Parents and Grandparents program

Parents and Grandparents program

Canada’s PGP program allows eligible Canadian citizens and permanent residents to bring their parents and grandparents to Canada as permanent residents. However, many applicants face complex challenges during the process, including receiving a Procedural Fairness Letter (PFL) due to missing documents or financial eligibility concerns.

At Kahlon Law Office, we specialize in handling PGP applications, ensuring accuracy from the start and providing expert legal representation in responding to PFLs, refusals, and financial eligibility issues.

What does it mean to be a sponsor?

Sponsoring parents or grandparents is a long-term financial and legal commitment. Sponsors must:

  • Sign an undertaking to provide financial support for 20 years (10 years for Quebec residents).
  • Ensure that the sponsored individuals do not rely on social assistance.
  • Meet Minimum Necessary Income (MNI) requirements for the past three tax years.

Once approved, there is no way to withdraw or cancel the sponsorship agreement after the individuals become permanent residents.

What are common reasons for Procedural Fairness Letters (PFLs) in PGP applications?

A Procedural Fairness Letter (PFL) is issued by Immigration, Refugees, and Citizenship Canada (IRCC) when an officer identifies a potential reason for refusal in an application.

While IRCC officers are not legally required to issue a PFL before refusal, they often do so to allow applicants a chance to clarify discrepancies, provide missing documents, or prove financial eligibility.

1. Incomplete Forms and Missing Documents:

Many applicants receive a PFL due to missing, incomplete, or incorrectly filled-out forms. The PGP process requires extensive supporting documents, and even small errors can result in a PFL or outright refusal.

Case law on this subject:
In Asem v. Canada (2021 FC 1204), the Federal Court ruled that an application cannot be refused due to minor document deficiencies unless IRCC provides the applicant an opportunity to submit additional evidence. This highlights the importance of responding to PFLs promptly and correctly.

  • Conducting a thorough review of all forms and supporting documents.
  • Assisting clients in gathering missing documents and submitting legal explanations for any discrepancies.
  • Citing case law and legal precedents to ensure fairness in processing.

2. Failure to Meet Minimum Necessary Income (MNI) Requirements:

The most common reason for PFLs in PGP cases is financial ineligibility. Sponsors must demonstrate sufficient income for the past three tax years to prove they can support their parents or grandparents.

A PFL may be issued if:

  • The Canada Revenue Agency (CRA) Notice of Assessment (NOA) shows insufficient income.
  • The family size is miscalculated, affecting the income requirement.
  • The sponsor recently lost a job or has inconsistent earnings.

Case law on this subject:
Singh v. Canada (2023 FC 541) emphasized that temporary financial hardship (e.g., due to COVID-19) should not automatically lead to refusal. Sponsors must provide strong evidence of financial stability to secure approval.

How can Kahlon Law Office help?

  • Assessing financial eligibility before application submission.
  • Assisting clients in providing additional financial evidence, including co-signer support.
  • Preparing legal submissions citing precedents to request reconsideration if the MNI is close to meeting the requirement.

How Kahlon Law Office handles PFLs and sponsorship challenges?

At Kahlon Law Office, we take a strategic and proactive approach to PGP applications and PFL responses:

  •  Pre-Application Review – Ensuring that all forms, documents, and financial proofs meet IRCC’s strict requirements.
  •  Expert PFL Responses – Drafting strong legal responses with supporting case law and evidence to address concerns.
  •  Appeals and Reconsiderations – If an application is refused, we assist with judicial reviews and reapplications.
  •  Alternative Options – Super Visa – If sponsorship is not feasible, we help clients secure a Super Visa, allowing parents and grandparents to stay in Canada for up to five years per visit with two-year extensions.

Why choose Kahlon Law Office for your PGP matter?

  • Proven Success Rate – Successfully handled complex PGP cases involving PFLs, refusals, and appeals.
  • Strong Legal Representation – Our lawyers build compelling arguments using case law, financial evidence, and expert legal submissions.
  • Timely and Efficient Service – We understand that PFL deadlines are strict, and we ensure fast and effective responses.