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Procedural Fairness Letter - Inland Oct

RoxasTheNobody

Full Member
Apr 10, 2019
48
2
Hi guys, I'm kinda freaking out at the moment. My husband got approved to sponsor me yesterday but I received this letter. They've given me 90 days to respond and I'm not on any form of social assistance. My husband does work part time and receives disability benefits (ODSP) but that's it. Hoping someone who's been through a similar thing can give me some advice to ease my concerns. I'm currently in the process of gathering all the documents they've requested.

LETTER BELOW

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

Subsection 16(1) of the Immigration and Refugee Protection 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
.
Section 39 of the Act states that a foreign national is inadmissible for financial reasons if they are or
will be unable or unwilling to support themself or any other person who is dependent on them, and
have not satisfied an officer that adequate arrangements for care and support, other than those that
involve social assistance, have been made.

Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada by virtue of the fact that you have not provided sufficient evidence to satisfy
me that you are not inadmissible to Canada.

We have received information from the Ministry of Children, Community and Social Services that you
are in receipt of social assistance.

Before I make a final decision, you may submit any documentation and information addressing the
issue of adequate financial arrangements for care and support (not involving social assistance) are in
place for yourself and your dependents (if applicable) in Canada. This may include, but is not limited
to:

 proof of sponsor’s income in Canada;
 proof of sponsor’s employment including recent pay stubs, bank statements, employment
confirmation letters, etc.;
 sponsor’s Notice of Assessments for the past three years;
 proof of other means of financial support available to sponsor;
 statutory declarations by friends and relatives in Canada confirming availability of financial
support to you along with proof of their income and financial status in Canada;
 if applicable, details of sponsor’s disability benefits including particulars of monthly benefits
and copies of payments; and/or
Case Processing Centre Mississauga Centre de Traitement des Demandes Mississauga
Website: www.cic.gc.ca Site web: www.cic.gc.ca
 an account of your future plans in Canada including plans for study/work; details of admission sought in schools or details of job search in Canada.


Subsection 21(1) of the Act states that a foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.
Additionally, subsection 72(1)(e)(i) of the Immigration and Refugee Protection Regulations states that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they and their family members, whether accompanying or not, are not inadmissible.

The onus is on you to satisfy me that you are not inadmissible and can therefore become a permanent resident. I request that you send any information and/or documents which you consider might respond to this concern within ninety (90) days from the date of this letter. If you choose not to respond with additional information, I will make my decision based on the information before me, which may result in the refusal of your application.
 
Last edited:

scylla

VIP Member
Jun 8, 2010
92,926
20,539
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
Hi guys, I'm kinda freaking out at the moment. My husband got approved to sponsor me yesterday but I received this letter. They've given me 90 days to respond and I'm not on any form of social assistance. My husband does work part time and receives disability benefits but that's it. Hoping someone who's been through a similar thing can give me some advice to ease my concerns. I'm currently in the process of gathering all the documents they've requested.

LETTER BELOW

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

Subsection 16(1) of the Immigration and Refugee Protection 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
.
Section 39 of the Act states that a foreign national is inadmissible for financial reasons if they are or
will be unable or unwilling to support themself or any other person who is dependent on them, and
have not satisfied an officer that adequate arrangements for care and support, other than those that
involve social assistance, have been made.

Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada by virtue of the fact that you have not provided sufficient evidence to satisfy
me that you are not inadmissible to Canada.

We have received information from the Ministry of Children, Community and Social Services that you
are in receipt of social assistance.

Before I make a final decision, you may submit any documentation and information addressing the
issue of adequate financial arrangements for care and support (not involving social assistance) are in
place for yourself and your dependents (if applicable) in Canada. This may include, but is not limited
to:

 proof of sponsor’s income in Canada;
 proof of sponsor’s employment including recent pay stubs, bank statements, employment
confirmation letters, etc.;
 sponsor’s Notice of Assessments for the past three years;
 proof of other means of financial support available to sponsor;
 statutory declarations by friends and relatives in Canada confirming availability of financial
support to you along with proof of their income and financial status in Canada;
 if applicable, details of sponsor’s disability benefits including particulars of monthly benefits
and copies of payments; and/or
Case Processing Centre Mississauga Centre de Traitement des Demandes Mississauga
Website: www.cic.gc.ca Site web: www.cic.gc.ca
 an account of your future plans in Canada including plans for study/work; details of admission sought in schools or details of job search in Canada.


Subsection 21(1) of the Act states that a foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.
Additionally, subsection 72(1)(e)(i) of the Immigration and Refugee Protection Regulations states that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they and their family members, whether accompanying or not, are not inadmissible.

The onus is on you to satisfy me that you are not inadmissible and can therefore become a permanent resident. I request that you send any information and/or documents which you consider might respond to this concern within ninety (90) days from the date of this letter. If you choose not to respond with additional information, I will make my decision based on the information before me, which may result in the refusal of your application.
Are you sure he's on disability payments specifically? Or is he receiving regular social assistance payments due to a disability? There is a big difference between the two. In Ontario one is called ODSP and the other is called OW. Not sure what province you are in. If in Ontario, which is he on? If another province, what is the name of the social assistance payment he is getting?
 

RoxasTheNobody

Full Member
Apr 10, 2019
48
2
Are you sure he's on disability payments specifically? Or is he receiving regular social assistance payments due to a disability? There is a big difference between the two. In Ontario one is called ODSP and the other is called OW. Not sure what province you are in. If in Ontario, which is he on? If another province, what is the name of the social assistance payment he is getting?
Hey there, thanks for your response. He's receiving ODSP.
 

scylla

VIP Member
Jun 8, 2010
92,926
20,539
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 there, thanks for your response. He's receiving ODSP.
OK - so that is good.

Has he been on ODSP for the enter period of the sponsorship application? Any chance he was on regular OW to start and then switched to ODSP? That's one important question.

ODSP is not classified as social assistance however applications can still be refused if a sponsor is on disability payments and IRCC doesn't feel there is sufficient evidence that the sponsor can support the applicant without relaying on social assistance. Did your partner submit proof he is working? Did he include tax returns from past years to show income? Do you have an OWP and are you working? Did you include any evidence of your past employment?
 

RoxasTheNobody

Full Member
Apr 10, 2019
48
2
OK - so that is good.

Has he been on ODSP for the enter period of the sponsorship application? Any chance he was on regular OW to start and then switched to ODSP? That's one important question.

ODSP is not classified as social assistance however applications can still be refused if a sponsor is on disability payments and IRCC doesn't feel there is sufficient evidence that the sponsor can support the applicant without relaying on social assistance. Did your partner submit proof he is working? Did he include tax returns from past years to show income? Do you have an OWP and are you working? Did you include any evidence of your past employment?
Yes, he's been on ODSP for the entire period. When we had submitted his application he'd only just started employment at his new job but now he's been there a year. I believe we did submit his most recent tax return (at the time) and bank statements and paystubs. I have an OWP at the moment but I'm in the process of looking for work. When I submitted my application I gave them a list of all of my past employers.

It's just weird to me that they think I'm receiving social assistance from MCSS which is the Ontario government because as a foreign worker I cannot get anything ahaha! I'm still trying to get as many documents that I can

This is the letter I've drafted so far:


To whom it may concern,

I am writing this letter in response to the Procedural Fairness letter I received on September 14th, 2020. Firstly I want to assure IRCC that I am not in receipt of any form of social assistance. Since arriving in Canada on November 23rd, 2018 I have been supported financially by my Husband, Nathan *****. He is currently working part-time at *****and is in receipt of the Ontario Disability Support program.

Regarding the Ontario Disability Support program, I was added to Nathan’s benefit as what is known as a non-compliant spouse. This means that I do not collect or receive any form of income or assistance from the Ontario Disability Support Program and I was only added solely for the purpose of their record keeping.

Regarding the documents you have requested I have done my utmost to provide as many documents as I possibly can in order to satisfy you that I am not receiving social assistance and that I am eligible to become a Permanent Resident of Canada and am able to support myself. These documents include:

Proof of Sponsor’s Income such as:

Sponsor’s paystubs from the last 4 months

Sponsor’s Notice of Assessment from the last 3 years

Sponsor’s Bank Statements from the past 4 months

An employment confirmation letter from Sponsor’s employer

Sponsor’s ODSP (Ontario Disability Support Program Statements) from the past 3 months


  • Also note on Nathan’s ODSP (Ontario Disability Support Program) statements which I have provided he is the only person listed under the recipient’s/beneficiary section (At the top of each statement)
A letter from Sponsor’s Ontario Disability Support Program Caseworker confirming that I am not in receipt of any form of social assistance

????Statutory declarations by Sponsor’s mother and grandmother confirming availability of financial support to me (Applicant) along with proof of their income.

A letter from my former employer in Canada stating my start and end date and that I am in the process of looking for employment.

Paystubs from my former employer in Canada.

An account of my future plans in Canada (See below)




My future plans in Canada consist of finding employment in the retail/customer service-based fields and possibly studying an undergraduate degree in Psychology. Nathan and I also plan to secure our own apartment and as time progresses purchase our own property in either the Greater Toronto Area or Kitchener-Cambridge-Waterloo area and possibly raise a family.

I have also been actively looking for employment since leaving ***** in May, 2020. And Nathan and his family have vowed to support me financially whilst I am here in Canada (See attached statutory letters of support)


I am wanting to start a long and rewarding life here in Canada with my husband, Nathan. And I hope that this letter of explanation and the documents provided have helped to ease any doubts you have regarding my financial situation here in Canada.



Please feel free to contact me further if you have any further questions regarding this issue.




Yours Sincerely,
 

scylla

VIP Member
Jun 8, 2010
92,926
20,539
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
Yes, he's been on ODSP for the entire period. When we had submitted his application he'd only just started employment at his new job but now he's been there a year. I believe we did submit his most recent tax return (at the time) and bank statements and paystubs. I have an OWP at the moment but I'm in the process of looking for work. When I submitted my application I gave them a list of all of my past employers.

It's just weird to me that they think I'm receiving social assistance from MCSS which is the Ontario government because as a foreign worker I cannot get anything ahaha! I'm still trying to get as many documents that I can

This is the letter I've drafted so far:


To whom it may concern,

I am writing this letter in response to the Procedural Fairness letter I received on September 14th, 2020. Firstly I want to assure IRCC that I am not in receipt of any form of social assistance. Since arriving in Canada on November 23rd, 2018 I have been supported financially by my Husband, Nathan *****. He is currently working part-time at *****and is in receipt of the Ontario Disability Support program.

Regarding the Ontario Disability Support program, I was added to Nathan’s benefit as what is known as a non-compliant spouse. This means that I do not collect or receive any form of income or assistance from the Ontario Disability Support Program and I was only added solely for the purpose of their record keeping.

Regarding the documents you have requested I have done my utmost to provide as many documents as I possibly can in order to satisfy you that I am not receiving social assistance and that I am eligible to become a Permanent Resident of Canada and am able to support myself. These documents include:

Proof of Sponsor’s Income such as:

Sponsor’s paystubs from the last 4 months

Sponsor’s Notice of Assessment from the last 3 years

Sponsor’s Bank Statements from the past 4 months

An employment confirmation letter from Sponsor’s employer

Sponsor’s ODSP (Ontario Disability Support Program Statements) from the past 3 months


  • Also note on Nathan’s ODSP (Ontario Disability Support Program) statements which I have provided he is the only person listed under the recipient’s/beneficiary section (At the top of each statement)
A letter from Sponsor’s Ontario Disability Support Program Caseworker confirming that I am not in receipt of any form of social assistance

????Statutory declarations by Sponsor’s mother and grandmother confirming availability of financial support to me (Applicant) along with proof of their income.

A letter from my former employer in Canada stating my start and end date and that I am in the process of looking for employment.

Paystubs from my former employer in Canada.

An account of my future plans in Canada (See below)




My future plans in Canada consist of finding employment in the retail/customer service-based fields and possibly studying an undergraduate degree in Psychology. Nathan and I also plan to secure our own apartment and as time progresses purchase our own property in either the Greater Toronto Area or Kitchener-Cambridge-Waterloo area and possibly raise a family.

I have also been actively looking for employment since leaving ***** in May, 2020. And Nathan and his family have vowed to support me financially whilst I am here in Canada (See attached statutory letters of support)


I am wanting to start a long and rewarding life here in Canada with my husband, Nathan. And I hope that this letter of explanation and the documents provided have helped to ease any doubts you have regarding my financial situation here in Canada.



Please feel free to contact me further if you have any further questions regarding this issue.




Yours Sincerely,
That is looking pretty comprehensive. If it's within your financial means, you may want to run this past a lawyer as well since this is an important letter. I would add the ODSP statements for each month since October when your application was submitted (not just the last three months). Good luck.
 
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RoxasTheNobody

Full Member
Apr 10, 2019
48
2
That is looking pretty comprehensive. If it's within your financial means, you may want to run this past a lawyer as well since this is an important letter. I would add the ODSP statements for each month since October when your application was submitted (not just the last three months). Good luck.
Thank you so much! Fingers crossed!