Adding Spouse to PR Application after COPR email

[Lord_Tony]

Oh ok. My wife already got PCC with my name on it. And I already submitted my PCC while applying for PR (before marriage) without spouse name on it. So I think we are good with including my wife in the application, right?

My PCCs also don't have spouse names in them both Australian and others. Is that India PCC that wants spouse name?

 

[ravivarma]

My PCCs also don't have spouse names in them both Australian and others. Is that India PCC that wants spouse name?

I am from India. Not sure if spouse name is mandatory in PCC, while applying for PCC of my spouse, we submitted our Marriage certificate as proof, so officer added it to the application as well. So we got PCC with my name on it

 

[Lord_Tony]

Make sense it looks like Indian passports and PCC are a world apart with spouses names in them, even if you don't have them updated you should be fine I doubt IRCC is going to care as most others countries don't have spouse names in passports or PCCs

 

[ravivarma]

Hi everyone,

I need some advice regarding my PR and SOWP applications. Here are the details:

• 13th Jan 2024: PR applied
• 12th April 2024: Married (Informed IRCC via web form)
• 25th April 2024: Wife applied for SOWP
• 2nd May 2024: received a COPR confirmation email (not in Canada, so I waited to enter Canada as mentioned in the email)
• 6th June 2024: SOWP rejection
• 2nd July 2024: sent webforms to IRCC to add my wife to the PR application as an accompanying partner

Please read the rejection below and answer my questions:

Rejection reason for SOWP:

I have reviewed the application.I have considered the following factors in my decision.

The purpose of the applicant's visit to Canada is not consistent with a temporary stay given the details provided in the application.

The applicant has applied for an open work permit within the International Mobility Program (IMP) (R205(c)(ii), C41) as the spouse of a work permit holder in Canada

As evidence of the relationship, the applicant has provided (1) a Certificate of Marriage issued April 22, 2024 by the office of the Andhra Pradesh Marriage Registrar, Kallur, stating that the applicant and permit holder were married on April 12, 2024 at Kallur; (2) approximately 7-8 photographs of the applicant and spouse during what is ostensibly a marriage ceremony, showing only the applicant and permit holder and a very small number of family members; (3) copies of the purported wedding invitations; and (4) selected screenshots of conversations on WhatsApp purportedly between applicant and the permit holder, most of which are very short and none of which are date-stamped in such a manner as to establish when they took place.

No documentary evidence has been provided of any contact between the applicant and the permit holder, or between their families, until immediately prior to the wedding. No evidence has been provided to show they were in a relationship before the wedding. No evidence has been provided to show they had met, knew each other, or had any contact until the period immediately prior to the wedding. The permit holder entered Canada on a study permit; and there is no evidence that he returned to India at any point prior to March/April 2024 to meet the applicant, or that he would have had the opportunity of meeting her, until the period immediately prior to the wedding or that he had any contact with the applicant by telephone or online while he was in Canada prior to March 2024.

No statements have been provided from any bank accounts held jointly by the applicant and the permit holder. No legal or civil documents have been provided that include the names of both the applicant and the permit holder and represent them as a married couple. No tax, property, or financial documents have been provided that show assets held in common. The applicant and permit holder are not noted as "spouses" on each other's passports.

Based on the evidence provided, I am not satisfied that the applicant has met her positive burden of demonstrating that she meets the definition of a "spouse" pursuant to R4(1) and that she

consequently meet the requirements of eligibility for a spousal open work permit pursuant to section 205(c)(ii) of the Regulations.

Weighing the factors in this application. I am not satisfied that the applicant will depart Canada at the end of the period authorized for their stay.

For the reasons above, I have refused this application.

Concerns:

Now, I am worried that my PR application might also get refused for similar reasons. My wife mentioned in the IMM 5669 - Background Declaration form that her Work Permit was refused and included the SOWP application number. I also included my wife's UCI number in one of the forms adding as a dependent.

We are about to submit our applications to include each other's names in our passports.

Questions:

1. What are my options to make my PR application stronger?
2. Should I submit a new web form with additional evidence such as chat screenshots with dates, call logs, more photos from the marriage with more people, photos with friends, celebration photos, flight tickets for our honeymoon, and joint account proof? Or Is my PR application (including my wife's) independent of my wife's SOWP rejection?
3. What happens if the officer does not accept adding my wife to the application while reviewing the webforms submitted?
4. What if IRCC accepts adding my wife to the PR application, starts processing it, and then is not satisfied with the proofs I provided? Will they reject the whole application or only reject my wife's PR and issue mine?

Thanks in advance for your help!

 

[iSaidGoodDay]

Hi everyone,

I need some advice regarding my PR and SOWP applications. Here are the details:

• 13th Jan 2024: PR applied
• 12th April 2024: Married (Informed IRCC via web form)
• 25th April 2024: Wife applied for SOWP
• 2nd May 2024: received a COPR confirmation email (not in Canada, so I waited to enter Canada as mentioned in the email)
• 6th June 2024: SOWP rejection
• 2nd July 2024: sent webforms to IRCC to add my wife to the PR application as an accompanying partner

Please read the rejection below and answer my questions:

Rejection reason for SOWP:

I have reviewed the application.I have considered the following factors in my decision.

The purpose of the applicant's visit to Canada is not consistent with a temporary stay given the details provided in the application.

The applicant has applied for an open work permit within the International Mobility Program (IMP) (R205(c)(ii), C41) as the spouse of a work permit holder in Canada

As evidence of the relationship, the applicant has provided (1) a Certificate of Marriage issued April 22, 2024 by the office of the Andhra Pradesh Marriage Registrar, Kallur, stating that the applicant and permit holder were married on April 12, 2024 at Kallur; (2) approximately 7-8 photographs of the applicant and spouse during what is ostensibly a marriage ceremony, showing only the applicant and permit holder and a very small number of family members; (3) copies of the purported wedding invitations; and (4) selected screenshots of conversations on WhatsApp purportedly between applicant and the permit holder, most of which are very short and none of which are date-stamped in such a manner as to establish when they took place.

No documentary evidence has been provided of any contact between the applicant and the permit holder, or between their families, until immediately prior to the wedding. No evidence has been provided to show they were in a relationship before the wedding. No evidence has been provided to show they had met, knew each other, or had any contact until the period immediately prior to the wedding. The permit holder entered Canada on a study permit; and there is no evidence that he returned to India at any point prior to March/April 2024 to meet the applicant, or that he would have had the opportunity of meeting her, until the period immediately prior to the wedding or that he had any contact with the applicant by telephone or online while he was in Canada prior to March 2024.

No statements have been provided from any bank accounts held jointly by the applicant and the permit holder. No legal or civil documents have been provided that include the names of both the applicant and the permit holder and represent them as a married couple. No tax, property, or financial documents have been provided that show assets held in common. The applicant and permit holder are not noted as "spouses" on each other's passports.

Based on the evidence provided, I am not satisfied that the applicant has met her positive burden of demonstrating that she meets the definition of a "spouse" pursuant to R4(1) and that she

consequently meet the requirements of eligibility for a spousal open work permit pursuant to section 205(c)(ii) of the Regulations.

Weighing the factors in this application. I am not satisfied that the applicant will depart Canada at the end of the period authorized for their stay.

For the reasons above, I have refused this application.

Concerns:

Now, I am worried that my PR application might also get refused for similar reasons. My wife mentioned in the IMM 5669 - Background Declaration form that her Work Permit was refused and included the SOWP application number. I also included my wife's UCI number in one of the forms adding as a dependent.

We are about to submit our applications to include each other's names in our passports.

Questions:

1. What are my options to make my PR application stronger?
2. Should I submit a new web form with additional evidence such as chat screenshots with dates, call logs, more photos from the marriage with more people, photos with friends, celebration photos, flight tickets for our honeymoon, and joint account proof? Or Is my PR application (including my wife's) independent of my wife's SOWP rejection?
3. What happens if the officer does not accept adding my wife to the application while reviewing the webforms submitted?
4. What if IRCC accepts adding my wife to the PR application, starts processing it, and then is not satisfied with the proofs I provided? Will they reject the whole application or only reject my wife's PR and issue mine?

Thanks in advance for your help!

1. The entirety of evidence of your marriage is actually poor. I'm by no means an expert, but the officer clearly says that yours is a pretend marriage based on the 7-8 photographs you've submitted. You need to convince them better. You also need to provide more proof of communication as what you've provided wasn't only insufficient, the officer couldn't verify anything due to missing timestamps. Work with a lawyer to convince them better. It isn't too hard, but your application was extremely weak.
2. For PR, you can! But you need to do #1.
3. If she's refused PR, you'll be refused PR. There's NO DIRECT REJECTION though. You'll get an ADR or worst a PFL first. If you get the former, submit evidence. If you get the later, work with a lawyer as failing to satisfy an officer with PFL will result in the officer refusing your PR.
4. Answered above.

Work with a lawyer and reapply for SOWP if you want. Else, submit a webform once your lawyer gives you their recommendations. The evidence you submitted needs to be evaluated by a lawyer to counter IRCC's claims.

 

[ravivarma]

Thanks for your suggestions.

If I am providing additonal evidences (Chat screenshots with time stamps, call logs with dates, photos from wedding with more people, pre wedding,pics with more people, friends, family, celebration, honeymoon, travel tickets, application forms of adding spouse name in Passport, letter from friends and family, )addressing all the points above, should I contact lawyer at this stage or if I get ADR or PFL

 

[iSaidGoodDay]

Thanks for your suggestions.

If I am providing additonal evidences (Chat screenshots with time stamps, call logs with dates, photos from wedding with more people, pre wedding,pics with more people, friends, family, celebration, honeymoon, travel tickets, application forms of adding spouse name in Passport, letter from friends and family, )addressing all the points above, should I contact lawyer at this stage or if I get ADR or PFL

That's your own call. None of us can tell you whether you should or shouldn't. It can be expensive and useless to hire upfront without ADR or PFL, on the other hand IRCC can end up issuing you an ADR or PFL after 3-6 months costing you time away from your wife. You'll have to take the call here.

 

[Lord_Tony]

I see the above as a case of poor judgment from the OP, The PR application is approved only as a single person, without confirming the spouse is added to the PR application why would one raise a SOWP?

Marriages that happened out of the blue with no prior documentation of relationships are often considered highly suspicious, the applicant will have to provide detailed documentation of relationships from days before the wedding also.

I'm glad that IRCC is finally catching up with these and asking for detailed documentation etc. In Australia, there was a huge bust uncovered by investigators with these fake marriages when some communities (mainly from India) brought along their cousins with these phony marriage certificates. Then in Australia they both divorce and spring different spouses later. Some have done 3-4 such cycles like a chain immigration of spouses.

 

[AishB]

My 2 cents:
- Why apply for SOWP when adding spouse to PR? This triggered the validity of your marriage.
- Provide a detailed explanation on your relationship timeline. Most arranged marriages in India come across as sudden decision to the western world but there's also a general "courtship" opportunities and engagement period. Provide proofs of those events.
And finally, do not rush just because the processing of PR will take longer due to adding spouse. This lead to the initial SOWP rejection. Adding spouse post marriage and AOR does not recalculate your CRS.

 

[ravivarma]

Update:
My timeline: CEC Inland
PR Timeline
08-Dec-2023 - ITA Received (CRS Score - 481)
13-Jan-2024 - Filed PR application
02-Apr-2024 - Received Biometrics request
11-APR-2024 - Medicals updated in GC Key, Eligibility in progress
16-APR-2024 - Medicals updated in tracker
12-APR-2024 - Got Married
18-APR-2024 - Biometrics given, eligibility passed
30-APR-2024 - Background completed
01-MAY-2024 - Final decision date appeared on GC Key
02-MAY-2024 - COPR Email (Replied same day as Married and out of Canada)
02-JUL-2024 - Sent Web forms to add a spouse to existing PR application
01-AUG-2024 - Spouse added to the Application (View dependents button appeared in GC Key) - Application sent back to in-progress
01-AUG-2024 - Spouse Medicals request(Already submitted) - raised webform attaching upfront medicals
01-AUG-2024 - Eligibility and Criminality are in Progress
02-AUG-2024 - Medicals Updated
05-AUG-2024 - Raised webforms for updated Schedule A form, Spouse's renewed passport, upfront medicals
06-AUG-2024 - Spouse Biometrics requested
09-AUG-2024 - Spouse Biometrics given and updated in GC Key
11-AUG-2024 - Eligibility, Criminality Passed, Security check in progress
16-AUG-2024 - Security Check passed, Date appeared in Final decision section on GC Key
19-AUG-2024 - Eligibility changed back to in progress

I am now worried as my eligibility status is rolled back to in progress at the final stages. Can someone tell me if this is common? cc @Lord_Tony