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[Rahim khan]

hello we received fairness procedural fairness letter how to response the letter.

 

[scylla]

hello we received fairness procedural fairness letter how to response the letter.


When you submitted your application for permanent residence on the basis of being a spouse of a Canadian Permanent Resident, you signed the application forms to agree that all of the information was truthful. However, I have concerns that you have not been truthful in your application.
With your application, you have submitted an Afghan marriage booklet which indicates that you and your sponsor married on 9/5/22. You have also submitted a death certificate for xxxx who you indicate was your first husband. However, the DNA testing between your sponsor and your children has demonstrated that he is the father of your children, not xxxx as indicated on your children’s birth certificates.
I therefore have concerns that the documentation and information you have submitted in support of your application does not reflect the true situation. I have concerns that you and your sponsor married before the birth of your first child, xxxxx and that you were never married to a man called xxxx who was not the father of your children. I have concerns that the marriage booklet you submitted for a marriage on 9/5/22 is not correct.
I also have concerns that, if your sponsor had declared he was married with 2 children when he became a permanent resident of Canada on xxxx as the dependent child of a member of the Refugee Class, he would not have been eligible to land as a dependent child on the basis of his marriage. I have concerns that you have not been truthful about your date of marriage to your sponsor or that he is the father of your children, because you knew he obtained permanent residence on the basis of information that was not truthful.
Also, your sponsor should have declared you and your children when he became a Permanent Resident of Canada, because he was in a long-term relationship with you at that time and he was the father of your children at that time. However, he did not declare you and your children and therefore it appears you are excluded from the Family Class as you were not declared and examined at that time. You do not qualify for inclusion in the temporary public policy to exempt you from the requirements of R117(9)(d) as your sponsor would not have been eligible as a dependent child if he were married to you. Please explain why your sponsor did not declare you when he became a Permanent Resident of Canada.
I also have concerns regarding the validity of your marriage, given your indicated date of marriage does not appear to be correct. As a result, it appears you may not be a member of the family class. Therefore your application for permanent residence may be refused. Please submit a copy of your Afghan marriage booklet for the actual date of your marriage.
Please also provide a truthful explanation of the development of your relationship with your sponsor, the date of your marriage to him, and why you were not truthful about the date of your marriage, the development of your relationship with your sponsor and why you provided birth certificates for your children which indicated their father was xxxx when their father is, according to the results of the DNA tests, your sponsor.
Please note, if you do not respond to this letter, a decision will be made on your application based on the documents and information on file, and this decision may be a refusal.
Please use this opportunity to address my concerns and indicate any further information you would like to be considered in respect of your application.
Please upload these documents to your online account if applicable, or submit via

As said previously, you need to hire an immigration lawyer. This situation is far to complex for an internet forum. You need legal help and have a big problem on your hands.

 

[Naturgrl]

thanks for your replay can you advise a good immigration lawyer to has experience in this kind of letters.

The moderators of the forum are Cohen Immigration. Click on the link at the top of the page.

 

[charliem]

The moderators of the forum are Cohen Immigration. Click on the link at the top of the page.

Is that even something retaining a lawyer can help remedy? It appears too complex to untangle.

 

[scylla]

Is that even something retaining a lawyer can help remedy? It appears too complex to untangle.

There's been major misrepresentation and fraud according to IRCC. If this is in fact what has happened, it's going to be very difficult to fix or save. The OPs own PR status is at jeopardy since it appears it was obtained through a major misrepresentation. Regardless, I wouldn't be responding to the PFL without a lawyer. It's a very bad situation. OP is probably SOL.

 

[Copingwithlife]

hello we received fairness procedural fairness letter how to response the letter.


When you submitted your application for permanent residence on the basis of being a spouse of a Canadian Permanent Resident, you signed the application forms to agree that all of the information was truthful. However, I have concerns that you have not been truthful in your application.
With your application, you have submitted an Afghan marriage booklet which indicates that you and your sponsor married on 9/5/22. You have also submitted a death certificate for xxxx who you indicate was your first husband. However, the DNA testing between your sponsor and your children has demonstrated that he is the father of your children, not xxxx as indicated on your children’s birth certificates.
I therefore have concerns that the documentation and information you have submitted in support of your application does not reflect the true situation. I have concerns that you and your sponsor married before the birth of your first child, xxxxx and that you were never married to a man called xxxx who was not the father of your children. I have concerns that the marriage booklet you submitted for a marriage on 9/5/22 is not correct.
I also have concerns that, if your sponsor had declared he was married with 2 children when he became a permanent resident of Canada on xxxx as the dependent child of a member of the Refugee Class, he would not have been eligible to land as a dependent child on the basis of his marriage. I have concerns that you have not been truthful about your date of marriage to your sponsor or that he is the father of your children, because you knew he obtained permanent residence on the basis of information that was not truthful.
Also, your sponsor should have declared you and your children when he became a Permanent Resident of Canada, because he was in a long-term relationship with you at that time and he was the father of your children at that time. However, he did not declare you and your children and therefore it appears you are excluded from the Family Class as you were not declared and examined at that time. You do not qualify for inclusion in the temporary public policy to exempt you from the requirements of R117(9)(d) as your sponsor would not have been eligible as a dependent child if he were married to you. Please explain why your sponsor did not declare you when he became a Permanent Resident of Canada.
I also have concerns regarding the validity of your marriage, given your indicated date of marriage does not appear to be correct. As a result, it appears you may not be a member of the family class. Therefore your application for permanent residence may be refused. Please submit a copy of your Afghan marriage booklet for the actual date of your marriage.
Please also provide a truthful explanation of the development of your relationship with your sponsor, the date of your marriage to him, and why you were not truthful about the date of your marriage, the development of your relationship with your sponsor and why you provided birth certificates for your children which indicated their father was xxxx when their father is, according to the results of the DNA tests, your sponsor.
Please note, if you do not respond to this letter, a decision will be made on your application based on the documents and information on file, and this decision may be a refusal.
Please use this opportunity to address my concerns and indicate any further information you would like to be considered in respect of your application.
Please upload these documents to your online account if applicable, or submit via

I think you had an idea the jig was up when they requested the DNA sample

https://www.canadavisa.com/canada-immigration-discussion-board/threads/dna-request.775965/

“So what’s your advice if I not interested to go under DNA test they are refusing our application or no ?”

 

[YVR123]

If OP is a PR obtained through refugee, wonder if committing misrepresentation will impact his citizenship application.
He had a wife and 3 kids back in 2020. I wonder if this is the same wife or a different one that he got married in 2022.
And the letter indicted he was a dependent of a refugee. This is all very confusing and more complicated than a forum can help.
I rarely see DNA test being requested. I guess IRCC got the right idea to suspect this misreprentation.

Lawyer up and good luck.

Thanks for your reply . I put all information correct and I have 4 dependents overseas in my application they are not in Canada my wife and 3 kids with me 5 . In sub categories what should I select ? And when I write my application number which start with G number it’s always shows error. did you write your application number or you UCI number ?

 

[Copingwithlife]

If OP is a PR obtained through refugee, wonder if committing misrepresentation will impact his citizenship application.
He had a wife and 3 kids back in 2020. I wonder if this is the same wife or a different one that he got married in 2022.
And the letter indicted he was a dependent of a refugee. This is all very confusing and more complicated than a forum can help.
I rarely see DNA test being requested. I guess IRCC got the right idea to suspect this misreprentation.

Lawyer up and good luck.

Possibly could have been the documents he sent in for his family . Guess the VO has looked at enough documents processing cases , something caught their eye , or made them go “ hmmm”, and requested the DNA test . Their hunch was right .
Part detective, part VO

 

[screech339]

There's been major misrepresentation and fraud according to IRCC. If this is in fact what has happened, it's going to be very difficult to fix or save. The OPs own PR status is at jeopardy since it appears it was obtained through a major misrepresentation. Regardless, I wouldn't be responding to the PFL without a lawyer. It's a very bad situation. OP is probably SOL.

Not only the OP's PR status is in jeopardy, the OP's family (parents and siblings) PR status may also be in jeopardy as they applied for refugee status knowingly that the OP was no longer qualified as a dependent at the time of application and they still went ahead.