Procedural Fairness Letter. What To Do If You Receive One

Let’s delve into the concept of Procedural Fairness Letters (PFL s), which have become more common, particularly for applications submitted directly by applicants. This increase in PFLs is likely a result of recent changes in immigration policies, as applications are now being reviewed with heightened scrutiny.

What is a PFL?

In most cases, if the IRCC identifies serious concerns with your application and is considering a refusal, immigration authorities must act fairly. Procedurally, they will give you the opportunity to address these concerns and clarify any misunderstandings. This provides you with a final chance to resolve the issues and potentially salvage your application.

Key Wording in a PFL

A PFL is not just a typical request for additional documents. Failing to respond to a Procedural Fairness Letter can likely lead to a refusal of your application, and a five-year ban may be imposed, preventing you from submitting another application during that time. If you are in Canada, a removal order could also be issued.

Whenever the letter states “I have reasonable grounds to believe”…”I have concerns that you are inadmissible to Canada under paragraph…”, “I have concerns that you have not fulfilled the requirement put upon you by subsection 16(1) of IRPA which state that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce and all relevant evidence and documents that the officer reasonable requires. Specifically, I have concerns that you submitted fraudulent banking documents in support of your application”,   or similar statements wherein an officer communicates their concern and is giving you an opportunity to dispel these concerns. Always treat such a letter with exceptional care.

What is Misrepresentation?

Misrepresentation is basically when you are lying in your application. Section 16.1 of the Immigration and Refugee Protection Regulations (“IRPR”) is the basis of all applications and obligates the applicant to be truthful at all times.  If you are not truthful, section 40 will be applied. This section is applied when an applicant has lied or has withheld important information regarding the application. 

When you have provided fraudulent, fake documents, or you have provided information deliberately with the intent to mislead the officer or to conceal some information, if you had provided the information correctly, the officer might have made a different decision. Because you are aware that the officer could be influenced and render a different decision, you chose to deliberately hide the information. Also, you may have provided fraudulent documents, which do not support what is presented in your application. All of this is misrepresentation. 

What is NOT a Misrepresentation? 

The following examples will not result in misrepresentation, wherein you made some minor mistake in your employment dates, which can be easily explained as to why this may have occurred.  

Reasons for PFLs

Work experience

The most common PFLs in permanent resident applications are regarding the work experience. 

Immigration may use social media accounts such as LinkedIn to check the address of the business, how long the company was in business, its website, Google Maps, domain registration and all other pertinent information.  Immigration may call the business. It appears that immigration is taking back control the way it used to be in the “old good days”.  

The language test results.

Your immigration history

Immigration has the right to check your immigration history, including fake, expired EE profiles, refused applications, study permit and any other application that has been submitted. In these profiles, different job titles might have been used, employment periods may be inconsistent, etc.  Every application creates your immigration history, and thus, you could be found guilty of misrepresentation.  

Another kind of Procedural Fairness Letter may be issued due to criminality, drunk driving, safety and security or medical inadmissibility. Medical inadmissibility occurs when an applicant could be medically inadmissible to Canada for medical reasons, a condition which is a threat to Canadians.

Your Social Media Platforms

As far as the IRCC is concerned,  they check this information through open data sources, which are Google, Linkedin and any other social media profiles. Any information where the data about you, about your company, about your work experience may be publicly available. Your social media profiles must be consistent with the information you are providing in your application. Otherwise, your credibility is now in question.

Fraudulent Documents in Support of Your Application

A review of your immigration application is based on the documentary evidence you submit.  There is no in-person interview.  Therefore, it is of utmost importance to keep your applications absolutely clean and clear. Providing fake documents, withholding information about your education, work experience, or any material information may result in misrepresentation and, thus, a five-year ban.  

A Misrepresentation Ban has been Issued. What’s Next?

In the event, IRCC has issued you a misrepresentation ban, the only recourse is to hire an immigration lawyer, wherein the lawyer will challenge the decision in federal court. Of course, you would have to prove there was no misrepresentation on your part, but that is how IRCC has interpreted it. As you can appreciate, it becomes complex and tense.   

If you receive a PFL and are confident, you may try to reply by yourself.  Otherwise, it would be wise to retain the services of a licenced immigration professional.  In most cases, the sections of the law and the specific concern the visa officer has would be indicated. 

If you have received a PFL, we would be happy to assist you.

Responding to a Procedural Fairness Letter is a critical step in ensuring your immigration application proceeds smoothly. Book a consultation to gain clarity and make an informed decision about what’s best for you and your family. 

How We Can Help

Our team is here to assist you in quickly and thoroughly responding to IRCC, ensuring that nothing is overlooked or misunderstood. This will give your immigration application the best possible chance of a successful outcome.