Procedural Fairness Letter

[xycan]

Guys, I am in a big trouble, do need your kind suggestions:

I and my wife had temporary visa refusal records to Canada and USA. I applied PNP program. In the PNP program, IMM5669 form is required and mandatory. I have stated that we have visa refusal records. Our PNP was approved, that's why we can apply EE here. I guess I was quite careless that after ITA, there was question check box to ask if we have any prior visa refusal history. I can not recall it, but it seems that I wrongly ticked 'No'.

Today, I have received a Procedural Fairness Letter (PFL) from LVO, the letter states that:
Specifically, I have concerns that you misrepresented your and your spouse’s past visa application history. In the application form, both you and your spouse responded No to the questions which asks, have you, or, if you are the principal applicant, any of your family members listed in your application for permanent residence in Canada, ever:
Been refused refugee status, an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial Nominee Program) or visitor or temporary resident visa, to Canada or any other country?

Furthermore, you and your spouse have not declared all of your activities, both educational and work related, since the age of 18.
Please submit a separate and newly completed Schedule A Background Declaration form (IMM 5669) bearing an original signature. You must declare your personal history and addresses from the age of 18 (not only the past 10 years). Do not leave any gaps.

This is defnitely not a misrepresentation, I swear it was caused by my negligence because I was distracted by babysitting my daughters when filling and submitting the form.

What should I do, please help. Any suggestion would be highly recommended.

BTW, today my status entered IP2. But not a smooth way.

 

[hodari]

They have given you a chance to fix your situation. You're lucky. Do as they request and upload the Schedule A form and be extra careful.

 

[xycan]

They have given you a chance to fix your situation. You're lucky. Do as they request and upload the Schedule A form and be extra careful.

Thank you so much, will be really careful on this.

 

[DEEPCUR]

In addition to schedule A, I think they are still expecting you to provide an explanation on why answered no for that question. Just write an explanation saying that it was an oversight and you didn't intend it to be that way and also highlight that you had declared it in PNP, and somehow forgot for EE.

 

[xycan]

In addition to schedule A, I think they are still expecting you to provide an explanation on why answered no for that question. Just write an explanation saying that it was an oversight and you didn't intend it to be that way and also highlight that you had declared it in PNP, and somehow forgot for EE.

Many thanks man, you are so helpful!

 

[canuck_in_uk]

Many thanks man, you are so helpful!

Definitely show that you declared this in your PNP app by submitting the PNP form.

I swear it was caused by my negligence because I was distracted by babysitting my daughters when filling and submitting the form.

When it's your own kids, it's called parenting, not babysitting .

 

[xycan]

Definitely show that you declared this in your PNP app by submitting the PNP form.



When it's your own kids, it's called parenting, not babysitting .

Thanks a lot for this important correction. I am still learning English. You are soooo helpful.

 

[fmk8890]

When it's your own kids, it's called parenting, not babysitting .

Yes thank you!

 

[xycan]

Definitely show that you declared this in your PNP app by submitting the PNP form.



When it's your own kids, it's called parenting, not babysitting .

Thank you again, I'm still so nervous. I heard this PFL is one sign for refusal. Do you have any suggestions on the letter, such as attitude or details?

 

[canuck_in_uk]

Thank you again, I'm still so nervous. I heard this PFL is one sign for refusal. Do you have any suggestions on the letter, such as attitude or details?

A PFL means that they are ready to refuse your app and you have one last chance to change their mind. Take full responsibility for the error and apologize.

 

[xycan]

Definitely show that you declared this in your PNP app by submitting the PNP form.



When it's your own kids, it's called parenting, not babysitting .

Even though this is a clear mistake to me, and I have evidence to show (I even retrieved the previously submitted IMM5669 form in my PNP account), but I really worry that they don't care. I am so sorry I was so careless when submitting the form.

 

[xycan]

A PFL means that they are ready to refuse your app and you have one last chance to change their mind. Take full responsibility for the error and apologize.

Thank you, I will take the full responsibility for the error as you have suggested, and we apologize deeply. Thank you again.

 

[xycan]

Definitely show that you declared this in your PNP app by submitting the PNP form.



When it's your own kids, it's called parenting, not babysitting .

Hi friends, I know I am a bit desperate to post so many information of ours here, but we are really innocent in this case and as most of you guys here, we have spent tremendous amount of time, money and energy. So, please help me by giving your suggestions on my explanation. Any helps will be highly appreciated. thank all you guys so much before I post this important web form to LVO.

My explanation letter's major text content are as below, thank you again:

----------------------
Dear Officer,

I am deeply sorry for making the mistake on answering the question of our past visa application history. The correct answers to this question to both my spouse and me should be ‘Yes’. When I was filling the application, it is very likely that I did not read all the questions carefully, and mistakenly ticked ‘No’ to this question, without proper proof-reading and review until the final submission of our application. We are shocked to learn this information and so much upset for this mistake caused by my carelessness and fully understand your concern of misrepresentation on our application. Please do accept my apology.

We will never intend to misrepresent our information to any immigration authority. As you may find, we were nominated by Saskatchewan Immigrant Nominee Program (SINP) in order to apply for permanent residency. The IMM5669 form is a mandatory document to the Saskatchewan immigration office for applying the SINP program. In April 2018, my spouse and I answered correctly (Yes) to the question 6 d) on refusal history and stated the refusal reasons. Please refer to the following screen-shots (Fig. 1 to Fig. 4) for this part of IMM 5669 forms we submitted to SINP. In order to maintain integrity and honesty, in that form, I had included my last refusal record up to date even I was notified of the refusal decision in just three days.

..............Fig.1 to Fig.4 show here...........


All our submitted SINP application documents have been archived and only retrievable in SINP online portal on:

https://*******

my user ID: ******** .

I would be happy to provide further assistances on obtaining and validating this information should you require. I also attach our previously signed IMM5669 forms (signed on April 9, 2018 for SINP application) for your review. We have not applied for any visa or residency permit / document for any country since the date of signature (April 9, 2018) of that form. I also include the annotated (with red rectangular boxes) screen-shots of the web page contents (Fig. 5 to Fig. 8) from my SINP portal account regarding IMM5669 forms for your information as below.

..............Fig.5 to Fig. 8 show here...........

I fully understand that we must fulfill requirements stipulated in the Immigration and Refugee Protection Act. We have been trying to avoid providing any incorrect information in the application. After submitting our permanent residency application, we realized that we had been in a hasty manner when filling and submitting the profile and application forms without proper reviews and verifications, given during that time, my wife and I had been struggling on balancing between our full-time jobs and parenting / taking care of our very young daughters, with fairly limited babysitting assistances from others. Therefore, we reviewed the online information and our submitted documents many times whenever we can after the submission of our Canada permanent residency application, and we hence did find some mistakes and oversights and immediately responded to the concerned offices through IRCC web form. These mistakes include my spouse’s wrong IELTS report form number, reversed order of my family name and first name, and even one minor typo of my address. However, within my knowledge, from my CIC Express Entry account, answers to ‘Past visa application and refusal history’ and some other questions are not viewable or downloadable from our end once the application is submitted. Please be assured that I would definitely report to IRCC right away if this wrong entry information in my application could be identified.

After receiving your letter, I recalled that this past visa refusal question in the online permanent residency application form may be amongst several others, with terms such as ‘crime conviction’, ‘detention’ and ‘war involvement’ which are not applicable to us. We regret deeply for not being careful enough before submitting our permanent residency application.

As per your request, we have completed a new Schedule A Background Declaration form (IMM 5669), therein personal history / activities and addresses from the age of 18 are declared. On question 6 d) of this form, our visa refusal records are listed and refusal reasons are stated. Please refer to the attached new IMM 5669 form (signed on date March 10, 2019).

Thank you again for the opportunity you gave us and we are really sorry for the extra workload incurred to you and other related officers on processing my case. I sincerely solicit your consideration on removing the tag of ‘misrepresentation concern’ from our case. Please contact me at any time if you need more information.

Yours sincerely,

 

[Mano Ahmed]

Hey Guys, I am new here!! Ill just update my Application status here, and will keep updating regularly!

-Application received by CIC on 12th April 2018

-Sponser Approves on 31st May 2018

-Medical requested 1st June 2018

-Application transferred to LVO on 5th July 2018

-LVO started processing application on 13th July 2018

-Received Pre-Arrival Service Email on 8th Feb 2019.

-Status change on ECAS from ‘In Process’ to ‘Decision Made’ on about 22nd Feb 2019.

I have applied through a consultancy so I do not have access to any thing other than ECAS. I noticed the status change while my regular CIC online sevices check, and there has been no email sent to the consultancy about it yet. Even in the notes theres no mention of Decision Made yet, the last thing in the notes was about medicals being recieved . However it is the first time I saw the status change from In Process to DM!

I managed to get my brother in law call CIC hotline from Canada to hear what the automated answering machine would say against my application number and this is what he heard :

- The application status: Reviewing background check.

- Application was received April 12th 2018

- Do not need additional documents.

- Passed medical exam.

- Do not need fingerprints.

- Will contact once processing is complete.

So this is what the CIC hotline says that they are reviewing background check but ECAS shows Decision Made.... anyone knows whats going on?


I an Worried About my background check since i forgot to mention schengen visa refusals
A years back, i dont know if i have enough time to send an email explining my mistake before i am told i misrepresented on my application. However I have been granted Canadian TRV after my schengen refusal and i forgot to mention visa refusals on TRV application too! I also have visited Canada twice since!

Any advice?

 

[xycan]

Hi seniors, please help. thank you.