“I’ve received a letter from IRCC. The Officer has serious concerns about my application to sponsor my husband, and I have 30 days to respond.”
Immigration, Refugees and Citizenship Canada (IRCC) conduct fewer interviews than they did in the past — especially in cases of Spouses, Partners, or Children being sponsored from Outside of Canada. Officers are still very serious that Canada’s immigration laws are followed. What is most common is that letters are sent to applicants expressing specific concerns and indicating that they are prepared to make a decision to refuse the application.
What is a Procedural Fairness Letter?
This is called a Procedural Fairness Letter. This is an important concept in Canadian Administrative Law — a Decision Maker should share specific concerns with an applicant so that the applicant has an opportunity to address those concerns before a final decision is made.
“This is a VERY serious letter. We can be retained by clients who had applied on their own if they receive these letters. Time is of the essence, and you need someone that understands the Immigration and Refugee Protection Act inside and out.”
Why Are These Letters Issued?
It is very important to understand the legal test behind the Officer’s concerns and be able to quickly organize a strong package of evidence to show why your application should be approved. These letters are sent about a variety of concerns:
- The genuineness or legality of a couple’s marriage (alleged marriage of convenience).
- Previous or current misrepresentation in immigration history.
- Concerns regarding inadmissible applicants or dependents (medical, criminality, security).
- Inconsistent relationship timelines, conflicting statements, or lack of joint cohabitation evidence.
There will not usually be a chance after this to sit in front of an Officer and answer their concerns in person.
Immediate Action Required
If you receive a letter like this, you cannot delay. Deadlines are strict (usually 30 days). You should seek advice from an authorized RCIC-IRB consultant as soon as possible about the best way to move forward.
Christopher Daw
BA, RCIC-IRB, Commissioner of Oaths — Managing Director
Christopher has represented clients in nearly every Canadian immigration stream since 2001. A former board member of CAPIC and ICCRC, he also teaches Immigration Law at Queen's University.
