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Procedural fairness letter..please help.

KuroNeko26

Hero Member
Mar 12, 2018
242
52
California
I’m really confused as to why they think that though. We won’t know until your notes come
I called my MP about it and even he thinks it's really weird. I sent him the letter too so he could take a look at it and everything and he said it's odd they sent this serious letter instead of just asking for recent cohabitation proof etc. He said he'll get back to me in about a week. I explained the whole situation to him and he says it's possible that they could've made a mistake etc since I obviously did not leave at any point in time
 

Joeydocs

Hero Member
Sep 5, 2017
415
68
26
Pickering
Category........
FAM
Visa Office......
CPC Mississauga
NOC Code......
7237
Job Offer........
Yes
I called my MP about it and even he thinks it's really weird. I sent him the letter too so he could take a look at it and everything and he said it's odd they sent this serious letter instead of just asking for recent cohabitation proof etc. He said he'll get back to me in about a week. I explained the whole situation to him and he says it's possible that they could've made a mistake etc since I obviously did not leave at any point in time
Are you a common law partner or spouse
 

Joeydocs

Hero Member
Sep 5, 2017
415
68
26
Pickering
Category........
FAM
Visa Office......
CPC Mississauga
NOC Code......
7237
Job Offer........
Yes
Spouse since im married
Oh ok I wasn’t sure. I’m a common law partner and I see some people get PFL letters about proof of cohab. The thought of receiving one of those haunts me... i definitely feel your pain right now.
 

mom12

Member
Mar 24, 2021
12
0
hi, plese need help.
please help me i am very stressed right now,
here is my timeline:
approval in principle on September 2020
received medical request on October 2020
Passport request on March 2021
Passport submitted for stamp on March 2021
and I received a message stating that i was not truthfully about my previous visa refusals, here below is the message which i received from them.
i had previous study visa refusal but i didn't mentioned because i thought it was irrelevant since it is not in Canada.
.
.
This is in reference to your application for a Study permit to Canada (Student).

I have reviewed your application and documents you submitted in its support. Subsection 11(1) of the Immigration and Refugee Protection Act provides that a foreign national must, before entering Canada, apply to an officer for a visa or any other document required by the 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 this Act.
I have reasonable grounds to believe that you have not fulfilled the requirement put upon you by section 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 reasonably requires.
Specifically, you indicated “No” to:
Question 2 (b) of the application form (IMM 5257) which states; ‘Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?
However, it has been found that you have undeclared a previous refusal.
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

I would like to give you an opportunity to respond to this information. I will afford you 15 days from the date of this letter to make any representations in this regard. If you do not respond to this request within the time outlined above, your application will be refused.
Please note: All documents must be accompanied by English or French translations. When original documents are requested, notarised documents are not acceptable.
Please note that we do not acknowledge the receipt of correspondence.
We will resume the processing of your application on receipt of the required documents or information.
 

armoured

VIP Member
Feb 1, 2015
15,667
7,947
i had previous study visa refusal but i didn't mentioned because i thought it was irrelevant since it is not in Canada.
...
Question 2 (b) of the application form (IMM 5257) which states; ‘Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?
The question is pretty clear. You can see a lawyer, and that may be the best course of action, but I don't know if there's much you can do at this point other than respond (truthfully) and say you misunderstood and provide whatever information you can on the reason for refusal (which they will probably already have but perhaps being open will create a favourable impression).

You really should at minimum speak to a lawyer. Because as you can see the five-year inadmissibility is a various serious consequence and you have already made things substantially worse, even if unintentionally - further missteps may as well.
 
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scylla

VIP Member
Jun 8, 2010
93,178
20,656
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
I

I thought it was irreverent since it is not in Canada.
All refusals must be declared regardless of the country. The question specifically asks about refusals to Canada or any other country.
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
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
OK what do I have to say. Help please.
You need to respond and confirm you have previous refusals. You should provide the details of those refusals including information such as the country, date of refusal, and why you were refused. You need to say that you made an error in not including this information in the application. You can't blame a friend - it is your responsibility for ensuring all of the information in the application is accurate and complete. You then have to hope that IRCC does not make the decision to give you a 5 year misrepresentation ban. If you are uncomfortable or worried about responding on your own, now is the time to hire an immigration lawyer in Canada to help you.
 

scylla

VIP Member
Jun 8, 2010
93,178
20,656
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
OK what do I have to say. Help please.
I will also add this. At this point you've posted the same question under at least two different profiles. Asking the same question again is not going to change the answer or give you more information. You received the PFL last week by the looks of things. So the clock is ticking down and you need to make the decision if you are comfortable enough to answer the letter yourself or need legal advice. Time is going to run out quickly. You need to get your response together and submitted.