Many Express Entry applicants list their spouse as “non-accompanying” to increase their CRS score, a legal but risky move. Immigration, Refugees and Citizenship Canada (IRCC) has recently increased scrutiny of such declarations, especially when the spouse is already living or working in Canada.
If IRCC suspects the declaration is inconsistent with your actual situation, they may issue a Procedural Fairness Letter (PFL). A weak or dishonest response can lead to application refusal, or worse, a five-year ban for misrepresentation.
Why IRCC Issues PFLs
Common triggers include:
- Your spouse lives with you in Canada but is declared non-accompanying
- You fail to update IRCC after your spouse’s arrival in Canada
- Your spouse refuses biometrics or medical exams
- Inconsistent or vague explanations about your spouse’s status
- Intent to sponsor the spouse later, despite declaring otherwise
What You Risk
- PR refusal
- Misrepresentation finding
- Long-term immigration bans
- Loss of future eligibility
How to Protect Your Application
- Be honest and transparent
- Include strong evidence (job contracts, letters of explanation)
- Update IRCC about status changes
- Consult a licensed immigration professional
Non-accompanying spouse declarations are not illegal, but if the real intent is to reunite in Canada soon after landing, IRCC may view it as an attempt to manipulate the system.
Final Tip: If your spouse is already in Canada, think twice before using this strategy. Always prioritize full disclosure and seek expert guidance.
