Spouse Not Accompanying being in Canada already

[sponsort]

@legalfalcon In cases where we've applied for PR marking inland spouse as "Non-Accompanying Spouse" to obtain more points , in which stage would IRCC decline/refuse the application if they were to? My eligibility is recommend pass. Should I still be worried?

 

[caipsnotes]

@legalfalcon In cases where we've applied for PR marking inland spouse as "Non-Accompanying Spouse" to obtain more points , in which stage would IRCC decline/refuse the application if they were to? My eligibility is recommend pass. Should I still be worried?

As a general statement an application can be declined/refused at any of the stages https://bit.ly/37nCTJD

Eligibility is the most important stage in the process, you need to see why it's only recommended pass at this time?

 

[sponsort]

As a general statement an application can be declined/refused at any of the stages https://bit.ly/37nCTJD

Eligibility is the most important stage in the process, you need to see why it's only recommended pass at this time?

I understand an application can be refused at any stage. My question was if in that particular case I mentioned fell under the eligibility stage.

I also understand that when eligibility is "Recommended Pass", it means a case analyst has reviewed the case and recommends a pass to the main IRCC officer who should after that proceed with the case analyst recommendation of which they usually do.

 

[caipsnotes]

I understand an application can be refused at any stage. My question was if in that particular case I mentioned fell under the eligibility stage.

I also understand that when eligibility is "Recommended Pass", it means a case analyst has reviewed the case and recommends a pass to the main IRCC officer who should after that proceed with the case analyst recommendation of which they usually do.

Got it. See the reason for the recommended pass in the Notes section, what does it say? Since it's recommended pass you are likely in good shape.

 

[sponsort]

Got it. See the reason for the recommended pass in the Notes section, what does it say? Since it's recommended pass you are likely in good shape.

I dont have any notes. I learnt it's a recommended pass when I rang IRCC and an officer/agent told me.

Thanks anyway.

 

[Abandesha]

Do we need marriage certificate from india if spouse is included in the express entry. Applicant is in Canada but spouse is in india
Anyone knows?

 

[sponsort]

Do we need marriage certificate from india if spouse is included in the express entry. Applicant is in Canada but spouse is in india
Anyone knows?

You do

 

[caipsnotes]

I dont have any notes. I learnt it's a recommended pass when I rang IRCC and an officer/agent told me.

Thanks anyway.

Request your GCMS notes in that case, it's free if you are inland.

 

[legalfalcon]

@legalfalcon In cases where we've applied for PR marking inland spouse as "Non-Accompanying Spouse" to obtain more points , in which stage would IRCC decline/refuse the application if they were to? My eligibility is recommend pass. Should I still be worried?

All application go through the following:

R10
Medicals
Criminality
Eligibility
Security

1. If your application is incomplete, without explanation, it can be rejected for incompleteness at R10 See stages of an application https://bit.ly/3v10OZm
2. If you or any family member (accompanying or not) in your application is inadmissible due to medicals, your application will be refused. See https://bit.ly/3cxnr0w
3. If you or any family member (accompanying or not) in your application is inadmissible due to serious criminality, your application will be refused
4. During Eligibility, it is ascertained that what you claimed in your profile based on which you were issued an ITA, you have met that criteria by submitting the requested documents. The eligibility criteria if assessed, and is called A11.2. To read on how applications are assessed for A11.2 see 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
Eligibility takes place in 2 stages, to read on this and how your GCMS notes will look, see my previous post at #4,004
5. Finally, after eligibility is passed, it is ascertained that no family member is inadmissible sue to A35/37 of IRPA, i.e. security / human rights violations. To read on security and how it is done, see https://bit.ly/3apWglN

At each stage, you have to meet a different criteria. As long a you meet them, it does not matter whether your spouse is accompanying or not, except when all family members declared in the application are evaluated for inadmissibility, specifically for medicals, criminality and security.

Hope this helps!

 

[sponsort]

Request your GCMS notes in that case, it's free if you are inland.

I will. Thank you.

 

[sponsort]

All application go through the following:

R10
Medicals
Criminality
Eligibility
Security

1. If your application is incomplete, without explanation, it can be rejected for incompleteness at R10 See stages of an application https://bit.ly/3v10OZm
2. If you or any family member (accompanying or not) in your application is inadmissible due to medicals, your application will be refused. See https://bit.ly/3cxnr0w
3. If you or any family member (accompanying or not) in your application is inadmissible due to serious criminality, your application will be refused
4. During Eligibility, it is ascertained that what you claimed in your profile based on which you were issued an ITA, you have met that criteria by submitting the requested documents. The eligibility criteria if assessed, and is called A11.2. To read on how applications are assessed for A11.2 see 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
Eligibility takes place in 2 stages, to read on this and how your GCMS notes will look, see my previous post at #4,004
5. Finally, after eligibility is passed, it is ascertained that no family member is inadmissible sue to A35/37 of IRPA, i.e. security / human rights violations. To read on security and how it is done, see https://bit.ly/3apWglN

At each stage, you have to meet a different criteria. As long a you meet them, it does not matter whether your spouse is accompanying or not, except when all family members declared in the application are evaluated for inadmissibility, specifically for medicals, criminality and security.

Hope this helps!

Thank you.
So basically, it doesn't really matter if the spouse is inland AND stated as "non accompanying" in the application as long as both meet all criteria, correct?

 

[legalfalcon]

Do we need marriage certificate from india if spouse is included in the express entry. Applicant is in Canada but spouse is in india
Anyone knows?

The marriage certificate is required form where the marriage was registered. Does not matter which country as long a the certificate is in English or French, or has a translation.

 

[legalfalcon]

Thank you.
So basically, it doesn't really matter if the spouse is inland AND stated as "non accompanying" in the application as long as both meet all criteria, correct?

Yes, each stage has a separate criteria, some applicable only to PA, some for all individuals in the file. And it does not matter whether the non accompanying spouse is inland or outside Canada.

If you spouse is not accompanying, the only things that changes is the CRS, but apart from that whether accompanying or not, all individuals in the application, are subject to medical, criminal and security.