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Procedural Fairess Letter received for Spouse open work permit and visitor for kid.

Joe84

Newbie
Feb 16, 2022
9
1
Wife received a procedural fairness letter. I am a student permit holder in canada and i got my visa back in august and after getting my visa in september wife and kids applied for owp and visitor before I travelled to canada. However in my application when we submitted that we said that they will not accompany me. This was the issue raised by IRCc that we did the medical together and while I said I will not accompany why did we applied when I was in my home country and asked to accompany the family. Actually what happened was due to the pandemic and issues we faced in our family as my father in law got a cancer and all children me and wife decided we ahould try to fly together. I did not think doing a medical upfront will cause me in a bad way of mis representing pls advise
 

canuck78

VIP Member
Jun 18, 2017
53,092
12,816
Wife received a procedural fairness letter. I am a student permit holder in canada and i got my visa back in august and after getting my visa in september wife and kids applied for owp and visitor before I travelled to canada. However in my application when we submitted that we said that they will not accompany me. This was the issue raised by IRCc that we did the medical together and while I said I will not accompany why did we applied when I was in my home country and asked to accompany the family. Actually what happened was due to the pandemic and issues we faced in our family as my father in law got a cancer and all children me and wife decided we ahould try to fly together. I did not think doing a medical upfront will cause me in a bad way of mis representing pls advise
Are your wife and children in Canada?
 

Joe84

Newbie
Feb 16, 2022
9
1
No they are in my home country I cane to canada as there was a huge delay for the dependents visas
 

Joe84

Newbie
Feb 16, 2022
9
1
Furthermore why we had to apply when I was in the home country was my daughter got really upset that I am leaving and that really affected her in bad way. So our case was unique
 

canuck78

VIP Member
Jun 18, 2017
53,092
12,816
No they are in my home country I cane to canada as there was a huge delay for the dependents visas
Never saw this before. Applications are just normally denied and families don’t receive a PFL. Unfortunately you only get a PFL right before refusal. You are essentially being given the option to try to convince the VO that there was a change in circumstances and that your family didn’t intend to accompany you. Even if you can convince the VO that this was not your original intention families of international students aren’t guaranteed visas/permits. What type of degree are you doing? How many children? What amount of funds have you shown because you must also show you can support your family even if you don’t find employment.
 

Yfyvrrft

Full Member
Feb 10, 2022
23
5
Wife received a procedural fairness letter. I am a student permit holder in canada and i got my visa back in august and after getting my visa in september wife and kids applied for owp and visitor before I travelled to canada. However in my application when we submitted that we said that they will not accompany me. This was the issue raised by IRCc that we did the medical together and while I said I will not accompany why did we applied when I was in my home country and asked to accompany the family. Actually what happened was due to the pandemic and issues we faced in our family as my father in law got a cancer and all children me and wife decided we ahould try to fly together. I did not think doing a medical upfront will cause me in a bad way of mis representing pls advise
Hire a lawyer and make them write the procedure fairness letter don’t take it lightly if they get refused plus with a 5 year ban you are screwed. Also don’t write it yourself individual who write them self mostly get rejected as it’s not strong enough l lawyer on the other hand knows the law. So stop wasting your time in this forum as no here is rcic registered or lawyer now do your work
 

scylla

VIP Member
Jun 8, 2010
93,418
20,758
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
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01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Wife received a procedural fairness letter. I am a student permit holder in canada and i got my visa back in august and after getting my visa in september wife and kids applied for owp and visitor before I travelled to canada. However in my application when we submitted that we said that they will not accompany me. This was the issue raised by IRCc that we did the medical together and while I said I will not accompany why did we applied when I was in my home country and asked to accompany the family. Actually what happened was due to the pandemic and issues we faced in our family as my father in law got a cancer and all children me and wife decided we ahould try to fly together. I did not think doing a medical upfront will cause me in a bad way of mis representing pls advise
This is a pretty problematic situation. The fact all of you took the medical together makes it pretty clear that you always intended to have them apply for a visa to travel with you and means you misrepresented this fact in your study permit application, obviously to increase the chances of approval.

I don't know how you explain this. If they had not done the medical in advance, it would be much ealier and you would simply explain that circumstances have changed due to the pandemic, etc. However you can't really use this argument. Because they did the medical along with you, it's clear you always planned to have them apply for a visa.

I would get a lawyer. This is messy and you've put yourself in a bad situation.