Spouse inclusion - EE application query

[uxd]

Sorry guys, I think this is a re-post but I am still searching for an answer.

So here is my situation - me and my spouse are both in Canada with work permit until Mar'16. Can I mention that spouse not coming to Canada and get my points increased to 477 from current 457 - thereby high chances of getting ITA in next few draws. And once I get PR ( within 6 - 7 months - Dec/Jan), I would apply for spouse sponsorship (I'm working and would be able to show funds) and since she has her OWP until Feb'16, so we would be able to extend her wp further, based on the sponsorship application and implied status (spouse in Canada waiting for PR result).

Is this a good plan :-\ ? Anyone in the same situation? Any thoughts?

 

[Asivad Anac]

If you're married, you'll have to say you're married whether the spouse accompanies you immediately or not. The points are calculated differently for married applicants. The only way a married applicant can get up to 40 additional points is by showcasing their spouse's education, language skills or Canadian work experience.

I don't see how you'll get 20 points by implying that your spouse isn't coming to Canada - Unless you're trying a potential double misrepresentation. By claiming you're single and also claiming your spouse isn't coming to Canada while they are already there.

 

[uxd]

If you're married, you'll have to say you're married whether the spouse accompanies you immediately or not. The points are calculated differently for married applicants. The only way a married applicant can get up to 40 additional points is by showcasing their spouse's education, language skills or Canadian work experience.

I don't see how you'll get 20 points by implying that your spouse isn't coming to Canada - Unless you're trying a potential double misrepresentation. By claiming you're single and also claiming your spouse isn't coming to Canada while they are already there.

EE counts your points out of 600 if you apply alone even though you mention that you are married (because your spouse "isnt coming" so her points are not counted. Similarly your total points get divided (560 for you + 40 for spouse) when you show that both you and spouse are coming to Canada. So yes you can increase your points if you are the only one in application even if you mention that you are married.
But I want to know whether I can do that (as mentioned in my original post).

Actually how I understood "spouse is/isn't coming" with you is - whether you want to include your spouse in the application right now or whether you plan to invite her later through spousal/family sponsorship after you get your own PR.

 

[Asivad Anac]

No.

Whether the spouse accompanies immediately or within 1 year, EE calculates points for married applicants in the same manner. Single applicants can score up to 600/600. Married applicants can score only up to 560/600 if they do not claim any points for their spouse (education, language, Canadian work ex factors).

Bottom line, you can't get those 20 points. And you don't have a 'choice' to include your spouse in your application. If you're married, you declare that truthfully and the spouse is automatically included along with kids, if any. What you have a choice for is if they will accompany you right away or not.

 

[uxd]

No.

Whether the spouse accompanies immediately or within 1 year, EE calculates points for married applicants in the same manner. Single applicants can score up to 600/600. Married applicants can score only up to 560/600 if they do not claim any points for their spouse (education, language, Canadian work ex factors).

Bottom line, you can't get those 20 points. And you don't have a 'choice' to include your spouse in your application. If you're married, you declare that truthfully and the spouse is automatically included along with kids, if any. What you have a choice for is if they will accompany you right away or not.

I am not sure what you are saying is true because I have calculated my points on CIC CRS tool considering both cases. And it is showing me an increase of 20 points when I chose I am married but spouse is not coming. Imagine why would CIC force your spouse to come with you? Your spouse should have her say in whether she wants to get PR afterwards or at the same time when you apply for the first time.

Moreover, I don't think CIC's CRS calculator is calculating it wrongly.

 

[Asivad Anac]

This is my limited theoretical understanding of the process and I leave it to other members (with spouses) who have actually tried this and got ITAs to comment on this topic further.

All the best!

 

[Asivad Anac]

I am not sure what you are saying is true because I have calculated my points on CIC CRS tool considering both cases. And it is showing me an increase of 20 points when I chose I am married but spouse is not coming. Imagine why would CIC force your spouse to come with you? Your spouse should have her say in whether she wants to get PR afterwards or at the same time when you apply for the first time.

Moreover, I don't think CIC's CRS calculator is calculating it wrongly.

Your point of view does appear valid but my argument still stands. I'm not sure if it is an altogether legitimate standpoint to claim that your spouse isn't accompanying you to Canada while they're actually already in the country. It does appear to be deliberate misrepresentation to get additional points. To me, at least.

 

[nuksyed]

Does a canadian spouse count in this case? Will that add to CRS points?

 

[uxd]

Your point of view does appear valid but my argument still stands. I'm not sure if it is an altogether legitimate standpoint to claim that your spouse isn't accompanying you to Canada while they're actually already in the country. It does appear to be deliberate misrepresentation to get additional points. To me, at least.

Thanks for replies Asivad.
Actually there is a difference between spouse coming "with PR" permanently and "with trv". "Coming with you" should mean coming permanently after getting PR. IMO, spouse can still visit you while you wait for your PR, isn't it? So would it still count as coming with you? I doubt that. Any clue on how I can verify this with cic? Contact number?

 

[uxd]

Does a canadian spouse count in this case? Will that add to CRS points?

There is a calculator : http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

I no idea whether having a Canadian spouse or Foreign spouse matters. If you don't include your spouse in your EE app, you should get points out of full 600. And this is even if you show married which you should obviously mention ! ;D