Please help! Letter of procedural fairness what to do?

[Pachot]

This letter refers to your application for permanent residence under the Interim Pathway for Caregivers. In the course of reviewing your file, it appears that your application for permanent residence may have to be refused as you and/or your family member(s) do not appear to meet immigration requirements. In order to become a permanent resident under the Interim Pathway for Caregiver Class you and your family members must comply with requirements as specified in the Immigration and Refugee Protection Regulations for this class. It appears that your dependent spouse, may be in Canada without valid status, which would render him inadmissible, thus making you inadmissible as well.
You have the opportunity to make any submissions related to this matter. Should you wish to make submissions, you must do so within 30 days from the date of this letter. If you do not make a submission, a decision regarding your ability to comply with these requirements will be taken on the basis of the information on your file. This may result in your application being refused and no further consideration.....


What should we do? Will it fix the problem if my spouse go home to our country? Does leaving in canada without status make someone's application for PR not granted?

Thank you so much for your time. Hope to hear from you very soon

 

[scylla]

Hello please help. I received this letter just today.

This letter refers to your application for permanent residence under the Interim Pathway for Caregivers. In the course of reviewing your file, it appears that your application for permanent residence may have to be refused as you and/or your family member(s) do not appear to meet immigration requirements. In order to become a permanent resident under the Interim Pathway for Caregiver Class you and your family members must comply with requirements as specified in the Immigration and Refugee Protection Regulations for this class. It appears that your dependent spouse, may be in Canada without valid status, which would render him inadmissible, thus making you inadmissible as well.
You have the opportunity to make any submissions related to this matter. Should you wish to make submissions, you must do so within 30 days from the date of this letter. If you do not make a submission, a decision regarding your ability to comply with these requirements will be taken on the basis of the information on your file. This may result in your application being refused and no further consideration.....


What should we do? Will it fix the problem if my spouse go home to our country? Does leaving in canada without status make someone's application for PR not granted?

Thank you so much for your time. Hope to hear from you very soon

You should speak with an immigration lawyer.

If your spouse remains in Canada without status, your application will not be approved.

If your spouse leaves immediately (i.e. within the next week), you show proof of his departure and respond to the PFL letter by the 30 day time limit - I don't know if this gives you an opportunity to be approved.

What is your spouse's history in Canada? Why is your spouse out of status?

 

[Pachot]

You should speak with an immigration lawyer.

If your spouse remains in Canada without status, your application will not be approved.

If your spouse leaves immediately (i.e. within the next week), you show proof of his departure and respond to the PFL letter by the 30 day time limit - I don't know if this gives you an opportunity to be approved.

What is your spouse's history in Canada? Why is your spouse out of status?

My spouse was here for a visit and the extension was refused before. We thought he should stay here until the application is finalized but then we receive this today. Thank you for your reply

 

[scylla]

My spouse was here for a visit and the extension was refused before. We thought he should stay here until the application is finalized but then we receive this today. Thank you for your reply

Your spouse should have applied to restore their status and then should have left if the restoration was refused.

Talk to a lawyer. Your spouse cannot be out of status and in Canada for your application to move forward. Your spouse must be admissible.

Again, I cannot comment on whether this problem will be solved if your spouse leaves Canada immediately. Pay for a consult with a lawyer asap.

 

[Pachot]

Your spouse should have applied to restore their status and then should have left if the restoration was refused.

Talk to a lawyer. Your spouse cannot be out of status and in Canada for your application to move forward. Your spouse must be admissible.

Again, I cannot comment on whether this problem will be solved if your spouse leaves Canada immediately. Pay for a consult with a lawyer asap.

Ok thank you very much

 

[Pachot]

Your spouse should have applied to restore their status and then should have left if the restoration was refused.

Talk to a lawyer. Your spouse cannot be out of status and in Canada for your application to move forward. Your spouse must be admissible.

Again, I cannot comment on whether this problem will be solved if your spouse leaves Canada immediately. Pay for a consult with a lawyer asap.

Quick question, If we set aside how the officer views it, In your personal opinion like we use common sense or like how a normal applicant views it, going out of canada and go home is the solution right?

PS. I am not taking any of your opinions as official solution or valid solution, so do not worry just keep it coming I just want to know my options. Thank you so much. I am seeing a consultant this week

 

[scylla]

Quick question, If we set aside how the officer views it, In your personal opinion like we use common sense or like how a normal applicant views it, going out of canada and go home is the solution right?

PS. I am not taking any of your opinions as official solution or valid solution, so do not worry just keep it coming I just want to know my options. Thank you so much. I am seeing a consultant this week

I don't know.

You should see an immigration lawyer and not a consultant. This situation is too complex for a consultant. You need someone who understands immigration law. I would not trust a consultant to advise you correctly.

 

[Ponga]

PS. I am not taking any of your opinions as official solution or valid solution, so do not worry just keep it coming I just want to know my options. Thank you so much. I am seeing a consultant this week

Wow...pretty disrepectful IMHO. How were the `opinions' not a `valid solution'? You can't argue that your spouse is now Inadmissible, right?

 

[Pachot]

Wow...pretty disrepectful IMHO. How were the `opinions' not a `valid solution'? You can't argue that your spouse is now Inadmissible, right?

I think you misunderstood my comment. As I see everybody here doesnt want to mislead anyone so they give advices but they do not recommend that you follow their advices. So what I meant was everybody's advice on my case is acceptable, so keep on giving me those advices of yours. everybody is welcome do not worry I do not blame anyone for their advices to me. Hope you understand now, I was not disrespectful

 

[Pachot]

I don't know.

You should see an immigration lawyer and not a consultant. This situation is too complex for a consultant. You need someone who understands immigration law. I would not trust a consultant to advise you correctly.

Ok thank you so much for your advices

 

[Tamaupogi]

@Pachot Hello, any updates on your case?