why choose us
10+ Years of Litigation Experience
High success rate/Complex cases
India Office/Barrister presence
Let's win together
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Addressing Procedural Fairness Letters and Misrepresentation Bans in Canadian Immigration
What You Need to Do for a Procedural Fairness Letter
A Procedural Fairness Letter (PFL) is issued by IRCC when there are concerns about your application, such as potential misrepresentation or incomplete information. Here’s how to handle it:
1. Understand the Concerns:
- Review the Letter: Carefully read the PFL to understand the specific issues or concerns raised by the immigration authorities regarding your application.
- Identify the Issues: Determine whether the concerns relate to misrepresentation, missing documents, or other inaccuracies. If the letter is not clear or vague, you must seek clarification from IRCC or apply for the GCMS notes to understand the real concerns.
2. Gather Evidence and Prepare a Response:
- Collect Supporting Documents: Provide evidence to address the concerns raised. This could include corrected information, additional documents, or explanations for discrepancies or any bona fide/innocent reasons for the mistake made in the Application.
- Draft a Detailed Response: Write a clear and concise response to the PFL, addressing each issue raised and providing evidence to support your claims. We strongly suggest getting legal representation to draft a Canadian Affidavit to accurately present the facts. A Canadian Affidavit holds stronger evidentiary value than a simple cover letter, this will increase your chances of a successful defense and make your judicial review application in Federal Court much stronger. Always prepare for the worst, because you will not get a chance to give new evidence in Federal Court in case a ban is imposed against you by IRCC.
3. Submit Your Response:
- Timely Submission: Ensure that your response is submitted within the deadline specified in the PFL. If it is not practical to do so, retain Fateh Law Corporation and we will seek an extension of time for you to properly and effectively represent your case.
- Complete Documentation: Include all necessary documentation and any additional evidence that supports your case.
4. Await Further Communication:
- Monitor the Status: After submission, keep track of any further communication from immigration authorities and be prepared to provide additional information if requested.
Understanding Misrepresentation and Its Consequences
- Misrepresentation under Section 40 of the Immigration and Refugee Protection Act involves providing false or misleading information or withholding material facts that could affect the outcome of your application. This can be a direct or an indirect misrepresentation. The Immigration Act (IRPA) has increased the ban for misrepresentation from 2 to 5 years.
Examples of Misrepresentation:
- Failing to disclose a visa refusal from another country
- Submitting forged or non – genuine documents
- Omitting family members from the application
- Claiming false employment experience
- Obtaining permanent residence through a non – genuine marriage
- Using a ghost or a non registered consultant for your Application
Misrepresentation carries severe consequences, including a significant 5 years ban on reapplying, making it crucial to ensure accuracy in all information provided. Sometimes, even your spouse in Canada will become inadmissible for Permanent Residence because of your ongoing misrepresentation ban.
Why You Need an Experienced Canadian Immigration Lawyer (Barrister)
Expert Guidance:
- Understanding Complexities: An Immigration Lawyer (Barrister) can help you navigate the complexities of responding to a Procedural Fairness Letter and addressing any issues of misrepresentation.
- Precise Documentation: They ensure that all documentation is accurately prepared and presented to address the concerns raised effectively.
- Judicial Review in Federal Court: In the event of a refusal and an implantation of a misrepresentation ban you will have the option of challenging the misrepresentation ban in the Federal Court of Canada.
Legal Expertise at Fateh Law Corporation:
- Handling Misrepresentation: If faced with allegations of misrepresentation, Fateh Law Corporation can provide expert advice on how to challenge or clarify the accusations, mitigating the risk of a lengthy inadmissibility ban.
- Responding to PFLs: Fateh Law Corporation will help you craft a strong and comprehensive response to the Procedural Fairness Letter, improving the chances of a favorable outcome.
Representation and Advocacy:
- Effective Communication: An Immigration Lawyer (Barrister) will represent your interests and communicate effectively with immigration authorities, ensuring that your case is presented in the best possible light. A well drafted Canadian Affidavit can go a long way in effectively and powerfully communicating your case.
- Mitigating Risks: They can assist in minimizing potential legal repercussions and navigating any appeals or additional steps if necessary.
Increased Success Chances:
- Strategic Approach: Their experience increases the likelihood of resolving issues and overcoming challenges, ensuring that your application process proceeds smoothly.
Dealing with a Procedural Fairness Letter or facing allegations of misrepresentation in your Canadian immigration application is a serious matter. These issues can significantly impact your ability to remain in or enter Canada, and handling them incorrectly can lead to extended bans or application rejections.
Why Engage Our Services
- Expert Handling of PFLs: Our experienced team will expertly navigate the complexities of responding to Procedural Fairness Letters, ensuring your response is accurate and compelling.
- Addressing Misrepresentation: If you’re facing accusations of misrepresentation, we provide strategic guidance and effective solutions to address these allegations and reduce potential consequences.
- Efficient and Effective Representation: With our assistance, you’ll ensure that your case is presented clearly and professionally, improving your chances of a favorable outcome and minimizing risks.
- In case of a Refusal or Ban Implementation: Mr. Fateh will represent your case in the Federal Court of Canada and directly challenge and argue your matter.
Choose our legal expertise to protect your interests and effectively resolve any issues with your immigration application. Let us manage the legal intricacies while you focus on your future in Canada.
why choose us
10+ Years of Litigation Experience
Hight success rate/Complex Cases
India Office/Barrister Presence
Let's win together
Please feel free to contact us. We will get back to you with 1-2 business days. Or just call us now.
Our Client Reviews
I met with Fateh sir and i got to know about it through Instagram. Sir is very humble and polite and have a great knowledge about canadian visa and immigration process so, if you have any queries kindly contact him.
Very good. That's what Sir, I found something very bad, that's what I wanted to say, when the refusal came in the file, then I must see it once, Navratan Sir.
My husband is in Canada on a work permit and I wanted to apply for a spouse visa for myself and a study visa for my son. We say that the processing times have increased to 6.5 months. My husband had applied through Mr. Fateh and we had full faith in him. He offered us a discount because we were existing clients and did my details affidavit with my application. He also gave legal submissions and added all evidence to our file. I was surprised when I got a call from Monika that both our files had been approved within 2 months. I am very very happy with their services and I would highly recommend them to anyone looking for good quality and a Canadian lawyer in India. Priya maam and Monika provided regular updates and I always felt that I was a top priority in the office. I rate them a full 5 stars.
Best service received. Very professional and expert in the field of immigration law. My wife is in Canada and I wanted to apply for a spouse visa. My case was very complicated and all consultants said that they did not know how to deal with my case or that I had no chance of approval. I knew my case was complicated and anyone who is not a lawyer will not be able to understand it. My wife was searching for a Barrister in Canada but it was very difficult to explain my case because I was in India and they were in Canada. Then I found Mr. Fateh in India. He had dealt with complicated cases like mine before and had also won them in federal court. My case was so difficult but Mr. Fateh spent many hours getting my Canadian affidavit ready which explained my entire case. With his legal submissions everything was done to perfection. Normal spouse visa takes 5 months and I was sure my case would take 1 whole year. I was surprised and full of happiness when my spouse visa was approved within 2 months. I would like to give Fateh law office 5 stars for excellent service and highly recommend Fateh sir because of his experience in Canadian law. They are the best law firm for immigration in India.
I had been wanting to go meet my brother in Canada, but I had been refused twice for a visitor visa, thankfully this time I took the services of Fateh Law Corporation who not only did my application but also took my case to the court when I was refused and got a settlement to reopen my file . Despite the settlement, my file did not reopen and the team at Fateh Law Corporation went to court again and filled a mandamus case and because of this pressure, IRCC reopened my file, and I got my visa. I feel lucky that I chose a Fateh Law Corporation for my file, and I am very thankful for the work they did. I would highly recommend them to anyone looking for genuine immigration advise.
I had been wanting to visit Canada and meet my brother who is a Canadian Citizen but unfortunately had been refused a Visa saying that my assets were not enough even though I had enough money as per my CA report. I luckily found out about Fateh Law Corporation. They applied with a perfected application but unfortunately, I was refused again. The advantage of hiring Fateh Law Corporation came in here because as a law firm they were able to challenge the decision in Court and I successfully got a visa after IRCC settled with us seeing my strong case. It was a long battle in court but we eventually won. I couldn’t be happier with the good Work done by Mr. Fateh and his team. Having a Canadian Lawyer here in India is very helpful and I would urge anyone who has been refused a Canadian Visa to take the services of Fateh Law Corporation and engage a lawyer instead of random consultants.
We are highly satisfied with the services of Fateh Law Corporation.We are thankful to Mr. Navratan Singh Fateh for getting our TRVs approved.We had a complicated immigration history in the US, which was very well explained in the Canadian Affidavit executed by Mr. Fateh.The legal strategy used by Mr. Fateh to submit our applications is commendable, and we are pleased with the positive outcome we have received from having our applications approved in the first go.We highly recommend the professional services rendered at Fateh Law Corporation and the polite and friendly staff who patiently handled all our queries and helped us secure our visitor visas in time to participate in the wedding ceremony of the devotees.
