If you receive a procedural fairness letter (PFL), be careful that you take the time to read it carefully before taking any action. This letter is of a highly serious nature and should be kept from being tossed aside for later or answered in a rush.
Typically issued to visa applicants by Immigration, Refugees, and Citizenship Canada (IRCC), these letters formally notify a hopeful immigrant that the immigration officer reviewing their case is unsatisfied with specific essential details. At one end of the spectrum, a PFL might arrive in your mailbox to notify you that you did not complete the required documents for the application. On the other end of the spectrum, it could be that the procedural fairness letter could suggest that the decision-maker in charge of your case believes that you’ve forged documents or misrepresented yourself.
Whatever the reason may be, you must respect the fact that how you respond to the procedural fairness letter could very well decide whether your application is approved or not.
A PFL is sometimes known by another name that perhaps more aptly illustrates the letter’s purpose: the ‘right to be heard’ letter. When the individuals overseeing your case believe there is something wrong with your application, they send you a PFL informing you that you have the right to be heard. In your response, you can present evidence supporting your application and proving that your facts are genuine and that you meet the eligibility criteria.
How you respond can have a monumental effect on your case. If you fail to satisfy the decision-makers of your case, you risk being refused entry into Canada and might be banned for five years if they suspect you’re guilty of misrepresentation.
Do not treat this situation lightly.
Speak with legal support for immigration in North York to discuss your case in more detail. The legal team of Loft Immigration Services Inc has years of experience representing clients with their immigration issues. We can review the letter as well as the evidence you provided in your original application and then help you draft a strong reply.
Usually, a procedural fairness letter details why it has been sent so that the applicant knows the subject matter which needs to be addressed in their response.
The most important thing to note is that you absolutely should respond to the procedural fairness letter. This matter cannot be ignored. Some PFLs have a set time limit for a response, such as a week or a month (you may be able to request an extension). During this time, you should consult with immigration lawyers.
While your lawyers will help you with how you should craft your response, a few strategies might be employed.
Ideally, you and your lawyer should attempt to dispel the concerns of the decision-makers overseeing your case. Do they believe you’ve misrepresented yourself? Provide evidence to the contrary. Do they think you are a security risk? Your lawyers will try to prove that these fears are unfounded and could even be the result of undue bias. Essentially, however, the most satisfying outcome will be to put their fears to rest and assure them that all is well and that they’ve either made a mistake or misjudged the evidence.
Sometimes, it pays to be honest. Did you make a mistake? Own it. Admit your error and take responsibility for it. This may not result in a positive conclusion, but it might be the only option available in some cases.
In some rare cases, requesting the right to withdraw the application and start over might be possible. However, if you’ve received a procedural fairness letter, it might be too late for that.
You may be given a week or a month to respond to a PFL, but you should expect the IRCC to take much longer to decide based on your response. It may take several months before you hear back from the IRCC.
And, when you eventually do get a reply, it’s possible that they may request an in-person interview to speak with you face-to-face about your case. If you are asked to conduct such an interview, you should do so with your lawyers present.
Procedural fairness letters are serious business and need to be treated as such. Take your time with your response to a PFL. You’ll receive no special consideration if you reply quickly instead of taking your time, speaking with lawyers, and carefully gathering all the necessary evidence. Really. Take your time. Please speak with the immigration lawyers of our law office. Let us help you ensure that your response is as convincing as possible.
Loft Immigration Services Inc offers free consultations to all prospective new clients. To schedule your case review, please get in touch with our North York law office at 647-495-3724.
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