non-accompanying spouse in Express Entry

[DorianCarlmikael]

Hi everyone,

Been reading a lot about express entry and spousal sponsorship but still have some doubts as I read many different things.
Our situation is if we apply with him coming with me we have only 467 points which is very low, if I apply as single I would have 493, but it is my understanding that if I apply as single it is misrepresentation and won't be able to sponsor him for 3 years and might lose my PR.
So here are my questions:

1) If I apply with my common-law partner as non-accompanying, will I get more points in my Express Entry application?
2) Will I be able to sponsor my common-law partner once I receive the PR card if I were to be accepted?
3) As I will be in Canada while my common-law is in Brazil (we are already living more than one year together and have civil union certificate, proof of address to prove it), but how will I prove that if then I will have to stay 6 months in Canada until I get the PRC (we won't be together for 6 months then)
4) Can my common law partner come with a tourist visa while I am waiting for the PRC (or waiting for his sponsorship)?

Thanks in advance.

Dorian

 

[istari]

Hi everyone,

Been reading a lot about express entry and spousal sponsorship but still have some doubts as I read many different things.
Our situation is if we apply with him coming with me we have only 467 points which is very low, if I apply as single I would have 493, but it is my understanding that if I apply as single it is misrepresentation and won't be able to sponsor him for 3 years and might lose my PR.
Firstly, if you are caught intentionally misrepresenting yourself, being unable to sponsor your spouse for 3 years is not the penalty; the penalty is that you will be banned from Canada for 5 years.

So here are my questions:

1) If I apply with my common-law partner as non-accompanying, will I get more points in my Express Entry application?
Yes, your points will be calculated as if you were single.

2) Will I be able to sponsor my common-law partner once I receive the PR card if I were to be accepted?
I believe so, but you really ought to read more about spousal sponsorship on the CIC website.

3) As I will be in Canada while my common-law is in Brazil (we are already living more than one year together and have civil union certificate, proof of address to prove it), but how will I prove that if then I will have to stay 6 months in Canada until I get the PRC (we won't be together for 6 months then)
You only have to prove that you've lived together for 1 year up until you receive ITA and submit your eAPR.

4) Can my common law partner come with a tourist visa while I am waiting for the PRC (or waiting for his sponsorship)?
Maybe.
CIC is more likely to reject his application for a tourist visa if you are living in Canada, because they think there is an increased chance that he may try to stay in Canada illegally once his visa expires.

Thanks in advance.

Dorian

 

[jes_ON]

Been reading a lot about express entry and spousal sponsorship but still have some doubts as I read many different things.
Our situation is if we apply with him coming with me we have only 467 points which is very low,

467 points is not very low, it is a very good score, and earlier in the year would have been good enough for an ITA. It is possible that the CRS threshold will drop again (impossible to say for sure, though).

istari has provided good answers to your specific questions. But I would urge you to re-consider - it is MUCH easier to immigrate together, if that is your ultimate goal. You could end up separated for years if you go the "not accompanying" route.

Have you done everything to maximize your partner's points? (e.g. IELTS exam, ECA). And yours?

 

[DorianCarlmikael]

467 points is not very low, it is a very good score, and earlier in the year would have been good enough for an ITA. It is possible that the CRS threshold will drop again (impossible to say for sure, though).

istari has provided good answers to your specific questions. But I would urge you to re-consider - it is MUCH easier to immigrate together, if that is your ultimate goal. You could end up separated for years if you go the "not accompanying" route.

Have you done everything to maximize your partner's points? (e.g. IELTS exam, ECA). And yours?

Thank both of you for the answer.

My partner is studying for the IELTS at the moment, but with his level, I think at most it will get us 12 more points. Immigrating together would be the ideal, and I will wait a bit more, but as a plan be I was considering doing the non-accompanying route. As I read it is about 6 month to receive the PR and If I sponsor him directly it's another 9 months. Long time indeed but if I see the CRS doesnt drop I might have no choice

Thanks again for the answer

 

[istari]

Thank both of you for the answer.

My partner is studying for the IELTS at the moment, but with his level, I think at most it will get us 12 more points. Immigrating together would be the ideal, and I will wait a bit more, but as a plan be I was considering doing the non-accompanying route. As I read it is about 6 month to receive the PR and If I sponsor him directly it's another 9 months. Long time indeed but if I see the CRS doesnt drop I might have no choice

Thanks again for the answer

Did you score maximum on IELTS ? Will earning another year of work experience gain you more points ? Have you looked into PNP ?
The CRS is expected to drop in the next couple of months. If I were you, I would create an EE profile with the 467 points, and wait until January. If the score hasn't dropped by then, and you can't increase you CRS anymore, then consider your other options.

The general guide on this forum is that sponsoring your spouse takes 18+ months, not 9.

 

[indcan86]

It depends on how you answer the questions in the EE profile and the subsequent application.

If you state you are single when in fact you are married, this is clearly misrepresentation. It will lead to you being unable to sponsor your spouse ever.

But you can state that you are married, and then indicate your spouse would not accompany you to Canada. This is completely fine, and it would lead to you being assessed as if you were single.

The consequences of doing this are, as has already been discussed, that your spouse will not become a PR and you will have to sponsor him later.

where can I state that my wife is not accompanying. When creating the profile, it asks for just married or not.