Procedural Fairness Letter- JO is not Genuine

[Kumud]

Hire a good lawyer to help you respond. It's definitely not a straight forward case. Good luck.

Hi @scylla, You meant an immigration lawyer and not an RCIC consultant, right? We have connected with an RCIC consultant who responded in the positive to help, so I thought of having your opinion before entering into a retainer.

 

[Naturgrl]

Hi @scylla, You meant an immigration lawyer and not an RCIC consultant, right? We have connected with an RCIC consultant who responded in the positive to help, so I thought of having your opinion before entering into a retainer.

You want an immigration lawyer for a PFL, not a consultant. Most consultants are not great and have knowledge of the law to respond to PFL. For PFL, costs may be around $5k. Employer will have to pay for new doctor notes and assessments. If reason is the job offer is not genuine, employer should be paying the fees, or almost all of it.

 

[Kumud]

You want an immigration lawyer for a PFL, not a consultant. Most consultants are not great and have knowledge of the law to respond to PFL. For PFL, costs may be around $5k. Employer will have to pay for new doctor notes and assessments. If reason is the job offer is not genuine, employer should be paying the fees, or almost all of it.

Hi @Naturgrl, Thank you so much for helpful information. Much appreciated. Have a great weekend.

 

[scylla]

Hi @scylla, You meant an immigration lawyer and not an RCIC consultant, right? We have connected with an RCIC consultant who responded in the positive to help, so I thought of having your opinion before entering into a retainer.

IMO you need a lawyer. This is too complex for an immigration consultant. We see far too much bad work by immigration consultants here.

 

[Kumud]

IMO you need a lawyer. This is too complex for an immigration consultant. We see far too much bad work by immigration consultants here.

Thanks Scylla. The employer is now looking for a good immigration lawyer in Edmonton, AB. The employer shared that they missed out to specifically mention about duties and hours after school ends. The caregiver will have to pick up the patient as well after school and continue to be with her until late afternoon/evening. They will discuss this with the lawyer on how to address this lapse.

 

[scylla]

Thanks Scylla. The employer is now looking for a good immigration lawyer in Edmonton, AB. The employer shared that they missed out to specifically mention about duties and hours after school ends. The caregiver will have to pick up the patient as well after school and continue to be with her until late afternoon/evening. They will discuss this with the lawyer on how to address this lapse.

Good luck and let us know how it goes.

 

[canuck78]

Thanks Scylla. The employer is now looking for a good immigration lawyer in Edmonton, AB. The employer shared that they missed out to specifically mention about duties and hours after school ends. The caregiver will have to pick up the patient as well after school and continue to be with her until late afternoon/evening. They will discuss this with the lawyer on how to address this lapse.

If responsible for after school care that would be a part-time job.

 

[CanGoldDigger]

If responsible for after school care that would be a part-time job.

Unless she works 6-8 hours a day / 30-40 hours a week, then it could be counted as full-time.

 

[Kumud]

Unless she works 6-8 hours a day / 30-40 hours a week, then it could be counted as full-time.

Thanks @canuck78 & @CanGoldDigger for your inputs

 

[Hummingbird89]

I believe that IRCC also accepts proof of pregnancy so if your family member is expecting and they want you to care for the new bundle of joy, then you can provide supporting docs for that.

 

[Kumud]

GCMS note says the employer's spouse is not working full-time or could be working part-time. So, the officer is not satisfied that a full-time caregiver is required. Hench, the PFL.
Will it help if the spouse writes a letter and shares employment offers she received but cannot commit to? She has a previous employment offer. What can help us respond to the PFL adequately in light of the above concern? We must respond to the PFL by 18 Jan 2025. @scylla @Naturgrl and others please help.

(By the way, the employer also updated the daily work schedule after school hours and received a revised note from the physician mentioning the requirement for a full-time caregiver. Shall we upload these documents too?)

 

[Naturgrl]

GCMS note says the employer's spouse is not working full-time or could be working part-time. So, the officer is not satisfied that a full-time caregiver is required. Hench, the PFL.
Will it help if the spouse writes a letter and shares employment offers she received but cannot commit to? She has a previous employment offer. What can help us respond to the PFL adequately in light of the above concern? We must respond to the PFL by 18 Jan 2025. @scylla @Naturgrl and others please help.

(By the way, the employer also updated the daily work schedule after school hours and received a revised note from the physician mentioning the requirement for a full-time caregiver. Shall we upload these documents too?)

What does the lawyer say because advised to do so.

So if not working but needs a full time caregiver now then explain why? Why do they need an F-T caregiver now if parent doesn’t work? Isn’t the child 12 years old so the parents can document the care she has received from others over the years while the parents worked. She cannot have just required full time care at this age but has probably needed it since birth. So parents can include respite caregivers, daycares, after school cares. If child is in school then how full time. Show that parents posted jobs for caregivers over the years with no sucess.

The spouse cannot all of sudden in one day be employed. Plus IRCC wants to see past longer term employment with paystubs. How can you have employment offers just sitting around? When did the parent last work…last year or has never worked? What is the spouse’s occupation? If a professional like a nurse then show provincial license, education and past employment letters within the past 5 year. She wants to show that she has been employed recently.

 

[scylla]

GCMS note says the employer's spouse is not working full-time or could be working part-time. So, the officer is not satisfied that a full-time caregiver is required. Hench, the PFL.
Will it help if the spouse writes a letter and shares employment offers she received but cannot commit to? She has a previous employment offer. What can help us respond to the PFL adequately in light of the above concern? We must respond to the PFL by 18 Jan 2025. @scylla @Naturgrl and others please help.

(By the way, the employer also updated the daily work schedule after school hours and received a revised note from the physician mentioning the requirement for a full-time caregiver. Shall we upload these documents too?)

I would provide whatever info you can. I'm not a lawyer so work closely with your lawyer. Good luck.