How We Successfully Addressed a Unique Procedural Fairness Letter (PFL) in a Canadian Experience Class Application
In a recent Canadian Experience Class (CEC) permanent residence case, our team received a Procedural Fairness Letter (PFL) from Immigration, Refugees and Citizenship Canada (IRCC). This notice required urgent clarification and additional evidence on three main points:
Historical visa refusals from multiple countries.
Proof of Canadian work experience and income.
An undisclosed visa refusal from over a decade ago.
Despite the complexity — including missing historical records and a refusal dating back more than ten years — we successfully navigated the PFL process. Ultimately, the response resulted in a positive outcome for the client, allowing the permanent residence application to proceed.
1. Responding to IRCC’s Request on Past Visa Refusals
IRCC Concern:
Records showed that both applicants had prior refusals from the United States and other countries. IRCC requested refusal reasons, documentation, and a summary of all past travel-related decisions.
Our Response Strategy:
Sworn Declarations: Prepared statutory declarations detailing the refusal history to the best of the applicants’ recollection.
Proactive Document Retrieval:
Submitted FOIA requests to U.S. immigration authorities using passport numbers to trace refusal records.
Contacted the UK, French, Swedish, Italian, and Polish consular offices for guidance on retrieving records without reference numbers.
Attached proof of correspondence and payment confirmations where applicable.
Time Extension Request: Requested an additional 30 days to obtain the documentation due to the age and difficulty of record retrieval.
Outside Counsel Preparedness: Indicated willingness to retain legal assistance in the respective countries if needed.
2. Addressing an Omitted Visa Refusal
IRCC Concern:
A Swedish visa refusal from over 10 years ago was missing from the current PR application but had been declared in earlier temporary resident applications.
Our Response Strategy:
Explained it was an innocent mistake, not an attempt to mislead.
Cited Berlin v. Canada (2011 FC) and other Federal Court precedents confirming that genuine errors, when disclosed in other applications, may not constitute misrepresentation.
Highlighted that the refusal had been documented in past IRCC submissions, showing no intent to conceal information.
3. Proving Canadian Work Experience
IRCC Concern:
IRCC requested proof of income, T4 slips, and pay records to verify Canadian work experience for Comprehensive Ranking System (CRS) points.
Our Response Strategy:
Provided T4s, selected paystubs (first, mid-term, last), and bank statements showing salary deposits for both employers (names redacted for confidentiality).
Explained gaps in older bank records due to account closure, with a plan to retrieve statements from the bank within 30 days.
Clarified minor administrative changes (such as company name registration and address updates) to avoid confusion.
Demonstrated full-time employment with overtime, strengthening the CRS work experience claim.
4. Recognizing the Client’s Role as a Frontline Healthcare Worker
We highlighted the applicant’s contributions as a frontline healthcare worker during the COVID-19 pandemic. We referenced Mohammed v. Canada (2022 FC 1), where the Federal Court acknowledged the moral debt owed to immigrants who risked their health in essential roles.
5. Maintaining Transparency and Legal Compliance
Our PFL response was built on:
Full disclosure of all facts.
Documented evidence to support each claim.
Legal precedent to strengthen arguments.
Clear timelines for providing outstanding information.
✅ The Outcome
Our detailed, transparent, and well-supported PFL response was accepted by IRCC, and the client’s permanent residence application moved forward successfully. This case demonstrates that with the right strategy, legal references, and proactive communication, even complex PFLs can be resolved positively.
