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Ray of Hope 109th draw

zabrodov

Hero Member
Sep 19, 2018
655
362
Gatineau
Category........
FSW
Visa Office......
Montreal
NOC Code......
4163
App. Filed.......
11-11-2018
AOR Received.
11-11-2018
File Transfer...
24-01-2019
Passport Req..
02-08-2019
LANDED..........
02-09-2019
Well, I suggest you wait of for OINP or raise the score through IELTS if there is a room for that. But spouse non-accompanying route just for the sake of getting ITA will lead to trouble in case you fail to convince the VO that you have valid reasons to leave your spouse behind. Marking a spouse non-accompanying just for getting high CRS score will be considered as misrepresentation for sure.

Just think why would thousands of married candidates wait hanging around cut-off score instead of getting ITA instatly by marking spouse as non-accompanying.
I don't think there is any law that defines the "right" and "wrong" reasons for non-accompanying family members.
 

pessacanada

Champion Member
May 5, 2017
1,190
3,099
Category........
FSW
So with every passing draw, I'm losing hope and looking for other options. Maybe some of the experts here can share some insights.

I'm at crs 429, expecting to go up to 435 within a week as soon as I get my wife's ECA. I'm 40+ and have pretty much maxed out on all the elements of the score chart so I'm not going to increase the score from here.

I'll lose points in September due to age. What are my options (if any)?
-Getting job offer from Canadian employer (so difficult);
- PNPs (no exact waiting time for that);
- learning French for a level of clb7 for 30 points as a bonus + second language points (up to you, coz you need some tine to learn but at the end you will have a bright future, it means French clb7 can open your way towards Canada but also it may give more chance in getting a good job once you're in Canada as a PR).
 

vensak

VIP Member
Jul 14, 2016
3,868
1,016
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
I don't think there is any law that defines the "right" and "wrong" reasons for non-accompanying family members.
Wrong,
Actually the wrong reasons for non-accompanying is just to get more points. from the point of view of Canada of course.
They do much prefer that your spouse speaks good English / French and has good education, so he/she can contribute well. So if it not the case you will get penalization and you need to prove, that you can manage for 2 people (and get more points). That is especially true, when your spouse is not even able to qualify if ever she / he was the main applicant.
So obviously doing that you are cheating the system. And this is of course unfair to all those that keep their spouses accompanying.

The right reasons are when for whatever reasons you do not want to separate / divorce but you want to live apart for years (not just for few months).

so you need to prove that the second point is the case.
 

zabrodov

Hero Member
Sep 19, 2018
655
362
Gatineau
Category........
FSW
Visa Office......
Montreal
NOC Code......
4163
App. Filed.......
11-11-2018
AOR Received.
11-11-2018
File Transfer...
24-01-2019
Passport Req..
02-08-2019
LANDED..........
02-09-2019
Wrong,
Actually the wrong reasons for non-accompanying is just to get more points. from the point of view of Canada of course.
They do much prefer that your spouse speaks good English / French and has good education, so he/she can contribute well. So if it not the case you will get penalization and you need to prove, that you can manage for 2 people (and get more points). That is especially true, when your spouse is not even able to qualify if ever she / he was the main applicant.
So obviously doing that you are cheating the system. And this is of course unfair to all those that keep their spouses accompanying.

The right reasons are when for whatever reasons you do not want to separate / divorce but you want to live apart for years (not just for few months).

so you need to prove that the second point is the case.
I don't think there is any kind of legal support for your point. I am not talking about fairness here, just about the legal aspect of the issue. It's not illegal to use a different route if it exists. I couldn't find any Canadian law or any mentioning of the validity of the reason for non-accompanying family members in the CIC processing manual.
 

mdilushi

Hero Member
May 25, 2017
283
37
Nomination.....
None
IELTS Request
Overall 8
So with every passing draw, I'm losing hope and looking for other options. Maybe some of the experts here can share some insights.

I'm at crs 429, expecting to go up to 435 within a week as soon as I get my wife's ECA. I'm 40+ and have pretty much maxed out on all the elements of the score chart so I'm not going to increase the score from here.

I'll lose points in September due to age. What are my options (if any)?
How about your wife's language results?
 

vensak

VIP Member
Jul 14, 2016
3,868
1,016
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
I don't think there is any kind of legal support for your point. I am not talking about fairness here, just about the legal aspect of the issue. It's not illegal to use a different route if it exists. I couldn't find any Canadian law or any mentioning of the validity of the reason for non-accompanying family members in the CIC processing manual.
And again you are mistaken:

Lets take it step by step:
1. you are assessed using this manual.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html
2. From that manual you know that you must prove, you must prove to meet CRS criteria for your draw and to maintain it until your E-AOR (until you will send out your application).
3. Your family members are still your family members regardless if they are accompanying you or not, so the exception of not recalculating points if they change their heart in the middle of the process does not apply.
4. Officer is also checking your application for misinterpretation.
https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-40.html
5. Misinterpretation is also:
for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
So in case of non accompanying spouse withholding information about true intentions of your spouse (to apply for sponsorship the moment you land and of course always having intention to immigrate). Of course with that lower score with your spouse you would be never able to get invitation for that round, so in other words by making your spouse non accompanying you claim points you should not. So at the end it would produce an error to approve an application that should have been declined.
6. If this double intention is discovered during your application, you can smooth talk yourself out of misinterpretation, but not out of points recalculation.

So yes what you discuss just for the sake to get ITA is a fraud and illegal.
 

Spotted

Hero Member
Nov 27, 2018
305
682
Kenya
Category........
FSW
Visa Office......
Case Processing Centre CPC Ottawa
NOC Code......
0014
AOR Received.
17-01-2019
Med's Done....
01-03-2019
Passport Req..
26-09-2019
And again you are mistaken:

Lets take it step by step:
1. you are assessed using this manual.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html
2. From that manual you know that you must prove, you must prove to meet CRS criteria for your draw and to maintain it until your E-AOR (until you will send out your application).
3. Your family members are still your family members regardless if they are accompanying you or not, so the exception of not recalculating points if they change their heart in the middle of the process does not apply.
4. Officer is also checking your application for misinterpretation.
https://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-40.html
5. Misinterpretation is also:
for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;
So in case of non accompanying spouse withholding information about true intentions of your spouse (to apply for sponsorship the moment you land and of course always having intention to immigrate). Of course with that lower score with your spouse you would be never able to get invitation for that round, so in other words by making your spouse non accompanying you claim points you should not. So at the end it would produce an error to approve an application that should have been declined.
6. If this double intention is discovered during your application, you can smooth talk yourself out of misinterpretation, but not out of points recalculation.

So yes what you discuss just for the sake to get ITA is a fraud and illegal.
Excellent link, thank you
 

Ambrose4045

Star Member
Nov 13, 2018
51
7
Please someone help me on this one. My wife is the primary applicant and I am the dependent. I may get an ita in the coming draw. My dad is gonna provide me the gift deed for the entire amount . So can secondary applicant proof of funds can be shown ?? If not then my second question is can father in law provide a gift deed to daughter in law directly and is this acceptable by CIC ? Please someone answer my two questions. Thanks in advance.