Getting a procedural fairness letter about immigration might be a little disconcerting. It essentially indicates issues with your application that the immigration authorities have flagged and gives you an opportunity to address them. Situations like this call for applicants to act strategically and maintain composure, which is conducive to receiving the most effective results. Choosing to work with an experienced immigration lawyer is one of the most important decisions one can make going forward.
Let us discuss the critical actions to take in response to a procedural fairness letter, highlighting the critical role an accomplished immigration attorney plays in this procedure.
The Procedural Fairness Letter: An Overview
Comprehending the purpose of a procedural fairness letter is crucial for an applicant to decide on the steps to follow. A procedural fairness letter is a legal document sent by the Canadian government to a person or organization that could be directly or indirectly impacted by a decision or plan of action that is being explored.
Applicants typically receive correspondence from Immigration, Refugees and Citizenship Canada seeking further information or supporting documentation for their applications. These kinds of inquiries are sent by email or letter. These letters essentially indicate the existence of issues with one’s applications and prompt them to resolve the same.
The intention behind a procedural fairness letter is to provide the receiver with a reasonable opportunity to respond and provide any additional information that may be useful before making a final judgment.
Responding to correspondence like this is essential; failing to do so will lead to the denial of your application. Seeking legal counsel from a knowledgeable immigration attorney is strongly encouraged since failing to adequately address their concerns or provide a response might have far-reaching consequences.
Possible Reasons Behind the Issuance of a Procedural Fairness Letter
If an immigration officer has doubts about an applicant’s eligibility or certain components of their application, they may issue a procedural fairness letter that might result in a rejection or an accusation of fraud. The following are some possible issues that might result in a procedural fairness letter:
- The sincerity of your union before submitting an application for spousal sponsorship
- Medical inadmissibility in the event that the candidate or a family member travelling with them has a medical condition that is thought to place an undue burden on public services
- Criminal inadmissibility, which occurs when a major criminal charge or conviction impacts the applicant’s or their accompanying family member’s ability to enter Canada
- Intentional or unintentional provision of inaccurate information on your application, which might result in a charge of misrepresentation
- Security and human rights issues pertaining to the applicant’s prior employment with a government agency, the military, or any other group engaged in international criminal activity, terrorism, espionage, or breaches of human rights
- Issues with credibility related to work history or degree certification
Responding to a Procedural Fairness Letter
Typically, the IRCC provides you with a 30-day deadline to resolve your concerns. Your response greatly impacts how your application is handled. Thus, it is imperative that you provide all necessary supporting material and carefully considered arguments for the claim you make.
- Maintain Composure: Stress and anxiousness are common reactions for many people upon getting a procedural fairness letter. But it’s imperative that you maintain your composure. Anxiety might make it more difficult for you to react appropriately. Spend some time carefully reading the letter and comprehending the particular issues brought up by the immigration authorities.
- Assess and Understand the Problems: Examine and comprehend the issues raised in the procedural fairness letter following a consultation with your immigration attorney. To successfully respond to the specific concerns mentioned, it is imperative that you understand them.
- Compile Supporting Documentation: Collect any pertinent supporting material as soon as you have a firm grasp of the issues. This might include updated paperwork, further proof, or any other resources that help bolster your argument. Detailed and properly recorded answers can greatly increase your chances of getting the results you want.
- Seek Counsel from an Expert Immigration Lawyer: When responding to a procedural fairness letter, seeking legal counsel from a skilled immigration attorney is arguably the most crucial step. Owing to the intricate structure and complex nature of immigration law, it is difficult for individuals to comprehend and administer the same on their own. This is where a professional immigration lawyer comes into the picture with their invaluable insights and practical recommendations on how to proceed.
- Present a Comprehensive and Concise Response: An important step in the process is your reply to the procedural fairness letter. To create a thorough and understandable answer, collaborate closely with your immigration lawyer. Approach every issue with the procedure, offering elucidations, clarifications, and proof where needed. Your dedication to adhering to immigration procedures is demonstrated by the thoroughness and organization of your response.
- Observe Deadlines: Keep a close eye on the dates that the procedural fairness letter specifies. There may be negative repercussions if you submit your response beyond the deadline, as immigration procedures frequently have stringent deadlines. Your immigration attorney may assist you in adhering to deadlines and making sure that your response is received by the deadline.
- Prepare for the Next Steps: Once your response has been submitted, be prepared for potential subsequent actions. This might entail more information requests, interviews, or hearings. Your immigration attorney will advise you on how to be ready for these procedures so that you can make the strongest possible impression on the judge.
Undoubtedly, receiving a procedural fairness letter is a difficult step in the immigration process. However, you may go through it successfully if you take the appropriate strategy and work with an expert immigration attorney. An experienced immigration lawyer will be your most valuable companion on this trip, offering the knowledge and experience required to handle the intricacies of immigration processes and strive for a successful conclusion.
For expert guidance and assistance on the steps to take after receiving a procedural fairness letter from the IRCC, consider getting in touch with Immigrationway. Our team of knowledgeable legal experts has extensive expertise in analyzing and reacting to these letters. Providing a comprehensive answer can significantly impact the approval of your application. So, get in touch with us today!