LEGAL

Fairness Procedure

A Procedural Fairness Letter (PFL) sent by the IRCC necessitates a detailed response with substantiating facts and arguments. Obtaining professional support in preparing the response will help avert the refusal of the application and other serious consequences.

Procedural Fairness Letter (PFL)

A PFL is your opportunity to put forward your justification to the IRCC. A weak response can impact your integrity and make you inadmissible to Canada or banned for misrepresentation. The general reasons why a PFL is issued are:

  • Clarity on the genuineness of the relationship
  • Criminal Inadmissibility
  • Misrepresentation
  • Medical Inadmissibility
  • Security Threat
  • Issues such as NOC errors, employment offers, and a lack of evidence

Genuineness of the relationship

IRCC may issue a PFL when it wants more clarifications and evidence that proves the genuineness of a relationship. Everyday scenarios when IRCC issues PFL in this regard include marriage not recorded legally, not living together in Canada (when applying for Inland Sponsorship), insufficient evidence for proving the common-law relationship between the persons, and other similar issues. A response with adequate justifications and proof of relationship is crucial when IRCC forwards such a PFL to you. You must get support from an expert Canadian immigration lawyer to prepare the right response.

Criminal Inadmissibility (Subsections 36-1 and 36-2)

Criminal inadmissibility applies to ex-pats who have been involved in any criminal activity in Canada, their home country, or any other country. They and their family members might be prevented from entering the country, obtaining PR in Canada, or obtaining a TRV. The criminal background of a non-accompanying family member can also become problematic when you apply for immigration to Canada.

Medical Inadmissibility (Subsection 38-1)

Medical inadmissibility is a problem, especially when applying for sponsorship for elderly parents. The IRCC will forward a PFL if it evaluates that the individual's medical, healthcare, and social service costs may go beyond CAD 20,517 annually. We have been handling such cases for a long time. ImmiLaw Global can aid you in resolving the PFL on medical inadmissibility by framing a proper response that justifies your position.

Misrepresentation (Subsection 40-1)

IRCC may issue a PFL if they suspect the person has submitted the wrong information either deliberately or by mistake. Hiding things or attaching fake documents also comes under this subsection. The individual may seek clarification if he or she has been refused a visa to any other country in the past. Ambiguities in the information provided or erroneous judgments by the IRCC official may also result in PFL related to misrepresentation.

Security Reasons, including Terror Links (Subsection 34-1)

The expatriates, who have been a part of government organizations like the military or police, are susceptible to security threats. Such persons may have to submit additional information as sought by the IRCC. Similarly, the IRCC will try to prevent the entry of individuals who have relations with groups that are suspected of having terror links. The applicant must justify his or her position by substantiating it with the available evidence. ImmiLaw Global has expert Canadian attorneys to help you prepare a response for PFL for security reasons. Reach out to us for further discussions and to initiate action.

ImmiLaw Global has been providing comprehensive Canadian immigration services since its inception. We have offices in Canada as well and are led by a team of specialized and experienced Canadian immigration lawyers. A Procedural Fairness Letter (PFL) is not the end of the road. But it is an opportunity for you to justify yourself and obtain approval for immigrating to Canada. Avoid making a response to a PFL all by yourself. A sloppy response without strong statements can lead to refusals and a ban.

For any help with PFL or any other Canadian immigration service, call us now.
 

FAQ

Frequently Asked Questions

Immigration, Refugees, and Citizenship Canada (IRCC) issue a PFL when the information provided by the applicant appears to be inaccurate or false. The applicant should respond to the letter with strong justifications and evidence. Otherwise, it can lead to refusal, inadmissibility, or a ban.
 

The concerned individual should respond within 30 days from the date of issuance of the PFL. It is advisable to hire an expert Canadian lawyer to prepare the response for PFL. This would avoid erroneous or weak responses and would help in obtaining a positive outcome.
 

IRCC will enquire about a specific issue in the immigration application through the PFL. The applicant is supposed to justify the stance with solid evidence. New proof, if available, can also be submitted to prove that the information provided is genuine.
 

The applicant is supposed to respond to the PFL within 30 days of its issuance. Not submitting a response to PFL or failing to justify the information provided in the application can land the applicant in trouble. It can lead to a refusal of a visa, inadmissibility, or a ban for a certain period.
 

Yes, the applicant can prepare the response to PFL by themselves. However, a sloppy response or lack of evidence with strong statements can lead to refusal, inadmissibility, or other severe actions from the authority. It is always best to hire an expert Canadian immigration lawyer to prepare a response for the PFL.
 

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