Non-Accompanying Spouse in Express Entry: What Canadian PR Applicants Need to Know

Planning to apply for Canadian permanent residency through Express Entry? Learn how to correctly list a non-accompanying spouse, understand CRS impacts, and avoid common mistakes.

If you’re applying for Canadian permanent residency (PR) under Express Entry as a couple, one important decision is whether your spouse or common-law partner should be listed as accompanying or non-accompanying. This choice can affect your Comprehensive Ranking System (CRS) score, eligibility, and the timing of your partner’s move to Canada.

This guide will walk you through:

1. The meaning of a non-accompanying spouse

2. When and why to choose this option

3. CRS score implications

4. Common pitfalls and best practices for couples

Understanding a Non-Accompanying Spouse

A non-accompanying spouse is a partner included in your Express Entry profile who will not move to Canada alongside you at the time of your application.

It’s mandatory to declare your partner, whether they are accompanying or non-accompanying. Failing to do so, or providing inaccurate information, is considered misrepresentation, which could lead to:

1. Rejection of your PR application

2. A five-year ban on Canadian immigration

3. Complications with future sponsorship

When Should You List a Partner as Non-Accompanying?

IRCC permits applicants to list a spouse as non-accompanying only if there’s a genuine reason preventing them from relocating immediately. Common examples include:

1. Career commitments abroad

2. Family responsibilities

3. Educational obligations

It is essential that this reflects your true intentions. Misrepresenting your partner as non-accompanying to boost CRS points is considered fraud and can result in PR refusal or a ban.

How a Non-Accompanying Spouse Affects CRS Scoring

Your CRS score can change depending on whether your partner is accompanying you. The key factors considered include:

1. Education

2. Language proficiency

3. Canadian work experience

Example:
Anika, a skilled IT professional with Canadian work experience, is applying for PR through Express Entry. Her spouse, Rahul, is a practicing lawyer in India and cannot relocate immediately due to professional obligations.

1. Listing Rahul as accompanying may lower Anika’s CRS score because his credentials are less advantageous under the CRS system.

2. Listing Rahul as a non-accompanying spouse keeps Anika’s score higher, increasing her chances of receiving an ITA.

Once Anika becomes a permanent resident, she can sponsor Rahul through the Family Class sponsorship program, allowing him to join her in Canada later.

Potential Issues and Common Mistakes

Some situations can create challenges:

1. Partner already in Canada: Declaring them as non-accompanying while they live with you may trigger a Procedural Fairness Letter (PFL).

2. Changing status mid-process: Attempting to switch a non-accompanying spouse to accompanying after submission may prompt a reassessment and raise misrepresentation concerns.

Dos:

1. Provide accurate documentation, including marriage certificates and proof of ongoing relationship

2. Prepare a Letter of Explanation (LoE) for your non-accompanying spouse

3. Understand the Family Class sponsorship process if planning future relocation

Don’ts:

1. Omit your partner from the application

2. Submit misleading or inconsistent information

3. Attempt to bypass inadmissibility issues

4. Make unnecessary changes after receiving an ITA

Can Both Partners Submit Separate Express Entry Profiles?

Yes, each partner may submit their own profile, listing the other as accompanying. Key points to remember:

1. Ensure both profiles are complete and accurate

2. Avoid misrepresentation or conflicting information

3. Only proceed with one application after receiving an ITA, usually for the partner with the higher CRS score

This approach can also help couples qualify under certain draws, such as those targeting French-language proficiency or specific in-demand occupations.

Key Takeaways

1. Listing a non-accompanying spouse must reflect your actual intentions

2. Misrepresentation can lead to PR refusal or a five-year immigration ban

3. CRS scores may be higher when a partner is non-accompanying, depending on their credentials

4. The Family Class sponsorship process allows the partner to join later

For professional assistance with including a non-accompanying spouse in your Express Entry application and maximizing your CRS score while staying compliant with IRCC rules, contact Eiffel Immigration. Our experts guide couples step by step to successfully achieve Canadian PR.