Category: Canadian immigration

When applying for immigration to Canada, ensuring that all the information you provide is accurate and truthful is crucial. Immigration, Refugees and Citizenship Canada (IRCC) takes misrepresentation seriously, and one of the ways they address concerns in applications is by issuing a Procedural Fairness Letter (PFL).

If you receive a PFL, don’t panic. Instead, understand why you received it and take the necessary steps to respond appropriately.

What Is a Procedural Fairness Letter?

A Procedural Fairness Letter (PFL) is an official communication from IRCC when there are concerns about your application. It gives you an opportunity to clarify or provide additional information before a final decision is made.

Some common reasons for receiving a PFL include:

• Concerns about the genuineness of your marriage (for spousal sponsorship applications)
• Admissibility issues related to criminality or security concerns
• Medical inadmissibility concerns for you or a family member
• Allegations of misrepresentation regarding work experience, education, or other details in your application

As stated in Kaur v. Canada (MCI), 2020 FC 809 at para 39:, the Federal Court of Canada has emphasized the importance of giving applicants a fair chance to respond to concerns raised by IRCC before a final decision is made.

[39] …procedural fairness requires that an applicant for a visa have an opportunity to participate meaningfully in the application process. Consequently, the duty of procedural fairness can require that an applicant be given an opportunity to respond to a decision maker’s concerns when those concerns go beyond simply whether the legislation or related requirements are met on the face of the application (Hassani v. Canada (Minister of Citizenship & Immigration)

Example of a Procedural Fairness Letter

A common example of a PFL is when IRCC questions the validity of work experience submitted for an Express Entry application:

“According to your application, you have declared full-time employment at [Company A] from [Date] to present. However, it appears that you have also been employed at [Company B] since [Date] as per your [public profile]—work experience that was not declared on your Express Entry profile. This raises concerns regarding potential overlap and the accuracy of your claimed Canadian work experience.”

This means IRCC has found inconsistencies in the work experience listed in your application compared to other records. If these concerns are not properly addressed, they can lead to a refusal or a misrepresentation ban of five years from applying for Canadian immigration.

How to Avoid Misrepresentation in Your Application

1. Always provide authentic information – Your entire immigration journey is recorded, so any mismatch between past and present applications can raise red flags.
2. Do not use fake LMIA or forged work experience – If IRCC finds out that your work history does not match with previous records (such as your study permit, visitor visa, or LMIA details), your application may be rejected, and you may be banned from entering Canada.
3. Be transparent about your work experience – If you have gaps in employment or multiple job roles, explain them clearly and provide supporting documentation such as reference letters, pay stubs, and tax records.
4. Review your application thoroughly – Even if a representative or consultant is assisting you, you are ultimately responsible for the information provided in your application.

What to Do If You Receive a Procedural Fairness Letter?

• Remain calm and act fast – PFLs have strict deadlines, so respond within the given timeframe.
• Carefully read the letter – Understand exactly what IRCC is questioning.
• Gather strong supporting documents – Provide reference letters, pay stubs, tax documents, and other proofs to clarify the concerns.
• Seek professional help if needed – Consulting an immigration lawyer or a regulated consultant can help you draft a strong response.

Final Thoughts

A Procedural Fairness Letter is a second chance to explain discrepancies in your application. The best way to avoid receiving one is to be truthful and transparent from the beginning. Misrepresentation can have serious consequences, including application refusals and bans from reapplying for up to five years.

If you are ever in doubt, always provide genuine information and supporting documents—honesty is the key to a smooth immigration journey.

As the Home Child Care Provider Pilot and the Home Support Worker Pilot will end on June 17, 2024, the Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, today on June 3 2024 announced new, improved caregiver pilots. This will allow caregivers to continue coming to Canada as the government works towards making the caregiver pilot programs permanent.

Under the new pilot programs home care workers will receive permanent residence (PR) status on arrival in Canada. They will also be permitted to work for organizations that provide temporary or part-time care for semi-independent individuals or those recovering from injury or illness. This new pathway aims to make it easier for caregivers to find suitable work with reliable employers and obtain permanent resident status upon arrival in Canada.

To be eligible for these new pilot programs, candidates interested in working in Canada’s home care sector must meet the following criteria:

• attain a minimum of level 4 based on the Canadian Language Benchmarks (CLB)
• hold the equivalent of a Canadian high school diploma
• have recent and relevant work experience
• receive an offer for a full-time home care job

These new PR on arrival pilot programs represent a significant step in Canada’s efforts to meet the evolving home care needs of its diverse population. More information, including full eligibility criteria and details on how to apply, will be provided before the official launch of the pilots.

Agnihotri Immigration Consulting is here to support you on your immigration journey with the new caregiver pilot programs. Our experienced team will guide you through every step of the process, with our expertise, we aim to make your transition to Canada as smooth as possible, ensuring you can benefit from the new pathway to permanent residence upon arrival. Contact Agnihotri Immigration Consulting today to start your journey toward a successful and fulfilling career in Canada’s home care sector.

Canada’s Global Talent Stream (GTS) is a specialized program designed to attract exceptionally skilled individuals and address the evolving demands of the Canadian job market.

Employment and Social Development Canada (ESDC) oversees the Global Talent Stream under the Temporary Foreign Worker Program (TFWP). GST was launched in June 2017 as a two-year pilot initiative with the primary objective of facilitating the entry of qualified foreign professionals into specific occupations facing critical shortages in Canada.

This initiative expedites processing Labour Market Impact Assessments (LMIAs) and subsequent work permits.

Eligibility for a Job Offer:

• The job position must fall under one of two categories:
• Category A: To qualify for GTS Category A, a Canadian employer must receive a recommendation from one of GTS’s approved partners.
• Category B: Employers seeking eligibility under GTS Category B must actively recruit highly skilled foreign workers to fill positions in high demand as per the Global Talent Occupations List.

Eligibility for Foreign Workers:

• Requirements and Experience: Foreign employees must meet education, training, and work experience criteria relevant to the offered position.
• Language Proficiency: Proficiency in English or French may be required, depending on the nature of the work position.

Application Process:

• Step 1: Employer Preparation – Employers must ensure they meet all eligibility criteria and have a clear understanding of the position they intend to fill before applying to the GTS.
• Step 2: LMIA Application – Employers must submit an LMIA application to ESDC, providing detailed information about the job, including responsibilities, qualifications, and efforts made to recruit Canadians.
• Step 3: Labour Market Benefits Plan – Employers must submit a Labour Market Benefits Plan outlining their contributions to the Canadian job market alongside their LMIA application.
• Step 4: LMIA Evaluation – ESDC evaluates the LMIA application and the accompanying Labour Market Benefits Plan to determine if the employer meets the GTS criteria.
• Step 5: Work Permit Application – Once the employer receives a positive LMIA, the foreign employee may apply for a work permit.
• Step 6: Work Permit Issuance – Upon approval of the work permit application by IRCC, the foreign worker receives their work permit, allowing them to enter Canada and commence employment.

Unlock opportunities for a brighter future by completing the free assessment today. Your Canadian dream awaits – start the journey with us.

Canadian citizens and permanent residents can sponsor their immediate families for Canadian immigration.

As the sponsor, you need to meet certain eligibility criteria. For instance, you must be at least 18 years old; have Canadian citizenship, permanent residency, or Indian status (under the Indian Act); prove that you are not receiving social assistance, and be able to support your family financially.

There are a couple of other more specific criteria as well. For example, suppose you are a citizen applying to sponsor your family outside Canada. In that case, you must demonstrate that you intend to return once Immigration, Refugees, and Citizenship Canada (IRCC) decide on your file. In addition, permanent residents must sponsor their spouses from inside Canada. Finally, several circumstances could make you ineligible for sponsorship, such as not being discharged for bankruptcy.

As for who you can sponsor under this particular program, Canada recognizes three different types of partners: spouses, common-law partners, and conjugal partners. You can also sponsor your dependent children.

Spouses need to be married to their sponsor in an in-person ceremony. Virtual marriages are not recognized for immigration.

Common-law partners need to demonstrate that they have lived together for at least 12 months.

Conjugal partners live outside Canada and have been in a relationship for at least one year. They need to demonstrate that legal or social barriers prevent them from getting married or living together. You cannot sponsor a conjugal partner who is living in Canada.

In all cases, your partner must be over the age of 18. IRCC will check that your partner is admissible by running medical and background security checks. People with criminal convictions are often not allowed to come to Canada, but there may be options to overcome criminal inadmissibility.

The immigration officer handling your file will also want to see that you and your partner are in a genuine relationship. They want to admit people coming to Canada for family reunification and not people who are just getting married for the sole purpose of Canadian immigration.

Dependent children

Children qualify as dependents under age 22 and do not have a spouse or common-law partner. If they are age 22 or older, they may be eligible as dependents if they cannot financially support themselves because of a mental or physical condition. They have depended on their parents for financial support since before age 22.

Your child may still be dependent if they turn age 22 while their application is processed. However, they must continue to meet all the other previously-mentioned requirements until IRCC finishes processing the application.

You can sponsor your own child or your partner and their child. If you are a Canadian citizen, your child may already be a citizen even if they weren’t born in Canada. In this case, you might need to apply for a Proof of Citizenship for your foreign-born child if you have not yet done so. You do not need to sponsor your own child if they are already citizens.

If your own child does not qualify as a citizen, and you want to sponsor them without sponsoring your partner, you can name your child as the principal applicant in the application. You’ll have to demonstrate that the other parent or legal guardian agrees to allow your child to immigrate to Canada.

For those sponsoring their spouse and their dependent child, you will name your partner as the principal applicant and the child as the dependent in the application.

If a dependent child also has a dependent child (your grandchild), they can also be included in the application.

The process for sponsoring adopted children and orphaned family members is different from sponsoring your own child or your partner’s child.

Spousal, common-law, and dependent child immigration process

Two applications are required to sponsor your spouse, partner, or child: your application to become a sponsor and your family’s application for permanent residence. Both the sponsorship and permanent residence applications should be submitted together simultaneously. If you live in Quebec, there is a different sponsorship process.

The first step is to get the application package. The government provides an application guide with specific and up-to-date information and details on how to fill out forms in the complete guide. The documents required for foreign nationals will depend on residency status, where they are applying from, and maybe even travel history.

In addition to the application guides, IRCC offers a documents checklist, which shows you the forms and instructions you need for your application. This list also changes, so it is important to double-check before submitting all the documents. Again, different countries will have different form requirements.

The processing begins once IRCC receives your complete application. If the officer finds that your application is incomplete, they will return it to you, and you will have to submit it again.

IRCC has a 12-month processing standard on spousal sponsorship applications, although it may take longer. Applications for children vary by country.

IRCC asks for biometrics and a medical exam from foreign applicants during the processing period. You will have 30 days to send them in. IRCC may also ask for more information or an in-person interview.

You can track and update your application status online until IRCC decides on your application. Then, IRCC will send you instructions about the final steps the foreign spouse or common-law partner needs to take to become a permanent resident.