Spousal Sponsorship- Family Class- After PR EE

[muslahit]

Hi everyone, I am sponsoring my Spouse and dependent child. I got my PR under FSW last year. I had my CRS above cut off by 50 points and declared my spouse and child as non-accompanying due to personal reasons(we were expecting another child). Now that I am sponsoring my family after 1 year of my PR. It would be helpful to know:

• Has anyone here gone through a similar process?
• Did you face any ADR (Additional Document Request)?
• How was your overall timeline and outcome with IRCC?

 

[muslahit]

From what I've seen online, IRCC is really being more strict on those that listed spouses/kids as non-accompanying and then try to sponsor them not too long after. Applicants realized their spouse was making them not meet the cutoff, and then they'd use the non-accompanying route in order to make it (which would be misrepresentation). In fact, people are not just getting adr, but even pfl in cases like these as well (again, not sure how much this is happening, but there have been scenarios). I'm not sure what reasoning you submitted with your original application for why they were non-accompanying, but it may be a good idea to consult a lawyer or consultant to ensure you don't put your own PR at risk as well. Just to make sure everything matches up, and that you have proper proof if you are requested to explain why they would not have accompanied you. I hope this is helpful.

Thank you for your response. In our case, listing them as accompanying would increase my overall score. Anyways, I had my CRS well above the cut-off. This is helpful.

 

[armoured]

From what I've seen online, IRCC is really being more strict on those that listed spouses/kids as non-accompanying and then try to sponsor them not too long after. Applicants realized their spouse was making them not meet the cutoff, and then they'd use the non-accompanying route in order to make it (which would be misrepresentation). In fact, people are not just getting adr, but even pfl in cases like these as well (again, not sure how much this is happening, but there have been scenarios). I'm not sure what reasoning you submitted with your original application for why they were non-accompanying, but it may be a good idea to consult a lawyer or consultant to ensure you don't put your own PR at risk as well. Just to make sure everything matches up, and that you have proper proof if you are requested to explain why they would not have accompanied you. I hope this is helpful.

I've not seen yet the scenario where someone after landing is accused of misrepresentation or received PFL for then deciding to sponsor a non-accompanying family member. If there are such cases, please share.

What we have seen more of - definitely - is reports of IRCC basically not allowing / recalculating points for those whose spouse and/or children are already in Canada while the PA applies for PR. (Put more simply, those gaming the points by excluding spouses who clearly do intend to eventually become PRs - although I use 'gaming' without negative implication, my view is IRCC should just make clear rules on this).

So IMO this does not apply to above case - it wasn't raised when the OP applied and became a PR. (Although not clear whether the spouse was in Canada). I think can go ahead and sponsor.

 

[muslahit]

Thank you. The spouse was not in Canada. That's what I thought too. Saw someone said something in a group chat and wanted to clarify. I am yet to see an example that someone is referring to.

 

[canuck78]

Thank you. The spouse was not in Canada. That's what I thought too. Saw someone said something in a group chat and wanted to clarify. I am yet to see an example that someone is referring to.

Is your spouse not in Canada now? When did your spouse leave Canada during PR process and how soon after you received eCOPR did they return? Did you ever get a PFL? There is no mention of your child needing to be sponsored so they must have given birth in Canada

 

[muslahit]

Is your spouse not in Canada now? When did your spouse leave Canada during PR process and how soon after you received eCOPR did they return? Did you ever get a PFL? There is no mention of your child needing to be sponsored so they must have given birth in Canada

No they never entered Canada and in home country during my application and still there. No.

 

[susanmark]

I've not seen yet the scenario where someone after landing is accused of misrepresentation or received PFL for then deciding to sponsor a non-accompanying family member. If there are such cases, please share.

What we have seen more of - definitely - is reports of IRCC basically not allowing / recalculating points for those whose spouse and/or children are already in Canada while the PA applies for PR. (Put more simply, those gaming the points by excluding spouses who clearly do intend to eventually become PRs - although I use 'gaming' without negative implication, my view is IRCC should just make clear rules on this).

So IMO this does not apply to above case - it wasn't raised when the OP applied and became a PR. (Although not clear whether the spouse was in Canada). I think can go ahead and sponsor.

Hi, I recently obtained my Permanent Residency in Canada through Express Entry and am now looking into sponsoring my spouse under the Family Class. I have a few questions and would really appreciate any guidance from those who have gone through the process. How long does the spousal sponsorship typically take after PR? Are there any specific documents or requirements that differ because I obtained PR through Express Entry? Are there common pitfalls or delays I should watch out for? Any advice, tips, or personal experiences would be really helpful. Thank you!

 

[brittanyatk13]

I've not seen yet the scenario where someone after landing is accused of misrepresentation or received PFL for then deciding to sponsor a non-accompanying family member. If there are such cases, please share.

What we have seen more of - definitely - is reports of IRCC basically not allowing / recalculating points for those whose spouse and/or children are already in Canada while the PA applies for PR. (Put more simply, those gaming the points by excluding spouses who clearly do intend to eventually become PRs - although I use 'gaming' without negative implication, my view is IRCC should just make clear rules on this).

So IMO this does not apply to above case - it wasn't raised when the OP applied and became a PR. (Although not clear whether the spouse was in Canada). I think can go ahead and sponsor.

Oh, sorry. Maybe I misunderstood what someone else had wrote, and it was the scenario of it being BEFORE landing. Or maybe it is as mentioned above, as the person was trying to declare non-accompanying while the partner is in Canada.

 

[brittanyatk13]

I'll go ahead and delete my original reply, just in case it is confusing to someone else.

 

[brittanyatk13]

I've not seen yet the scenario where someone after landing is accused of misrepresentation or received PFL for then deciding to sponsor a non-accompanying family member. If there are such cases, please share.

What we have seen more of - definitely - is reports of IRCC basically not allowing / recalculating points for those whose spouse and/or children are already in Canada while the PA applies for PR. (Put more simply, those gaming the points by excluding spouses who clearly do intend to eventually become PRs - although I use 'gaming' without negative implication, my view is IRCC should just make clear rules on this).

So IMO this does not apply to above case - it wasn't raised when the OP applied and became a PR. (Although not clear whether the spouse was in Canada). I think can go ahead and sponsor.

Just to clarify, they won't recalculate points then if the original applicant has already landed and they didn't issue pfl in original pr application? I saw someone in another group saying they were going to land and then apply for the pr of their spouse a couple months after (who they had listed as non-accompanying). To me, something like that would seem like a flag for misrepresentation or recalculation, but maybe that is not how it works!

 

[muslahit]

Oh, sorry. Maybe I misunderstood what someone else had wrote, and it was the scenario of it being BEFORE landing. Or maybe it is as mentioned above, as the person was trying to declare non-accompanying while the partner is in Canada.

Oh, sorry. Maybe I misunderstood what someone else had wrote, and it was the scenario of it being BEFORE landing. Or maybe it is as mentioned above, as the person was trying to declare non-accompanying while the partner is in Canada.

How can someone sponsor spouse before landing? Am I missing some information here?

 

[brittanyatk13]

@muslahit As in it was during the application process (receiving pfl). I went back and looked at an article someone had quoted, and it was actually referencing pfl during the app process of EE, not app process of spousal. So they had not already landed.

 

[muslahit]

Thank you for your response. Yes that is my understanding too.
Please do share if you have any additional information.

 

[brittanyatk13]

How can someone sponsor spouse before landing? Am I missing some information here?

I think the "before landing" could also reference reversals after something like p1/p2. But again, this would be related to EE applications it seems, not issues with spousal. I messaged the original person that had mentioned the reversals for spousal to see if they had a source, but I didn't hear back yet. It seems it is safe to apply, as long as the original reason they were listed as non-accompanying is truthful and makes sense to the story of your spousal application.

 

[brittanyatk13]

Thank you for your response. Yes that is my understanding too.
Please do share if you have any additional information.

I will share if I do find any cases. But it seems if there are any out there, it'd be rare, and they are most likely applicants who did do something untruthful in the original application, and now have a sponsorship relationship story that doesn't line up.