Failed to declare spouse and now she is not a member of family class: how to respond to this PFL?
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At a time the Permanent Residency application is processed, it is very important to declare and have the spouse examined, regardless of whether she is accompanying the principal applicant or not. Failing to declare the spouse leads to IRCC not examining the spouse at a time the permanent residency application is processed and hence the spouse does not become a member of the family class.
In simplistic term, if the husband does not include the wife during the PR application and later on wants to sponsor the wife, he will simply not be able to by law. In this circumstance, the IRCC will send a Procedural Fairness Letter (PFL) following the principle of natural justice and would expect the husband to convince the IRCC as to why she needs to be included as a member of the family class. The burden of proof, in this case, lies on the husband.
This is one of the most serious form of PFLs because if the IRCC is not convinced that the wife is indeed a member of the family class, the husband will never be able to sponsor the wife in the future. We have already made a fairly detailed YouTube video on this topic, which can be accessed through this link.
As an organization, we specialize in responding to this kind of PFLs and so far, our experience has all been positive. Our professional services fees to take up a complicated project of this nature and responding to the PFL in our legal letterhead costs CAD$ 899+13% HST. Here, we do everything for you.
Spousal or Family Class are one of the most serious and life changing applications, and if a PFL is not responded legally how it should otherwise be, it may have negative and irreperable ramifications. Hence, it is highly advisable to consultant a legal professional who is experienced in dealing with PFL related matters.
As an organization, we specialize in dealing with every minute aspect when it comes to the Procedural Fairness Letter and a Professional Consultation with Mr. Niladri Mukherjee, RCIC acts as the starting point for us to review the situation to provide case specific legal opinion.
Thank you for reading.
