Reconsideration OF PR Application After Refusal Because of Accompanying Spouse

[ahsan_cse2004]

Hi Experts,

I came to Canada on a closed work permit with my spouse and two daughters. They have been here in Toronto since Dec 3, 2021. My wife is on Open Work Permit while my daughters(4 & 5) are on student visitor records.

After receiving the ITA, I applied for my express entry CEC PR application on Aug 14, 2023, indicating that my spouse will not be accompanying me while my daughters will be part of the PR application. Yesterday IRCC rejected my application saying

Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you indicated: In your Express Entry profile, your initial Comprehensive Ranking System (CRS) score was based on your declaration to have you Spouse as ‘Non-Accompanying’. However, at the date of your application for permanent residence (14AUG2023), you have updated the status of your Spouse as ‘Accompanying’ which resulted in a change to your CRS score. I also note that you have not provided sufficient credentials for your Spouse to acquire additional CRS points. This change in your qualifications resulted in a loss of points that brought your rank below the lowest ranking person who was invited to apply in your draw, under the Express Entry Comprehensive Ranking System.


I think this is purely an oversight at the end of the Visa processing officer. I don't remember that I ever mentioned that my spouse would be accompanying me on this PR application. At the most, I might have misunderstood some of the application form fields and instead listed my spouse there because they asked for my family details. Not sure, if it confused the officer. In fact, I supported it with a letter of explanation while applying that my spouse will not be part of this application but I will sponsor her after my successful PR application.

Does it matter that my wife is in Canada with me now and I did not include her in my PR application?

What are the options for me now? Should I go for the reconsideration? How can I apply for reconsideration? What happens if the reconsideration is unsuccessful? How many times I can apply for reconsideration?

Thank you

 

[Chasechs]

We will start to see more decisions like these as people try the outsmart the system by claiming spouse as non-accompanying when they are already in Canada. I am not sure there is an oversight, the instructions says you changed the spousal option in your application and the only one confused here is probably you. Hard to keep the application straight when you are wiggling around your spouse's status. Your only option is to resubmit the application and this time tell a consistent story about your spouse.

 

[scylla]

Hi Experts,

I came to Canada on a closed work permit with my spouse and two daughters. They have been here in Toronto since Dec 3, 2021. My wife is on Open Work Permit while my daughters(4 & 5) are on student visitor records.

After receiving the ITA, I applied for my express entry CEC PR application on Aug 14, 2023, indicating that my spouse will not be accompanying me while my daughters will be part of the PR application. Yesterday IRCC rejected my application saying

Immigration, Refugees and Citizenship Canada (IRCC) invited you to apply for permanent resident status based on the qualifications you claimed in your Express Entry profile. In your Express Entry profile you indicated: In your Express Entry profile, your initial Comprehensive Ranking System (CRS) score was based on your declaration to have you Spouse as ‘Non-Accompanying’. However, at the date of your application for permanent residence (14AUG2023), you have updated the status of your Spouse as ‘Accompanying’ which resulted in a change to your CRS score. I also note that you have not provided sufficient credentials for your Spouse to acquire additional CRS points. This change in your qualifications resulted in a loss of points that brought your rank below the lowest ranking person who was invited to apply in your draw, under the Express Entry Comprehensive Ranking System.


I think this is purely an oversight at the end of the Visa processing officer. I don't remember that I ever mentioned that my spouse would be accompanying me on this PR application. At the most, I might have misunderstood some of the application form fields and instead listed my spouse there because they asked for my family details. Not sure, if it confused the officer. In fact, I supported it with a letter of explanation while applying that my spouse will not be part of this application but I will sponsor her after my successful PR application.

Does it matter that my wife is in Canada with me now and I did not include her in my PR application?

What are the options for me now? Should I go for the reconsideration? How can I apply for reconsideration? What happens if the reconsideration is unsuccessful? How many times I can apply for reconsideration?

Thank you

I would speak with a lawyer. It sounds like you changed the status of your spouse towards the end of processing to accompanying. I'm not sure the fact this was unintentional is relevant. Important to thoroughly read the forms you are completing.