What should you do after receiving a procedural fairness letter?

Receiving a Procedural Fairness Letter (PFL) during your immigration planning can be a setback. However, it’s essential to understand that a PFL is not a rejection. It is a solvable issue; with the proper guidance, there is a clear path to resolution.

Understanding the PFL

After receiving a PFL, reading and understanding its content is essential. The letter carefully lists all the concerns that led to its issuance. It’s important to note that some of the most common problems that might be raised in a PFL are issues that many applicants face, including:

• Criminality – Concerns about past criminal charges or convictions that might affect achieving admissibility to Canada.
• Misrepresentation – Allegations that suggest that information provided by you in the application is false or misleading.
• Medical Inadmissibility – Having a health issue that can be a potential risk for the public or put immense pressure on health or social services in Canada.
• Security Concerns – Issues that compromise national security, such as involvement in terrorism or being a part of an organized crime.
• Inadmissible Family Members – Concerns about any family member who might be inadmissible and affect your application.

The Next Steps in Your PFL Response

When dealing with a Procedural Fairness Letter, planning systematically for your response to the concerns raised is appropriate. This initial step concerns planning how to best address the IRCC to increase the effectiveness of your submissions.

Seeking Legal Advice

Due to the significance and relatively great possibility of complication when responding to a PFL, the individual should seek the advice of an experienced immigration lawyer. An immigration lawyer can assist you in understanding the problems, collecting the required paperwork, and developing a complete and efficient reply. Hiring a lawyer can make a massive difference as you walk into court.

Gathering Supporting Evidence

Once you have understood the grievances highlighted in the PFL, start collecting supportive evidence. These documents may be new ones not included in the original application, affidavits, or expert opinions from others. The strategy is to provide straightforward answers that would assure the immigration officer and erase any concerns that he or she might have.

Preparing a Detailed Response

The answer to the PFL should be comprehensive and logically arranged. It is recommended that the issues identified and the concerns expressed be explained. Then, for each problem, provide specific recommendations based on the gathered evidence. Provide truthful information that is to the point without including extraneous details irrelevant to the officer’s inquiries.

Highlighting Key Points

When writing your response, you should be able to identify the main issues and provide supporting evidence. You should mark headings and put essential information in bullet points for ease of readability.  Write texts in bold to capture the reader’s attention to the significant points of the response. This will help the immigration officer read your arguments and comprehend how you have responded to the officer’s concerns efficiently.

Submit your Response on Time

After receiving the Procedural Fairness Letter, you get a response deadline within 30-60 days. It is essential to adhere to this time limit and ensure your response is sent on or before the stated time. Missing the deadline may work against your application, and you might not be considered for submission. Hence, you are advised to submit your application within the set time. If you require additional days to gather evidence to draft your response, you should discuss the possibility of requesting an extension with your lawyer.

Document Everything

Remember to keep a copy of the response and the supportive evidence you used in drafting it. This is essential for your files and might be helpful if you have to return to them or if other problems occur.

Stay in Contact and Follow Up

After submitting the response, following up on the application’s progress is advisable. You can also check your status through your email and IRCC’s online portal. If you don’t get a response within a reasonable time, following up with IRCC or your lawyer may be helpful to confirm whether the response was received and is being processed.

Conclusion

It is natural to be worried when you get a Procedural Fairness Letter, but it is also a chance for you to set things right and enhance your immigration application. Comprehending the letter’s content and following the proper measures will help you respond to the issues raised and boost your chances of receiving a positive result. In short, one must be detailed, systematic, and timely in submitting a response.

It is, however, essential to note that the Canadian immigration process can be rather complicated; however, it is possible to overcome procedural fairness concerns and continue with the immigration process when one is prepared and has the help of a professional. If you have received a PFL, you are advised to contact our law firm for professional advice and assistance.