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Got Procedural Fairness Letter! HELP PLEASE!!

B

Bunny Thapar

Hero Member
Jun 27, 2017
292
353
Visa Office......
Montreal
@next444

All the best dear.

I am in the same boat as yours but for a different reason.

Even I got a Procedure Fairness Letter on 13th December, 2019 regarding my job duties for NOC for which I claimed points which they feel I contradicted during Open Work Permit interview where I was given a affidavit on which I just wrote additional/exploitation duties as I understood interview was about vulnerability.

CIC had given me 7 days to allay their concerns to which I took a legal help from a lawyer adding supporting documents (Reference letter from the employer which shows I did do the main duties), letter of explanation explaining why I just mentioned the additional duties and not the original one and have submitted the same on 17th December, 2019 via MY CIC account.

Now lets see when they come up with the decision.

BTW what is the date you got the letter and by when was it due?

I wish the best for you and myself too.

Merry Christmas!
 
hasithaviduranga

hasithaviduranga

Star Member
Jun 27, 2019
169
45
35
Edmonton Alberta
Category........
FSW
NOC Code......
1111
App. Filed.......
11-02-2019
AOR Received.
11-04-2019
Med's Request
22-05-2019
Med's Done....
31-05-2019
next444 said:
Hello folks,

I’m EE CEC INLAND with non-accompanying spouse. As my CRS score was not high enough to get ITA if I applied with my common law partner. I still claimed him because we had lived together longer than a year. Today I got PFL question about why he’s not accompanying as we’re living together in Canada. He has a study permit and will be applying PGWP when he graduate. Please advise!!

Here’s the letter:
This refers to your application for permanent residence in Canada. I am writing you this letter to express my serious concerns regarding your application.
You have provided a Statutory Declaration of common-law union with XXX since January 1, 2017, but you are claiming your spouse as non-accompanying on your application.
To help alleviate my concerns, please provide a detailed explanation as to why your spouse is non- accompanying while you remain living together in Canada.
Therefore I am asking you to submit any additional information/documentation that would allay my concerns. Submissions line available to upload your response. You have 7 days from the date of this letter to submit the additional information using your MyCIC account.
If you choose not to respond with additional information, or if your submission does not allay these concerns, your application may be refused.
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I''m a silent observer in this thread and have gone through all the replies so far. My honest opinion is you should really seek legal and professional help in this. However, keep us posted in your outcome. Good luck!
 
B

Bunny Thapar

Hero Member
Jun 27, 2017
292
353
Visa Office......
Montreal
next444 said:
You have a very good point. What is your advice? I genuinely can not think of any other good reason other than the real reason which is not enough points.
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I aint expert but would advise you to seek legal help!

All the best!
 
N

navinball

VIP Member
Feb 26, 2018
3,663
1,642
spouse non accompanying for points is not a valid reason even if you were upfront because it would not be 'spouse non accompanying'. you need to provide proof he is returning back or be denied.
 
N

next444

Star Member
Aug 12, 2018
75
53
Bunny Thapar said:
@next444

All the best dear.

I am in the same boat as yours but for a different reason.

Even I got a Procedure Fairness Letter on 13th December, 2019 regarding my job duties for NOC for which I claimed points which they feel I contradicted during Open Work Permit interview where I was given a affidavit on which I just wrote additional/exploitation duties as I understood interview was about vulnerability.

CIC had given me 7 days to allay their concerns to which I took a legal help from a lawyer adding supporting documents (Reference letter from the employer which shows I did do the main duties), letter of explanation explaining why I just mentioned the additional duties and not the original one and have submitted the same on 17th December, 2019 via MY CIC account.

Now lets see when they come up with the decision.

BTW what is the date you got the letter and by when was it due?

I wish the best for you and myself too.

Merry Christmas!
Click to expand...
Hello, thank you for the reply. I had consulted to a couple professionals and turned out most of them advised me to stay with what I stated in the first place: not enough points to get invited with spouse accompanying and intend to sponsor him at a later date.

I got PFL on Dec 19th VO gave me 7 days and submitted my letter of explanation today.

Wish us luck!
 
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next444

Star Member
Aug 12, 2018
75
53
Fantastica said:
Nice write up but you may want to explain in details how his scores affects your crs... Like he took Ielts and only secured xx/20 points and **he has not completed his studies so he contributes 0/10 points for Education(This is if he has no post secondary credential**.
If he has a post secondary education, explain how much points you get from his Education like x/10 points.
Stating that by adding him to your PR application, you will only get xxxx points which is below the minimum scores for the round you got invited. On the other hand, applying for PR status alone, your score is xxx which qualifies you for an ITA for the Draw.

Since I would not qualify for an ITA due to low scores if I add him to my application, We both agreed that I proceed alone and get my PR status while he remains on his valid TRV as I intend to sponsor his PR application later.
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I just want to thank you for your advice. I consulted a lawyer yesterday and he helped writing the letter of explanation, its basically what you've said here. I submitted my letter today and how fingers crossed!
 
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canuck_in_uk

canuck_in_uk

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May 4, 2012
31,558
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London
App. Filed.......
06/12
navinball said:
spouse non accompanying for points is not a valid reason even if you were upfront because it would not be 'spouse non accompanying'. you need to provide proof he is returning back or be denied.
Click to expand...
It is a valid reason and has been accepted in many cases where people were completely upfront with that reason.
 
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canuck_in_uk

canuck_in_uk

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May 4, 2012
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06/12
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next444

Star Member
Aug 12, 2018
75
53
canuck_in_uk said:
And as I said, many cases have done just this and been perfectly fine. OP will likely be approved after responding to the PFL. There are several recent threads on this topic.
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Can you give me any links please? I could use some positive experience now.. been super worried. Actually it made me physically sick for the last few days. Much appreciated!
 
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B

Bunny Thapar

Hero Member
Jun 27, 2017
292
353
Visa Office......
Montreal
next444 said:
Hello, thank you for the reply. I had consulted to a couple professionals and turned out most of them advised me to stay with what I stated in the first place: not enough points to get invited with spouse accompanying and intend to sponsor him at a later date.

I got PFL on Dec 19th VO gave me 7 days and submitted my letter of explanation today.

Wish us luck!
Click to expand...
I am sure everything will be fine.

Best wishes for you.

Please pray for me too.

AOR : 1st Feb, 2019
Category : CEC Inland
 
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