Canada’s immigration authorities are increasingly rejecting Express Entry permanent residency applications where the applicant declares their spouse as non-accompanying, especially in cases where the spouse is already in Canada.
Many applicants use this strategy to improve their Comprehensive Ranking System (CRS) score, as single applicants can gain up to 40 extra points under the Core Human Capital category. This is often done when a spouse has weaker language or education credentials that would lower the applicant’s score.
However, Immigration, Refugees and Citizenship Canada (IRCC) is now issuing more refusals or procedural fairness letters (PFLs) in such cases, especially when both partners are already living in Canada on temporary permits, such as closed work permits and spousal open work permits.
According to immigration consultants, IRCC views the physical presence of a spouse in Canada as an indication of intent to settle permanently. Declaring the spouse as non-accompanying, in such cases, could be seen as withholding material facts, potentially leading to accusations of misrepresentation. This could result in not only refusal but also a five-year ban from reapplying.
If the spouse is genuinely outside Canada, applicants may still declare them as non-accompanying for reasons such as custody arrangements or employment obligations abroad, but they must provide a strong letter of explanation and supporting documentation. Applicants are also cautioned not to immediately sponsor the spouse after landing, as it could contradict the stated intent.
Although such declarations were previously accepted without issue, IRCC’s current approach has raised concerns over consistency in decision-making. Several rejected applicants are now turning to the Federal Court, and the outcomes could shape future immigration policy.
Meanwhile, Express Entry itself continues to evolve. IRCC now focuses more on category-based draws (e.g. French language, CEC, PNP, and occupation-specific draws). Since March 25, 2024, valid job offers no longer award additional CRS points, in an effort to curb fraudulent LMIA-based offers.
The best way to improve CRS scores is through legitimate means, such as boosting language test results, learning French, or exploring provincial nomination programs.