Immigration Corner | When immigration raises a red flag

Dear Miss Powell,

My daughter was applying for a work permit, and says that she has received something called a “procedural fairness letter.” What does this mean, and what should she do? Your urgent response is appreciated.

TP

Dear TP,

When a parent hears the words procedural fairness letter, it is natural to feel alarmed. I often hear from parents at this exact stage, worried that a refusal has already been issued. It has not.

A procedural fairness letter is Immigration, Refugees and Citizenship Canada (IRCC) advising your daughter that the officer has concerns about her application and intends to refuse it unless those concerns are properly addressed.

This is a serious letter and must be treated with urgency. These letters come with strict deadlines, often measured in days rather than weeks. Immigration timelines do not pause because an applicant is outside Canada, waiting for documents, dealing with holidays, or relying on others to provide information. For this reason, your daughter should seek the assistance of an experienced Canadian immigration lawyer immediately.

WHAT IS A PROCEDURAL FAIRNESS LETTER?

In practical terms, a procedural fairness letter gives an applicant one final opportunity to respond before a negative decision is made. Canadian law requires immigration officers to give applicants a fair chance to address concerns that could affect the outcome of their application.

The letter will usually outline specific issues such as eligibility for the work permit, credibility, insufficient or inconsistent documentation, employment intentions, or past compliance with immigration rules.

What matters most is what the letter says in your daughter’s particular case. Procedural fairness letters are not generic. The response must directly address the exact concerns raised by the officer. This means answering questions clearly, submitting relevant supporting documents, and focusing strictly on the issues identified. Emotional explanations or repeating information already submitted, without addressing the concern, will not be sufficient.

WHAT IT IS NOT

It is equally important to understand what a procedural fairness letter is not. It is not a refusal, but it is often the step immediately before one. It is not something to ignore or put aside, and it is not an invitation to “take a chance” or wait and see what happens.

Once the deadline passes, the officer is entitled to make a decision based solely on the information already on file.

As a parent, your role is to encourage your daughter to take this letter seriously and act promptly. While you cannot respond on her behalf, you can support her by helping to organise documents, urging her to obtain proper legal advice, and reminding her that delay can cause lasting damage to her immigration history.

When handled carefully and on time, a procedural fairness letter can prevent serious consequences. When ignored or mishandled, it can affect future immigration applications for years to come. Prompt action and clear, well-prepared responses truly matter.

Deidre S. Powell is a lawyer, mediator, and author of Tell Me a Story, Grandma. Connect with her on Facebook or at www.deidrepowell.com. WhatsApp/ Tel: 613-695-8777.