Upon immigrating to Canada via Express Entry as a couple, it is essential to understand the process of listing your partner as non-accompanying: crucial details explained.
Immigration, Refugees and Citizenship Canada (IRCC) provides clarity on the partner's status in an Express Entry profile. When an Invitation to Apply (ITA) is issued, only one application moves forward, typically for the spouse with the higher Comprehensive Ranking System (CRS) score or better eligibility under a targeted draw.
When to List a Partner as Non-Accompanying
Listing a partner as non-accompanying may be necessary in certain situations, such as a change in marital status, or if the partner has no intent to immigrate to Canada at the same time as the applicant. However, it is crucial to have a legitimate reason for doing so and not to misrepresent the situation to maximise the CRS score.
Consequences of Listing a Partner as Non-Accompanying
If a partner is listed as non-accompanying, they will not be granted permanent residency at the same time as the applicant, but they must still be included in the PR application. It is important to note that listing a partner as non-accompanying may affect the candidate's chances of receiving an invitation to apply for PR through Express Entry, as the profile score under the Comprehensive Ranking System (CRS) will be calculated differently.
In addition, including a partner as non-accompanying may affect the calculation of family size for settlement funds purposes, as they are still included. IRCC routinely cross-checks information for discrepancies and scrutinizes applications with inconsistencies or omitted information.
The Importance of Accurate Information
Applicants should ensure that the information provided is consistent and avoid submitting misleading or incomplete documentation about a relationship. Declaring a partner as non-accompanying is not a means to circumvent inadmissibility issues. If a partner is deemed ineligible or inadmissible, the entire application will be rendered inadmissible.
Misrepresentation and its Consequences
If a couple intends to settle in Canada together, listing a spouse as non-accompanying constitutes misrepresentation and can lead to refusal of the PR application and a potential five-year ban on Canadian immigration. Failure to disclose a partner is considered misrepresentation and can lead to application refusal, a five-year re-application ban, or even the revocation of PR status.
Family Class Sponsorship Process
In the Family Class sponsorship process, the sponsor must remain physically present in Canada throughout the process. If the plan is for the partner to be sponsored post-landing, understanding the requirements of the Family Class sponsorship process is crucial.
Multiple Express Entry Profiles
Each partner can create their own Express Entry profile, with their partner listed as accompanying, as long as both profiles are complete, factually accurate, and there is no misrepresentation or conflicting information. Adding a partner as accompanying after submission, without a legitimate reason, may jeopardize the PR application.
Submitting Documentation
Submitting accurate documentation, such as a marriage certificate, evidence of an ongoing relationship, and a well-articulated Letter of Explanation (LoE), is essential. If a partner is listed as accompanying, they can be granted permanent residency at the same time as the applicant if the application is successful.
In conclusion, it is essential to provide accurate and consistent information when applying for Express Entry or Family Class immigration. Misrepresentation can lead to serious consequences, including application refusal and immigration bans. Always ensure that your information is factually accurate and that you have a legitimate reason for listing your partner as non-accompanying.
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