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Procedural Fairness Letter and need help for answer

ZAJAMIL

Hero Member
Jan 5, 2015
253
33
Bangladesh
Category........
PNP
Visa Office......
singapore
NOC Code......
1225
App. Filed.......
june 20 ,2016
Doc's Request.
no
Nomination.....
nominated january 20 , 2017
AOR Received.
March 31 , 2017
IELTS Request
send with application
File Transfer...
May 09 , 2017
Med's Request
no
Med's Done....
no
Interview........
yes
Passport Req..
no
VISA ISSUED...
no
LANDED..........
no
I send my explanation with document against resonding of PF Letter . after one month deadline complete next day i saw profile update but no email send me for new update. i observe my gckey and found only changes in BACKGROUND check which was earlier in progress but after now not applicable.
What thats mean? visa office stop working on my file and aslo stop BG CHECK. (NO MR yet)
Anyone tell me what happening with my file. is it going to refusal.
 

afsheen khan

Star Member
Feb 1, 2019
53
1
I send my explanation with document against resonding of PF Letter . after one month deadline complete next day i saw profile update but no email send me for new update. i observe my gckey and found only changes in BACKGROUND check which was earlier in progress but after now not applicable.
What thats mean? visa office stop working on my file and aslo stop BG CHECK. (NO MR yet)
Anyone tell me what happening with my file. is it going to refusal.
Hi dear
Did you get visa yet.
May I see your procedural fairness letter coz I got one as well
 

afsheen khan

Star Member
Feb 1, 2019
53
1
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
Hello dear
Any updates
 

TrangVu

Full Member
Jan 18, 2019
42
3
Hi dear
Did you get visa yet.
May I see your procedural fairness letter coz I got one as well
I didn’t get my pr yet. I replied them then I think a month later they transferred my case to the main office which is in Etobicoke. Still waiting. I couldn’t post my letter here due to the technology problem but it’s about cohabitation
 

afsheen khan

Star Member
Feb 1, 2019
53
1
I didn’t get my pr yet. I replied them then I think a month later they transferred my case to the main office which is in Etobicoke. Still waiting. I couldn’t post my letter here due to the technology problem but it’s about cohabitation
Hey dear
May I see your explanation letter
How did you write back to them. Did anyone professional lawyer help you or did it your self plz update me
Thank you
 

TrangVu

Full Member
Jan 18, 2019
42
3
Hey dear
May I see your explanation letter
How did you write back to them. Did anyone professional lawyer help you or did it your self plz update me
Thank you
This is my case.
I applied for spouse sponsorship Feb 2018. About my case, everything was fine until I got landing interview. The VO asked us to provide ID and our ID address weren’t same. We also couldn’t provide any paper to prove we are living together at that time as I didn’t prepare good enough (We were living in Toronto then moved back to my husband’s aunties house cause we have baby)

Here is the letter:


“This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.

Having reviewed your application, I have concerns that you may not meet the requirements for immigration to Canada.

Based on the limited evidence that you have provided, I am not satisfied that you and your sponsor have been cohabiting in dq the same residence since the filing of your application.

Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common- law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

Subsection 124(a) of the Immigration and Refugee Protection Regulations states, a foreign national is a member of the spouse or common-law partner in Canada class if they are the spouse or common- law partner of a sponsor and cohabit with that sponsor in Canada.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.

Subsection 16(1) of the Act states that 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 reasonably requires.

The onus is on you to satisfy me that you are a member of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents which you consider might respond to this concern within thirty (30) days from the date of this letter.”


My reply:

* To proved we were living in Toronto together until we have baby *

- House lease: have both name on it, from May 2017 (before we applied for PR) to December 2018 (after my baby was born)

- Letter from house insurance company included both name on it

  • Pictures of me and him and my baby was born at home
  • My baby’s birth certificate (including parents names, our at address in Toronto and his aunts’ address cause we already planned to move)
  • Picture of his aunt visited us and baby
  • Our bank statement
  • My ID with address in Toronto
*To prove we are living in his aunts house*

  • My ID with updated address (Feb 2019)
  • My husband’s driver license
  • My online orders (Feb 2019)
  • His bank mails
  • His aunts letters confirm that we lived in Toronto and just moved back
  • Pictures with baby in his aunts house
  • Some daily pictures
  • Pictures with his friends in my birthday
  • My explanation letter
My name is XXX My date of birth is XXX. I would like to explain about my situation why my husband XXX keeps his old address 1828 XXX on his ID and why our ID address were different in the landing interview.

First of all, I am a foreigner. When I register my ID (Photo card) or other government issued ID’s was when my husband and I already dating and living together. Therefore I registered the address 51 TORONTO.

Secondly, my husband is Native American, all his life he was living with his Aunts at 1828 XXX (Indian Reverse Area) so he registered this address for all his ID’s. After we got married and were living together as we rented a basement at 51 Toronto. Because we could not afford to buy a house yet, and another reason, he was afraid that too many people have the same mailing address at this place so all the important documents he still mails back to his mailing address at 1828 XXX. Every month we went back to his aunts’ house two to three times to visit her and collected his mails from there.

Furthermore, in March 2018 I found out that I was pregnant. Since it is our first child, all of us (including my family and my husband’s family) were very excited, so his Aunt invited us to move in and live with her and she can help us taking care of the baby. Also Toronto is too expensive for the living cost, that is why my husband and I decided to move back to his aunt’s place and living with her on December 7th, 2018. My husband therefore no need to change his address to update the current record with our application.

After having the baby my memory and mood change rapidly. I was easily upset and felt anxiety, lacked of sleep, memory reduced rapidly, so I totally did not remember to change my address on all my ID’s. That’s the reason why in the landing interview, the address on my ID’s and my husband’s did not matched.

I attach along with this letter proof of record that we always live together since the first date we decided to spend the rest of our lives together, and now since our new baby arrived, it is more reason for us to be together and raise our child in this wonderful country together. I truly hope you can granted my permanent resident approval so our family can be together and of course I truly believe that nothing is more important for all of us than the best interest of the child (and of course be with his mother and father).

Here is the contact information if you wish to contact my previous landlord to get to know more about us. He can prove if my husband and I were living together at this address of : 51 Toronto. His name is ... his contact No ...

Thank you so much for your understanding.

I just sent more proof: pictures, notice of assessment, bank statement (show the area I shopped), child benefit which all included our address.
 

ikaypee

Newbie
Jun 21, 2019
5
0
Hey did you get any response yet ? I am having a same letter and I submitted 1 week ago ? do you have any idea how long does it ? and what is the chances of getting visa?
 

scylla

VIP Member
Jun 8, 2010
92,928
20,540
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
Hey did you get any response yet ? I am having a same letter and I submitted 1 week ago ? do you have any idea how long does it ? and what is the chances of getting visa?
The chances of the visa being approved are very low. What you are hoping to avoid is a 5 year misrepresentation ban.
 

Asamee

Member
Apr 4, 2017
15
1
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 did you get any reply from CIC after submitting your reply to cic regarding your PFL. I am in a same situation
 

JcKobe

Full Member
Aug 8, 2019
44
3
Winnpeg
Sorry to hijack your thread. I was planning to apply for supervise for my father. He had a visa refusal 20 something years ago and he cant remember exactly why he got denied. Should we still include that to the application? I know that we need to be honest and tell the truth all the time but Im just wondering in my dads case being refused 20 years ago would still that matter? Thank you
 

Buletruck

VIP Member
May 18, 2015
6,687
2,531
Include it and let them know the date isn’t accurate and you can’t remember exactly when it was. 20 years ago it shouldn't have much effect, but if you don’t include it and they have history, that could be misrepresentation. The question is usually “have you ever been refused....”
Misrepresentation is always a bigger deal than previous refusals.
 

JcKobe

Full Member
Aug 8, 2019
44
3
Winnpeg
Include it and let them know the date isn’t accurate and you can’t remember exactly when it was. 20 years ago it shouldn't have much effect, but if you don’t include it and they have history, that could be misrepresentation. The question is usually “have you ever been refused....”
Misrepresentation is always a bigger deal than previous refusals.
Thanks Buletruck for the clarification. We will definitely mention it in our application.
 
Oct 22, 2019
6
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
Please reply me i need help
I received this letter but i answered all the questions truthfully and i have not applied for any country before this, this is my first visa application and all my documents are correct and legal
I want to know that what to do now
I replied with a handwritten application and all my documents attached again with it. Will it work ?
 

Jets13

Hero Member
Dec 12, 2016
783
177
Please reply me i need help
I received this letter but i answered all the questions truthfully and i have not applied for any country before this, this is my first visa application and all my documents are correct and legal
I want to know that what to do now
I replied with a handwritten application and all my documents attached again with it. Will it work ?
did you use an agent? maybe they added something false.