With or Without spouse

[Dexmoody]

She will need to be listed as non-accompanying, and examined for inadmissibility (background check, etc.). If she is not, she becomes ineligible for sponsorship. This is how people get in trouble - they don't list their spouses on the application, and then they get banned.

The ministerial instructions for express entry (http://www.cic.gc.ca/english/department/mi/express-entry.asp) state that the points depend on whether or not you have an accompanying spouse. If she's non-accompanying, your points will be your own, not the ones for both of you.

Be aware that there can be delays in processing, and that criminality can make her ineligible in situations where a Permanent Resident would not.

OP's post is more than 1 year old, so I guess it doesn't make a whole lot of sense debating his specific situation.

Just for the record and the benefit of Prats6:

It is fine to name your spouse in your application, but list her as non-accompanying. This is not misrepresentation, and it will not prevent you from sponsoring your spouse later. The upside is higher CRS points (potentially), but the downside is that the spouse has to go through family sponsorship which can take a long time.

In contrast, it is NOT fine to state that you are not married when in fact you are. This IS misrepresentation, and it is true that this situation means that the spouse can never be sponsored if the PA's application is approved.

 

[Prats6]

OP's post is more than 1 year old, so I guess it doesn't make a whole lot of sense debating his specific situation.

Just for the record and the benefit of Prats6:

It is fine to name your spouse in your application, but list her as non-accompanying. This is not misrepresentation, and it will not prevent you from sponsoring your spouse later. The upside is higher CRS points (potentially), but the downside is that the spouse has to go through family sponsorship which can take a long time.

In contrast, it is NOT fine to state that you are not married when in fact you are. This IS misrepresentation, and it is true that this situation means that the spouse can never be sponsored if the PA's application is approved.

Agree with your points. However, lets take my example -without spouse I would be at 462 and with spouse I am at 450 now (ECA would move that to 460 in a week or two). And the plan all along for me is to go first, settle for a bit (say 2-3 months) and then get my family. Does it make sense for me to say the same? I mean, I know for a fact that I want my family with me. Plus, wouldn't Case officers question it? It could potentially be reason for rejection as well?

For some points, I simply don't think the risk reward ratio is in my favour at least. Would like to know your views.

 

[munjal]

Agree with your points. However, lets take my example -without spouse I would be at 462 and with spouse I am at 450 now (ECA would move that to 460 in a week or two). And the plan all along for me is to go first, settle for a bit (say 2-3 months) and then get my family. Does it make sense for me to say the same? I mean, I know for a fact that I want my family with me. Plus, wouldn't Case officers question it? It could potentially be reason for rejection as well?

For some points, I simply don't think the risk reward ratio is in my favour at least. Would like to know your views.

Current processing time for spousal sponsorship is 17 months.
So, I was just wondering, how you would do it in 2-3 months?

http://www.cic.gc.ca/english/information/times/index.asp

 

[Asivad Anac]

Agree with your points. However, lets take my example -without spouse I would be at 462 and with spouse I am at 450 now (ECA would move that to 460 in a week or two). And the plan all along for me is to go first, settle for a bit (say 2-3 months) and then get my family. Does it make sense for me to say the same? I mean, I know for a fact that I want my family with me. Plus, wouldn't Case officers question it? It could potentially be reason for rejection as well?

For some points, I simply don't think the risk reward ratio is in my favour at least. Would like to know your views.

It is entirely your (and your spouse's) decision to immigrate together or separately or not at all. IRCC wouldn't question you (beyond asking you once) on why you intend on doing this. Definitely not a reason for rejection in and by itself.

That said, everyone has to factor in their own calculations while making this decision. Some prefer embarking on the PR journey alone with the vague hope of sponsoring their spouse at a later date. Others delay their PR journey so that the family can stay together. Still others give up on the PR dream altogether.

 

[Londo]

My wife was accompanying spouse on my application and I explained in my application that she will be joining me later because time wasn't right for us all to go together. I have been granted ppr without any problem and we have filled in a spouse application I plan on mailing my first week in Canada.

my wife will come with us as a visitor and as we are doing an outland application hopefully her pr should be ready in 6 months.

 

[Dexmoody]

My wife was accompanying spouse on my application and I explained in my application that she will be joining me later because time wasn't right for us all to go together. I have been granted ppr without any problem and we have filled in a spouse application I plan on mailing my first week in Canada.

my wife will come with us as a visitor and as we are doing an outland application hopefully her pr should be ready in 6 months.

I don't understand - if your wife was listed as accompanying in your application, you don't need to put in another application. She can just become a PR with you!

Or did you mean to say non-accompanying?

 

[Londo]

Yes sorry I meant non-accompanying.

 

[Dexmoody]

Agree with your points. However, lets take my example -without spouse I would be at 462 and with spouse I am at 450 now (ECA would move that to 460 in a week or two). And the plan all along for me is to go first, settle for a bit (say 2-3 months) and then get my family. Does it make sense for me to say the same? I mean, I know for a fact that I want my family with me. Plus, wouldn't Case officers question it? It could potentially be reason for rejection as well?

For some points, I simply don't think the risk reward ratio is in my favour at least. Would like to know your views.

I don't understand this comment.

If you want your spouse to join you after 2-3 months, you should list her as accompanying on your application. You can land first, and your spouse can land any time after that (but before expiry of the COPR).

If you list your spouse an non-accompanying, you have to sponsor her via the family visa route - there is no way she can join you as a PR after 2-3 months, it will take much longer.

Either way, you don't have to explain or justify anything to the officer processing your application.

 

[andy1]

I'm not in the same situation but may have some information that would be helpful to you - I'm a Canadian but my spouse is British. We are currently in Canada and he is on open work permit. We have just applied for spousal sponsorship - the process will take about 2 years! It depends a bit on where you apply from but the average processing time for an inland application right now (a citizen or PR sponsoring a spouse living in Canada as a visitor or on work permit) is around 27 months. If you are applying with one person in Canada and sponsoring a spouse living outside Canada then it depends which office your application goes to but the UK office is taking about 19 months right now from receiving the application to issuing PR for spouse. Other countries are over 3 years.

For more information on the process i suggest you go to this same forum but check the 'Family Sponsorship' instead of Express Entry conversations. Lots of people there can tell you more about the process.

But I would definitely advise you to try everything possible to include your spouse in Express Entry application - getting IELTS and ECA is a pain and expensive but the sponsorship process is even worse in my opinion. First you will have to wait to get your own PR, then you will have to submit sponsorship application, then wait for sponsor approval, then wait for applicant (spouse) to be approved. The application itself is complicated and unwieldy (even compared to EE application) and the processing time is much longer. You or your spouse can also be called in for in person interviews which take place at the office at which your application is being processed - if that's not the city where you both live it can time and expense.

A lot of people seem to think that if you are married to a Canadian or PR it's a simple process but let me assure it's not!

 

[rajibsam]

I'm not in the same situation but may have some information that would be helpful to you - I'm a Canadian but my spouse is British. We are currently in Canada and he is on open work permit....

Since your husband is working in Canada, cant he apply for EE which is fast as compared to Sponsorship.

 

[Londo]

I'm not in the same situation but may have some information that would be helpful to you - I'm a Canadian but my spouse is British. We are currently in Canada and he is on open work permit. We have just applied for spousal sponsorship - the process will take about 2 years! It depends a bit on where you apply from but the average processing time for an inland application right now (a citizen or PR sponsoring a spouse living in Canada as a visitor or on work permit) is around 27 months. If you are applying with one person in Canada and sponsoring a spouse living outside Canada then it depends which office your application goes to but the UK office is taking about 19 months right now from receiving the application to issuing PR for spouse. Other countries are over 3 years.

For more information on the process i suggest you go to this same forum but check the 'Family Sponsorship' instead of Express Entry conversations. Lots of people there can tell you more about the process.

But I would definitely advise you to try everything possible to include your spouse in Express Entry application - getting IELTS and ECA is a pain and expensive but the sponsorship process is even worse in my opinion. First you will have to wait to get your own PR, then you will have to submit sponsorship application, then wait for sponsor approval, then wait for applicant (spouse) to be approved. The application itself is complicated and unwieldy (even compared to EE application) and the processing time is much longer. You or your spouse can also be called in for in person interviews which take place at the office at which your application is being processed - if that's not the city where you both live it can time and expense.

A lot of people seem to think that if you are married to a Canadian or PR it's a simple process but let me assure it's not!

I agree with most things u said but I believe u may have got outland application for UK office wrong. I have spent a lot of time in family class forum and majority of applicants are getting there applications finalized within six months. U go have a look at their timeline

 

[Prats6]

I don't understand this comment.

If you want your spouse to join you after 2-3 months, you should list her as accompanying on your application. You can land first, and your spouse can land any time after that (but before expiry of the COPR).

If you list your spouse an non-accompanying, you have to sponsor her via the family visa route - there is no way she can join you as a PR after 2-3 months, it will take much longer.

Either way, you don't have to explain or justify anything to the officer processing your application.

I think I saw a CIC link which stated that there was an open work visa to all spouses? I am not sure how it works.

And if you understood my post, I meant to say was that the plan has far too many things going against it and I would definitely not do it. But there are people as I read here, have done this. All I want to know is how did this work out for them?

 

[munjal]

I think I saw a CIC link which stated that there was an open work visa to all spouses? I am not sure how it works.

And if you understood my post, I meant to say, the plan has far too many things going against it and I would definitely not do it. But there are people as I read here, have done this. All I want to know is how did this work out for them?

Yes you are right, but it is applicable to certain spouses or common-law partners who are applying for permanent residence from inside Canada.


Here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

Effective December 22, 2014, eligible spouses or common-law partners have the opportunity to work in Canada while they wait for their application for permanent residence to be processed.
Citizenship and Immigration Canada (CIC) will issue open work permits to certain spouses or common-law partners who are applying for permanent residence from inside Canada, before the approval in principle decision on their application is made.

For more information and instructions on this pilot program, please see CIC’s program delivery update. Here:http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp

http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp

Program delivery update - December 22, 2014
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the IRCC website as a courtesy to stakeholders.
One Year Pilot – Issuance of open work permits to applicants for permanent residence under the spouse or common-law partner in Canada class
Summary

Effective December 22, 2014, Citizenship and Immigration Canada (CIC) will commence issuing open work permits to certain spouse or common-law partner in Canada class (SCLPC) applicants before the approval in principle decision is made.

Applicants who have already submitted an application for permanent residence under the SCLPC class but have not yet applied for an open work permit should complete a work permit application, include the appropriate fee, indicating that they are applying for an open work permit, and submit it to the Case Processing Centre in Vegreville, at the following address:

CPC – Vegreville
WP - Unit 777
6212-55 Avenue
Vegreville, AB
T9C 1X6
If an SCLPC applicant has already received approval in principle, they have the option of applying for an open work permit online.

New SCLPC applicants should complete a permanent residence application and an open work permit applications, include the appropriate fees, and submit both simultaneously to the Case Processing Centre in Mississauga.

CIC will begin issuing open work permits to eligible applicants in the current SCLPC inventory. SCLPC applicants whose permanent resident applications are received after December 22, 2014 will have their application for an open work permit processed within four months of receipt of their work permit application.

Standard medical requirements for open work permits apply.

After one year, CIC will assess this pilot and determine how to most effectively process open work permits for SCLPC applicants moving forward.

 

[_Aspirant]

Very informative topic...was contemplating for quite some time about it...will surely include my spouse...

 

[samuelrajsrinivasan]

Guys I had same Issue. needed to get the application rolling ASAP and spouse was having issues with ECA and wasn't optimistic about getting the language scores to boost EE scores so we decided I apply with them as unaccompanying and I have now got PPR. and I didn't add any LOE, just stated the truth in the reason column: "they'll(my Family) be joining me when i'm fully settled". That's the exact reason they took points off/split points for married couples; so that main applicant who meets the cut can come and fit in before the family joins. A lot of people come with their family and struggle immediately. so that option is there for a reason. and besides your spouse and family will need to get every doc as if they were coming with you so its not really easier.

But when i filled the EE profile, added my wife as non accompanying but eAPR says my child is accompanying but I dint even ahva an option of selecting whether my child is accompanying or not, Moreover when will we get this option of reason for not accompanying?? I couldn find it in my application in final details before checklist.

Can any one help here