Published
Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 11, 2026: IRCC’s procedural fairness instructions (modified August 29, 2023), its instructions on assessing job offers (modified September 17, 2026) and section 40 of the Immigration and Refugee Protection Act checked that day.
What it means: an officer has a concern that could lead to a refusal, or a misrepresentation finding, and is giving you a chance to answer it before deciding.
The deadline: the date in the letter. It is often short. For job offer concerns on employer-specific work permits, IRCC’s instructions give the employer 15 days.
What to do: answer every concern in the letter, point by point, with documents. This is often your best chance to change the outcome.
The lawyers who review these refusals
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
A procedural fairness letter, or PFL, is IRCC telling you, before it decides, that an officer has a concern about your application, and inviting you to respond. IRCC’s own instructions say applicants must “be informed of the decision-maker’s concerns” and “have a meaningful opportunity to provide a response”. The most serious PFLs raise possible misrepresentation, which can lead to a five-year ban. Others raise doubts about a job offer, a relationship, funds, documents or past history. Your response is part of the record the officer decides on, and part of what a court would look at later.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares responses to procedural fairness letters and challenges unfair refusals in the Federal Court; this guide is by Prabhpreet Kaur Sangha.
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Why did IRCC send me a procedural fairness letter?
Because the officer has a concern you may not know about. IRCC’s instructions require officers to tell you about outside information they rely on: if an officer uses extrinsic evidence, “they must advise the applicant of this and give the applicant an opportunity to respond to such evidence.” Concerns raised at an interview can also be put to you afterwards in a letter.
| Concern in the letter | What is at stake | Source |
|---|---|---|
| Possible misrepresentation (false or missing information) | Refusal and five years of inadmissibility | IRPA s. 40(1)(a) and (2)(a) |
| Genuineness of a job offer (employer-specific work permit) | Refusal of the work permit; the employer must answer within 15 days or the office standard | IRCC job offer instructions (Sept. 17, 2026) |
| Outside information the officer found (extrinsic evidence) | Refusal based on information you never saw | IRCC procedural fairness instructions |
| Inadmissibility, such as security, criminality or medical grounds | Refusal and a finding that can affect future applications | IRPA ss. 34–42 |
| Credibility of a relationship, documents or history | Refusal of the application | IRCC procedural fairness instructions |
How should I respond to a procedural fairness letter?
Answer the concerns the officer actually raised, each one separately, with evidence. A general statement that everything in the application was true does not answer a specific concern. Treat the response as the one document the officer, and a judge later, will read to decide whether the concern was answered.
Checklist: a strong PFL response
- A cover letter that quotes each concern in the PFL and answers it under its own heading.
- A document for every factual point: records, letters, statements, translations.
- A sworn statement or declaration where you are explaining something only you can explain.
- For misrepresentation: what was wrong, how it happened, whether it was material, and any honest mistake, with proof.
- For job offers: the employer’s own evidence, sent the way the letter asks.
- Proof of the date you sent it, and a copy of everything.
If you need more time, ask in writing before the deadline and explain why. IRCC’s instructions say that where an applicant was given 30 days to provide documents, “a negative decision should not be made before the end of the 30 day period”, but don’t assume an extension will be granted.
What if the letter raises misrepresentation?
Take it most seriously. A misrepresentation finding makes you inadmissible for five years, counted from the final determination if it was made outside Canada, or from the date a removal order is enforced if it was made in Canada (IRPA s. 40(2)(a)). Misrepresentation covers “directly or indirectly misrepresenting or withholding material facts” (s. 40(1)(a)), including facts left out of a form someone else filled in for you. Our guides on an undisclosed visa refusal and an agent who used fake documents deal with the most common situations.
What happens after I respond?
The officer decides on the full record, including your response. IRCC’s instructions say the record “must also show that the decision-maker weighed all relevant factors, including all submissions by the applicant.” If the application is refused and the reasons don’t deal with what you sent, that can be a ground for judicial review in the Federal Court, which has a 15-day deadline for decisions made in Canada and 60 days for decisions made outside Canada. See our guide to judicial review of an immigration refusal.
Why this needs a lawyer
One lawyer, one file, every step:
- reading the letter, your application and the officer’s notes;
- a point-by-point response with evidence and sworn statements;
- the legal argument on misrepresentation or inadmissibility;
- judicial review in the Federal Court if the officer refuses without dealing with your response.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.
Mistakes I have seen
- I have seen people answer a PFL with a one-paragraph apology that didn’t deal with the actual concern.
- I have seen people miss the deadline because the letter went to an old email address or a representative they no longer used.
- I have seen employers ignore a job offer letter, and the worker’s permit refused as a result.
- I have seen people withdraw an application after a misrepresentation PFL, thinking it would avoid a finding, without getting advice first.
Frequently asked questions
Does a procedural fairness letter mean I will be refused?
No. It means the officer has a concern and is required to let you answer it. A complete, documented response can resolve the concern.
How long do I have to respond?
The time in the letter. It varies by office and concern; for job offer concerns on employer-specific work permits, IRCC’s instructions say 15 days or the office standard. Ask for more time in writing before the deadline if you need it.
Can I send new documents?
Yes. The point of the letter is to let you respond, and documents are usually the strongest response.
What if I don’t respond?
The officer decides on the information already in the file, usually against you. A missed PFL is also hard to fix later in court.
Is a PFL the same as a request for more documents?
Not quite. A document request asks for something missing. A PFL tells you about a concern that could lead to a refusal or a finding against you, and gives you a chance to answer it.
Related guides
See our guides on a PFL about a non-accompanying spouse in Express Entry, a fairness letter about military service and what to do when you get a letter from IRCC.
What should I do right now?
Note the deadline in the letter. Gather your application, every document you sent and anything that answers the concern. Don’t send a quick reply: get advice first, then send one complete, documented response before the deadline.
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Sources (official)
- IRCC: Procedural fairness (modified August 29, 2023)
- IRCC: Assessing the genuineness of the offer of employment (modified September 17, 2026)
- Immigration and Refugee Protection Act, s. 40 and s. 72 (current to October 19, 2026)
This article is general information, not legal advice. Every case depends on its own facts.