Procedural Fairness letter - HELP!!

[romanchelsea]

Hi there! I NEED some help and direction....

My dealership that I work at would like to hire my friend from Mexico. The LMIA was approved and we submitted for his work visa. Did biometrics.
On August 20, 2019, we received a Procedural Fairness Letter back asking for and English test (CELPIP or IETLS) that has to be submitted in 10 days!!!!! WOW!!!!!
His English isn't that great yet and I know he will not pass. I have never heard of this as his twin brother used to work in the same position ( but is now deceased) and after 8 yrs on a work permit was never asked to complete an exam.
I don't know what my next step is...….I have read that this is like a nail in the coffin...…..and also that an immigration lawyer can help do up a letter to submit.
Has ANYONE ever dealt with this. I have looked into a couple immigration lawyers and the fees are quite high.
Need advice on what direction to take next. He is a very good worker and person, and has NEVER been in trouble!

 

[Buletruck]

So did your friend submit falsified records or information for his application?
Essentially, IRCC has done there checks, confirmed your friend has probably falsified something and is given him the chance to clarify what they have discovered. It is “The Nail in the Coffin” for all intents and purposes. IRCC doesn’t issue a PFL without the backup they need to prove their position. Unless you can clarify or prove otherwise, your friend will likely be banned for 5 years. His work ethic and personality are irrelevant.

 

[romanchelsea]

So did your friend submit falsified records or information for his application?
Essentially, IRCC has done there checks, confirmed your friend has probably falsified something and is given him the chance to clarify what they have discovered. It is “The Nail in the Coffin” for all intents and purposes. IRCC doesn’t issue a PFL without the backup they need to prove their position. Unless you can clarify or prove otherwise, your friend will likely be banned for 5 years. His work ethic and personality are irrelevant.

Thanks so much for the reply!!
That is the frustrating thing....Nothing is falsified at all! Especially to do with his schooling and his employment records......all is LEGIT!
I just don't understand why they are asking for a English exam right away?
He is coming alone and has a job offer....the LMIA was submitted through our dealership. We had n immigration specialist do up all paperwork and the owners had to sign off on everything. This is why I am not understanding why they are making it difficult =(
I am so frustrated......I do not know what to do......there is NO way he can prep for the exam in less than 10 days! HELP!

 

[scylla]

Thanks so much for the reply!!
That is the frustrating thing....Nothing is falsified at all! Especially to do with his schooling and his employment records......all is LEGIT!
I just don't understand why they are asking for a English exam right away?
He is coming alone and has a job offer....the LMIA was submitted through our dealership. We had n immigration specialist do up all paperwork and the owners had to sign off on everything. This is why I am not understanding why they are making it difficult =(
I am so frustrated......I do not know what to do......there is NO way he can prep for the exam in less than 10 days! HELP!

If his English isn't that great and he wouldn't pass an English language test - then it's actually not legit and something has been greatly misrepresented in the application (either the LMIA or work permit or both)

As part of the LMIA process, the employer had to state that this individual was suitable for a job - and part of this was being able to effectively communicate in one of Canada's official languages. If this individual can't pass an English (or French) test - then to be brutally honest, someone lied somewhere. IRCC has obviously figured this out and that's why the letter has been received.

Lawyer isn't going to be able to fix this for you. Your friend needs to prove he can effectively communicate in English. Suggest he write the test asap and try for the best score he can.