What does it Mean When Receiving Procedural Fairness Letter
Have you received a procedural fairness letter from citizenship and immigration Canada and not sure how to respond to this letter?
If this is the case, then this blog is for you!
When receiving the procedural fairness letter it is extremely important to submit a detailed response with strong factual arguments. Many times applicants that approach this letter on their do not understand the seriousness of the letter receive and attempt to respond on their own, usually with a very weak response which leads to a refusal.
Immigration Canada gives you only one opportunity to respond before the application is refused. It is highly recommended to retain professional help to submit a proper response, as there will not be another opportunity provided later. Sometimes, a refused application will also come with serious consequences such as becoming Inadmissible to Canada with a 5-year ban for Misrepresentation.
When a Procedural Fairness Letter is issued
A procedural fairness letter is commonly issued for the following 6 reasons
Genuineness of the relationship
This is received when the immigration officer has doubts about your relationship that it could be potentially a fake marriage. Usually doubts are raised when the immigration officer notices inconsistent information on the required forms, supporting documents, previous documents provided to immigration Canada which have inconsistent information, marriage was not recognized etc.
Just being married, having kids or residing together is not sufficient to proving the genuineness of your relationship.
The immigration officer looks at your relationship history and how this relationship blossomed. This can be done by providing ample supporting documentation such as:
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Text messages exchanged whether is through phone or an apps such FB, Whatsapp, Skype etc.
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Gifts exchanged by showing purchase receipts
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Places you have travelled together by showing a travel itinerary
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Pictures of wedding, engagement or other specials gatherings with family members
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Emails exchanged
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Birthday cards
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Phone records
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Love letters
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Assets you share together
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Proof of divorce if either applicant or spouse were previously married
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Marriage certificate
It very important to prove you are in a bona fide marriage and did not simply get married to get status in Canada.
Medical Inadmissibility
This is when a person is found medically inadmissible to Canada due to the immigration officer believing your health issues may incur excessive demand on health care or social services. This is usually common for parental sponsorship applications. Should you receive the procedural fairness letter a proper medical plan should be provided to demonstrate they will not be a burden on the on the Canadian health care or social services.
Misrepresentation
This is when immigration Canada believes a person has misrepresented themselves for example not being truthful on an application. Sometimes applicants do this deliberately or mistakenly by providing inaccurate information on the forms or providing fraudulent documents. You can also be charged with misrepresentation by failing to disclose past refusal applications. Should you be charged with misrepresentation then you are banned for 5 years from Canada.
So if you received the procedural fairness letter and you believe the immigration officer has made an error on your application then this has to be clarified to avoid a refusal or a ban from Canada
Criminal Inadmissibility
This is when an applicant has past criminal record inside or outside of Canada and they have applied for permanent or temporary status when potentially not eligible yet. Also, non-accompanying family members can be prevented from obtaining PR if the applicant has medical or criminal inadmissibility
Depending on your past criminal record you may eligible to apply for Temporary Resident Permit or Criminal Rehabilitation to overcoming your past inadmissibility issue.
Express Entry
This is when an immigration officer is not satisfied with the documents that show the work experience or applicant may have used the wrong National Occupational Code (NOC) or failed to mention job duties on the employment letter.
Security Reasons
When you receive the procedural fairness letter for security reasons this is when the immigration officer may have concerns to you being a security risk to Canada due to having past government or military jobs or have ties to terrorism.
Therefore, additional documentation needs to be provided to proof you are not a security risk to Canadians
Contact Akrami & Associates
Receiving a procedural fairness letter can be quite overwhelming, therefore prior to responding to this letter it is highly recommended to reach out to an immigration expert such as Akrami & Associates.
Not giving a detailed response can potentially affect your application in which another opportunity will not be given.
Contact us today at 416-477-2545 for more information or simply email us at This email address is being protected from spambots. You need JavaScript enabled to view it.
With Akrami & Associates there is always a way!!