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.
Sponsoring parents or grandparents is a long-term financial and legal commitment. Sponsors must:
Once approved, there is no way to withdraw or cancel the sponsorship agreement after the individuals become permanent residents.
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.
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:
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.
At Kahlon Law Office, we take a strategic and proactive approach to PGP applications and PFL responses:
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Phone: +1 (647) 450-0000
Email: immlaw@akahlon.ca
Address: 200-1B Conestoga Drive, Brampton, Ontario L6Z 4N5, Canada.
Phone: +1 (647) 450-0000
Email: immlaw@akahlon.ca
Address: 200-1B Conestoga Drive, Brampton, Ontario L6Z 4N5, Canada.
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