Procedural Fairness Letter from IRCC: How to Respond

How a procedural fairness letter works

1Officer has a concernEligibility, admissibility or credibility
2IRCC sends a letterThe concern, the law and a deadline
3You gather evidenceDocuments that answer each concern
4You reply on timeUpload or send as instructed
5Officer decidesApproval, refusal or further steps

Overview

Procedural fairness is a legal duty that IRCC officers must follow throughout the decision-making process. IRCC's program delivery instructions say applicants must get a fair and unbiased assessment, be told about the decision-maker's concerns and have a meaningful opportunity to respond. The duty applies to every type of immigration and citizenship application.

A procedural fairness letter is how officers usually meet that duty in writing. IRCC lists sending one, if concerns exist or persist, among the steps in processing temporary resident visa, permanent residence and citizenship applications. IRCC has told Parliament that applicants are informed of admissibility concerns through a procedural fairness letter before a final decision and can provide more information at that time.

Inadmissibility after a misrepresentation finding: 5 years
Sets the deadline and how to reply: Your letter
To seek Federal Court leave after a refusal: 15 or 60 days

A common mistake is to treat the letter as a request for one more document. It is not. It means the officer has a specific concern that could lead to a refusal, and your response may be your last chance to answer it before a decision. A reply that does not deal with the concern leaves it unanswered.

A procedural fairness letter is not a refusal

No decision has been made yet. The letter exists so that you can answer the concern. Read it closely, note the deadline, and reply with evidence.

Who it fits

A good fit if

IRCC sent you a letter saying it has concerns about your application and inviting you to respond.
The letter mentions misrepresentation or section 40 of the Immigration and Refugee Protection Act (IRPA).
The letter says you may be inadmissible, for example for criminality or another ground in IRPA.
An officer doubts that a document, job, relationship or other part of your application is genuine.
An interview raised new concerns and the officer asked for a written answer afterwards.

Look elsewhere if

IRCC only asked for a missing document without raising a concern. Follow the instructions for submitting requested documents.
IRCC has already refused your application. Read about reapplying, reconsideration and judicial review. Specialized Immigration Needs
You want to see the officer's notes first. You can request them, but do not let the request delay your reply. GCMS notes
You are a permanent resident in Canada facing an inadmissibility report and hearing. Admissibility hearings

What the letter can be about

The letter must convey the essence of the officer's concern and tell you which provisions of the law are at issue. It does not have to include the documents the officer looked at. These are the main kinds of concerns.

Concern	What it means	Legal provision
Misrepresentation	Directly or indirectly misrepresenting or withholding material facts that could cause an error in applying the law. This includes false information given by a representative.	IRPA section 40(1)(a)
Other inadmissibility	Grounds such as security, criminality, organized criminality, health, financial reasons or non-compliance with the Act	IRPA sections 34 to 42
Eligibility	Doubts that you meet a program requirement, for example the duties or genuineness of your work experience, a job offer or your funds	The program's rules in IRPA and its Regulations
Information from other sources	The officer relies on evidence that did not come from you, including from IRCC partners, and must let you respond to it	Procedural fairness duty
Concerns after an interview	New concerns that came up at an interview, answered at the interview or later by letter	Procedural fairness duty
Duty to answer truthfully	You must answer truthfully and give the documents an officer reasonably requires	IRPA section 16(1)

The response deadline

No single deadline applies to every letter. The letter itself states how much time you have and how to submit your response. Plan to send your reply well before the last day.

IRCC's instructions protect that period. When an applicant has been given a set time, for example 30 days, to provide documents, a negative decision should not be made before the period ends, even if some documents have already arrived.

If you need more time

IRCC's general instructions for requested documents say you must explain why you cannot meet the deadline and should include proof that you tried. Send the request by uploading it in your account in the spot for the requested document, by following the contact instructions in the letter, or through IRCC's web form. Ask early. IRCC will tell you if you cannot have more time, and you should send what you have as soon as you can. Do not assume an extension has been granted.

Step by step

1
Read the letter carefully
Write down each concern, the section of the law it cites, the deadline and the method IRCC wants you to use for your reply. Officers are told to say which documents may be needed to address their concerns.
2
Check what IRCC already has
Review copies of everything you submitted. If you want the officer's notes, you can make a Privacy Act request, but IRCC has 30 days or more to answer, so it may not arrive in time.
3
Gather evidence for each concern
Collect documents that answer each point directly: records from employers, banks, schools, courts or government offices, with an English or French translation, an affidavit from the translator and a certified copy of the original for any document in another language.
4
Write a clear response
Answer each concern in order, in plain language, and refer to the attached documents. Be truthful and complete. If something in your application was wrong, explain what happened and why, rather than leaving it out.
5
Submit it as the letter instructs
Upload it in your online account in the spot for the request, or use the method in the letter. If you have a question about the request, IRCC suggests writing a letter and uploading it into the slot for that document. Keep the confirmation.
6
Watch for further contact
The officer may decide, ask for more information, invite you to an interview, or send a new letter if the file moves to a different officer.

What is at stake: misrepresentation

Misrepresentation letters need the most care because the consequences go beyond one refusal. IRCC's instructions say a person should always be given the opportunity to respond to concerns about a possible misrepresentation, and that the standard of proof is a balance of probabilities.

5-year inadmissibilityUnder section 40(2)(a) of IRPA, you stay inadmissible for 5 years from a final determination made outside Canada, or from the date a removal order is enforced if the determination was made in Canada.
No permanent residence application during the barSection 40(3) says a foreign national found inadmissible for misrepresentation may not apply for permanent resident status during those 5 years.
Family membersUnder section 42 of IRPA, if you apply for permanent residence and you are found inadmissible, your accompanying family members are also inadmissible, and you are inadmissible if an accompanying family member is. For temporary residence applications, this rule applies only to security, human or international rights violations, sanctions and organized criminality grounds, not to misrepresentation.
Misrepresentation by a representative still countsIRPA covers indirect misrepresentation, so false information supplied by someone acting for you can lead to a finding against you. You are responsible for everything in your application.
Citizenship applicationsUnder section 22 of the Citizenship Act, an applicant who misrepresents cannot be granted citizenship, and IRCC's instructions say the prohibition lasts for 5 years after the finding.
OffencesKnowingly misrepresenting is also an offence under section 127 of IRPA. Under section 128, on conviction on indictment, the maximum is a fine of $100,000, 5 years in prison, or both.

Common refusal reasons

These problems can lead to a refusal after a procedural fairness letter.

No response, or a response sent after the deadline without an agreed extension.
A reply that disagrees with the officer but does not deal with the specific concern in the letter.
Statements without documents to support them.
New explanations that contradict earlier forms, interviews or documents, which can deepen a credibility or misrepresentation concern.
Leaving a material fact out again, such as a past refusal or a family member, after the officer has raised it.
Sending the response to the wrong place or in a different way than the letter asked, which can delay it.

What happens next

After the deadline, the officer assesses your response together with the whole file. If the concern is resolved, processing continues. If not, IRCC refuses the application, and the refusal must give reasons that cite the provisions of the law relied on. Most refusals now come with an officer decision note.

Options if IRCC refuses after a procedural fairness letter
	Federal Court judicial review	Immigration Appeal Division appeal	Reapply
Who it is for	Most applicants, once any right of appeal is used	Some sponsors, and permanent residents or permanent resident visa holders facing a removal order	Applicants not barred by a misrepresentation finding
Time limit	Leave within 15 days (decision in Canada) or 60 days (outside Canada)	Set by the Immigration Appeal Division rules	Any time, unless a bar applies
Limits	A lawyer or you yourself; consultants cannot appear	No sponsorship appeal for misrepresentation unless the person is the sponsor's spouse, partner or child	After misrepresentation, wait 5 years before a permanent residence application

For a permanent resident in Canada, a misrepresentation concern can also lead to an inadmissibility report and a hearing before the Immigration Division of the Immigration and Refugee Board, with a possible appeal to the Immigration Appeal Division.

Frequently asked questions

It is a letter that tells you an officer has a concern that could lead to a refusal, and gives you a chance to respond before the decision. It must convey the essence of the concern and the provisions of the law at issue. It is not a refusal.

The deadline is the one stated in your letter; there is no single period for every case. IRCC's instructions say that when you are given a set time, such as 30 days, no negative decision should be made before it ends. Send your reply well before the last day.

You can ask, and it is best to ask early. IRCC's general instructions say to explain why you cannot meet the deadline and include proof that you tried, sending the request through your account, the letter's instructions or IRCC's web form. IRCC will tell you if you cannot have more time, so do not assume an extension.

You become inadmissible to Canada for 5 years under section 40 of the Immigration and Refugee Protection Act, and you cannot apply for permanent residence during that time. The 5 years run from the final determination if it was made outside Canada, or from the enforcement of the removal order if it was made in Canada.

Yes. The law covers indirect misrepresentation, including information given by a representative on your behalf. IRCC says you are responsible for all information in your application, even if your representative completes it. Always read your forms before they are submitted.

You can, but a Privacy Act request can take 30 days or more, which may be longer than your deadline. The letter should already describe the concern. Respond on time, and ask for more time before the deadline if you truly need it.

A clear answer to each concern in the letter, in the order raised, with documents that prove what you say. Translations are needed for documents not in English or French. Be truthful and complete, and submit it exactly as the letter instructs.

Most applicants have no appeal, but can ask the Federal Court for leave for judicial review within 15 days (decision in Canada) or 60 days (outside Canada). Some sponsors and permanent residents can appeal to the Immigration Appeal Division. Immigration consultants cannot appear in the Federal Court.

Official sources

We checked this page against these official sources on the review date above. Rules change often, so confirm with the official source before you apply.

This page is general information, not legal advice. No immigration outcome can be guaranteed. For advice on your situation, book a consultation with a licensed consultant.