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Procedural Fairness Letter and need help for answer

Jan 2, 2019
3
0
Dear All,

Today i got the Procedural Fairness Letter and need help for answer. I didn't understand what they are asking and how to praper and give proper answer. please need support and help.

Regards


This refers to your application for a temporary resident visa.
Your application and all of the documents you submitted in support of it have been reviewed and it appears that you may not meet the requirements for issuance of a temporary resident visa.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.
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.
Specifically, I have concerns that you have failed to disclose adverse immigration information from other countries such as visa refusals.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a temporary resident visa, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act
40(2) The following provisions govern subsection (1):
(a)the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and
40(3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
I would like to provide you with the opportunity to respond to this information. You will have 10 days from the date of this communication to submit additional information in this regard.
If you do not respond to this request within 10 days, your application will be assessed based on the information currently on file.
Sincerely, Embassy of Canada Visa Section
 

scylla

VIP Member
Jun 8, 2010
93,131
20,630
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Dear All,

Today i got the Procedural Fairness Letter and need help for answer. I didn't understand what they are asking and how to praper and give proper answer. please need support and help.

Regards


This refers to your application for a temporary resident visa.
Your application and all of the documents you submitted in support of it have been reviewed and it appears that you may not meet the requirements for issuance of a temporary resident visa.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.
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.
Specifically, I have concerns that you have failed to disclose adverse immigration information from other countries such as visa refusals.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a temporary resident visa, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act
40(2) The following provisions govern subsection (1):
(a)the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and
40(3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
I would like to provide you with the opportunity to respond to this information. You will have 10 days from the date of this communication to submit additional information in this regard.
If you do not respond to this request within 10 days, your application will be assessed based on the information currently on file.
Sincerely, Embassy of Canada Visa Section
The fairness letter states that you failed to declare visa refusals in your application to Canada. Is this accurate? Do you have previous visa refusals that you did not mention in your application?
 
Jan 2, 2019
3
0
thanks for reply.
no and this is my first time for Canada visit visa refusal but I was refused 3 years ago from USA but that is I didn't mentioned in form because after your post remember but mistakenly I missed.
 

scylla

VIP Member
Jun 8, 2010
93,131
20,630
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
thanks for reply.
no and this is my first time for Canada visit visa refusal but I was refused 3 years ago from USA but that is I didn't mentioned in form because after your post remember but mistakenly I missed.
In that case you need to respond to the fairness letter and let IRCC know that you forgot to mention the US refusal in your application. This is a very serious error. You should include details about when this happened, what kind of visa you applied for (tourist, work) and why you were refused the visa.

Since you failed to include this information in your application, you should expect that your application is going to be refused. There is also some small chance IRCC may make a misrepresentation finding and ban you for 5 years from Canada for providing false information in your application.
 
Jan 2, 2019
3
0
Thanks for reply.

I have forgotten to mention that, I do not how I forget it but it is my bad lucky I forgot this little mistake in my form. i was applied for USA visit visa B1/B2 only but without any reason they told me we are unable to give u US visa.


can u give me sample letter or write a answer letter for avoiding ban.
 

scylla

VIP Member
Jun 8, 2010
93,131
20,630
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Sorry - I don't have a sample letter. Hopefully someone else here will be able to help.
 

TrangVu

Full Member
Jan 18, 2019
42
3
Hi, did you get PR? I got a procedural fairness too and am going to write a letter to explain. If you wrote your letter can I have a look?
Thank you.
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,121
Hi, did you get PR? I got a procedural fairness too and am going to write a letter to explain. If you wrote your letter can I have a look?
Thank you.
Your case is quite different from the OP.

Were you able to prove that you and your husband live at the same address?

A Procedural Fairness Letter is a serious matter. It would have been different if your landing interview was rescheduled. You may want to seek the advice of an immigration lawyer. I suggest you do not prepare the reply to the PFL on your own
 
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TrangVu

Full Member
Jan 18, 2019
42
3
Your case is quite different from the OP.

Were you able to prove that you and your husband live at the same address?

A Procedural Fairness Letter is a serious matter. It would have been different if your landing interview was rescheduled. You may want to seek the advice of an immigration lawyer. I suggest you do not prepare the reply to the PFL on your own
Yeah, I have old basement lease contract, just updated my new ID. I can ask his aunties to write letter to witness as well. We also have a baby that is why we move back to his aunts house.
 

Bryanna

VIP Member
Sep 8, 2014
14,137
3,121
Yeah, I have old basement lease contract, just updated my new ID. I can ask his aunties to write letter to witness as well. We also have a baby that is why we move back to his aunts house.
I think you would need more evidence than these documents. You would need to prove that you are staying at his aunt's home.

In any case, I suggest you consult an immigration lawyer. It's not advisable to reply to the PFL as a DYI
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Yeah, I have old basement lease contract, just updated my new ID. I can ask his aunties to write letter to witness as well. We also have a baby that is why we move back to his aunts house.
None of that is proof. The lease is for the previous address, your updated ID doesn't show you continued to live together and anyone can write a letter saying anything.

A PFL means that IRCC is ready to refuse your app. As said above, seek legal advice.
 

DawEach

Star Member
Aug 19, 2018
87
30
Dear All,

Today i got the Procedural Fairness Letter and need help for answer. I didn't understand what they are asking and how to praper and give proper answer. please need support and help.

Regards


This refers to your application for a temporary resident visa.
Your application and all of the documents you submitted in support of it have been reviewed and it appears that you may not meet the requirements for issuance of a temporary resident visa.
Subsection 11(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the Immigration and Refugee Protection Regulations. The visa or document shall be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of the Act.
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.
Specifically, I have concerns that you have failed to disclose adverse immigration information from other countries such as visa refusals.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a temporary resident visa, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a):
40(1) A permanent resident or a foreign national is inadmissible for misrepresentation
(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act
40(2) The following provisions govern subsection (1):
(a)the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and
40(3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).
I would like to provide you with the opportunity to respond to this information. You will have 10 days from the date of this communication to submit additional information in this regard.
If you do not respond to this request within 10 days, your application will be assessed based on the information currently on file.
Sincerely, Embassy of Canada Visa Section
Hey i wanted to know if you answered No to the question of ever getting a visa refused or you did answer Yes and forgot to mention the refusal.
 

gurupatel

Member
Mar 29, 2019
16
0
i m apply TRV soon i m refuse in UK 2005 the refusal stamp in old passport now i have new passport may i mention the above details or not i do not want to mention in form so what can i do suggest me thank in advance they have my past refusal details
 

scylla

VIP Member
Jun 8, 2010
93,131
20,630
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
i m apply TRV soon i m refuse in UK 2005 the refusal stamp in old passport now i have new passport may i mention the above details or not i do not want to mention in form so what can i do suggest me thank in advance they have my past refusal details
It's mandatory that you mention all prior refusals. It doesn't matter if you have a new passport or not - IRCC can still find out about your previous refusals. If you fail to mention previous refusals - expect to be refused and banned from Canada for 5 years for misrepresentation.
 

demme343

Champion Member
Aug 17, 2012
1,388
191
i m apply TRV soon i m refuse in UK 2005 the refusal stamp in old passport now i have new passport may i mention the above details or not i do not want to mention in form so what can i do suggest me thank in advance they have my past refusal details
Always truth