicant a fair chance to explain the questions or doubts the visa officer has about the application. WHY IS RESPONDING TO A PFL IMPORTANT?
Why is responding to a PFL important?
The important of providing an accurate and detailed response supported by facts and the correct documentation cannot be over-emphasized. You have received the PFL because the visa officer has concerns about your application. There is usually only one opportunity to respond to a PFL so you only have one chance to make a strong and persuasive argument so its important you utilize this chance as much as possible. Often, individuals do not understand the seriousness and ramifications of a PFL and submit a weak response that often doesn’t even provide the information the visa officer is seeking. Not only can not responding properly to PFL result in a visa rejection. if you received a PFL for misrepresentation you can be banned from Canada for a period of 5 years if you are found to have misrepresented.
Common reasons a PFL is issued include:
The visa officer has reason to believe the applicant has provided false information or documents in the application. For example if an applicant fails to disclose a previous visa refusal to another country such as the United States the result will be a finding of inadmissibility for misrepresentation and a ban of 5 years from Canada. Another common example of misrepresentation is failing to disclose facts about their criminal history on their application.
The visa officer is not convinced that a genuine or real relationship exists and may suspect that the relationship was entered into solely for the purpose of obtaining permanent residence status in Canada. This is known as a marriage of convenience.
The visa officer suspects or has evidence to believe that the applicant has committed or been convicted of a criminal offense in Canada or outside of Canada that would render them inadmissible to Canada meaning they would not be allowed to entry the country.
Applicants with a medical issue may be found medically inadmissible to Canada. This is common in family sponsorship cases especially those involving elderly family members.
Persons who have served in the military or in some government positions or who were members of certain organizations may be required to provide more information to IRCC about their roles and activities to determine if they are inadmissible to Canada for security reasons.
Visa officers can issue a PFL for a variety of reasons if they require more documentation or evidence about an area of an application.
How can a Regulated Canadian Immigration Consultant (RCIC) help?
- Examine the PFL and Refusal Letter:
An RCIC can help identify the main reason for the PFL and assist you in identifying what information and documents are required in order to respond fully to the PFL. A very common mistake individuals make when responding to a PFL is not actually providing the visa officer with the information he or she is requesting.
- Professional Representation:
Responding to a PFL has large and important ramifications as outlined above. It is important you retain professional representation so that someone with experience in responding to PFL’s can assist you in preparing the response and accompanying documents.
- Case Law:
An RCIC can research relevant case law that can provide valuable insights into how to respond to a PFL and if applicable site relevant case law in the PFL response letter.
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IF YOU HAVE BEEN REFUSED A PFL WE STRONGLY RECOMMEND YOU CONTACT US AS SOON AS POSSIBLE. IRCC HAS ISSUED THE PFL BECAUSE THEY HAVE CONCERNS ABOUT YOUR APPLICATION AND YOU USUALLY ONLY HAVE ONE OPPORTUNITY TO RESPOND BEFORE A REFUSAL. WE ARE EXPERIENCED IN ASSISTING CLIENTS WITH RESPONDING TO PFL LETTERS AND MAY BE ABLE TO HELP YOU TOO BEFORE ITS TOO LATE. PLEASE CONTACT US AND ONE OF OUR REGULATED CANADIAN IMMIGRATION CONSULTANTS WILL REVERT TO YOU WITHIN 48 HOURS.
