August 2018 AOR - join here
- Thread starter andy108
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It is not. However, be aware that it could create a major complication later on for the spouse on grounds of misrepresentation. When a person chooses a spouse to be “non accompanying” simply to get a higher score (score manipulation), this gives rise to a situation where the spouse would later have to be sponsored.
When you sponsor your spouse at a later date, the IRCC may enquire as to why the spouse wasn’t originally not included on your EE application. When you choose your spouse as non-accompanying, you need to provide the reason to do so.
When you sponsor them later, the IRCC evaluates whether the sponsorship is reasonable in light of the reason you “originally” provided. If they suspect that you chose your spouse to be “non-accompanying” simply to manipulate the scoring system, the sponsorship application may be rejected.
If the spouse applies for EE independently later on, the same question arises. In her EE application, the spouse will have to disclose that her husband is in Canada and is a PR. That is a question on the application.
When her application is evaluated, she might be questioned as to why she wasn’t included on the original EE application of her husband.
My attorney had given me multiple warnings about this when I had chosen my spouse as “non-accompanying”. Which is why, the minute I got confirmation from her employer that she can be moved to their Canadian office, I added her to my own application.
To be clear, my attorney has dealt with cases where spousal sponsorships or independent EE applications of spouse at a later stage have been denied because of suspected misrepresentation by the IRCC. To prove that you had a legit reason, you have to provide evidence and quite often that is hard to provide, especially when you did not have a legit reason in the first place to keep your spouse as “non accompanying”.
Hope this is clear now. It is not an “offence” to have spouse as “non accompanying”. But it is certainly grounds for rejection of spousal sponsorship or independent EE application of the spouse on account of misrepresentation. Misrepresentation has serious consequences and your spouse may eventually have trouble emigrating.
To be clear, not everyone gets rejected if they file spousal sponsorship later on. Many applications do succeed. But there are also some which do not succeed. There is no guarantee of how this plays out. If you are willing to take the risk of your spouse getting stuck in a different country, you may go ahead and make your “non accompanying” decision simply to manipulate scores. It is your choice - and please make an informed decision rather than asking snarky rhetoric questions.
Hope this helps. If you’re thinking of score manipulation by flipping between “accompanying” and “non accompanying”, please consult a proper lawyer to understand the consequences. I don’t suggest you do this via online forums or via “immigration agents”. You need an actual attorney for this kind of decision. Someone who can represent you in case an appeal needs to be filed for rejection of spousal sponsorship later on.
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Lol but isn't that legal. It's just more quirky pathway to permanent residence. This reason for refusing such application is just weak imo.
It’s legal. But LATER ON, it may become a ground for “misrepresentation” - and your spouse will face the consequences.
The “quirky way” may create trouble later on. If you are willing to take the risk, by all means no one can stop you. Just be aware of the possible consequences.
Whether the reason is weak or not is the IRCC’s decision and rejections on these grounds do happen - although not frequently. Ask a bunch of good lawyers, they’ll tell you they have clients who have dealt with this scenario. Case in point. I did have a junior at college who tried this stunt and got caught in the loop of his spousal application being questioned. He had to engage an attorney to take up his case and after a lot of back and forth and a lot of uncertainty, they eventually managed to get her sponsored.
Engaging an attorney for appeals at that stage is way more expensive.
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Personally I don't see any "misrepresentation" in such case. Sure if you lie about the reason why doesn't your spouse accompany you then it is misrepresentation. But if you are making it clear (for IRCC) that you are moving to Canada alone because you lack extra points in your score and planning to apply for sponsorship later is by common sense not misrepresentation. If it is for IRCC then I find it controversial.
I don't need too, we are applying together
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Unfortunately, it doesn’t work that way. Stating the reason as “I lack points and so will apply for sponsorship later on” does actually lead to complications on your own application itself. If you’d like, I can connect you to someone who did exactly this - and got an outright rejection.
However, he wasn’t debarred for misrepresentation since he did not misrepresent. He was able to apply the same year again after improving his score after re-taking the IELTS. I’d have to check with him if he’s willing to jump on to this forum to share his experience.
As of today, he is in Canada. But not using the application that said “I don’t have enough points so I won’t add my spouse.”
He got in on a fresh application, with spouse included and a higher score after re-taking the IELTS.
Personal opinions of what you think is right or wrong don’t dictate how your application is processed. Those decisions are done in light of rules - and the rules are not in our control.
This is good bro. Well done!!Hey!
I would like to share some numbers and will be backing it with data.
DISCLAIMER: this is my observation based on the data posted on Canada.ca and Canadavisa.com. All I am trying to do is put some rest to speculations with numbers.
The numbers are rounded.
2015 -
ITA - 31,000
Visa issued 16,600
2016
ITA - 34,000
Visa issued 37,000
2017
ITA - 86,000
Application :
Received 110,000
Approved 96,000
Visa issued 93,500
2018
ITA - 82,000 till 28 Nov.
Let’s add 25,000 applicants more based on past 2017 trend (application received > ITAs for the year)
By the way 16,500 ITAs were issued in last 3 months of 2017 So buffer added here too as 90 days are given to submit applicans.
We have around 107,000 submitted applicants (this number is on the higher side as it didn’t exclude those who won’t submit and counts ALL those who received ITA 3900 in last draw)
Conclusion:
1. We are yet to reach last years application received as of today.
2. Let’s say if the number of ITAs issued is going to increase by 4000 with every draw and if we add ITAs from next 2 draws which can happen this month (3900*2)= 8000 approximately(buffer added).
Total ITAs by Dec should be 90,000.
90,000(2018) - 86,000(2017) = 4000.
3. They have issued 93,500 last year and we are yet to see 2 more draws I don’t think they exceeded their quota so far. Also,if you will check table 7 of Express entry year end report 2017 they had issued more visas in Q3 and Q4.
4. From 2016 to 2017 they were able to transition from 37,000 visa to 93,500 visas, I think they approved number won’t be that huge for 2018 compared to 2016-2017.
Didn’t they plan to do this for next 2 more years.
So, in short we are fine.
Links:
See table 7
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/express-entry-year-end-report-2017.html
End of the page past 4 years ITA
https://www.canadavisa.com/express-entry-invitations-to-apply-issued.html#gs.UG9Ujms
If I made some mistake please let me know
You got a 4th Ghost update??!!! :OGood news buddy .. even I got ghost update yesterday
