Risks of Declaring a Non-Accompanying Spouse and How It Could Affect Your PR Application
Canada’s Express Entry system remains one of the most popular immigration pathways for skilled workers seeking permanent residency (PR). However, a frequently used but increasingly scrutinized strategy—declaring a spouse as “non-accompanying” to improve Comprehensive Ranking System (CRS) scores—can jeopardize applicants’ PR dreams.
This tactic, while legally permissible, has drawn sharp attention from Immigration, Refugees and Citizenship Canada (IRCC), especially when the spouse is already living or working in Canada. IRCC now commonly issues Procedural Fairness Letters (PFLs) to candidates whose declarations raise doubts, prompting them to provide detailed explanations and evidence.
Failure to adequately respond to these letters can result in outright refusal of the PR application or, in rare cases, a finding of misrepresentation with severe penalties including a five-year ban from Canadian immigration programs.
Understanding the Non-Accompanying Spouse Strategy in Express Entry
Express Entry ranks candidates based on factors like age, education, work experience, and language proficiency through the CRS system. Married applicants can declare their spouse as “non-accompanying”—meaning the spouse will not move to Canada with them initially—to be assessed as a single applicant. This approach can add up to 40 CRS points, improving the chances of receiving an Invitation to Apply (ITA).
Since the influx of temporary residents and tightened immigration targets announced in late 2024, competition in Express Entry has intensified, leading many applicants to use the non-accompanying spouse declaration to boost their CRS scores, with the plan to sponsor their spouse later.
When IRCC Questions Non-Accompanying Spouse Declarations
Although this declaration is legal when valid reasons exist—such as a spouse’s employment commitments abroad—IRCC increasingly questions these claims, especially when the spouse is residing and working in Canada on permits like the Spousal Open Work Permit (SOWP).
In such cases, IRCC issues PFLs, requesting applicants to clarify the spouse’s true intentions. Key triggers for PFLs include:
- The spouse living with the applicant in Canada, contradicting non-accompanying status
- Failure to update the Express Entry profile when the spouse’s status changes or when they arrive in Canada
- The non-accompanying spouse refusing mandatory biometrics, medical exams, or police certificates
- Providing vague or inconsistent explanations without proper documentation
- Indications that the non-accompanying status is used simply to gain CRS points, with plans to sponsor the spouse later
The Consequences of Failing to Respond Properly to PFLs
Applicants who do not provide clear, truthful, and supported explanations in response to a PFL risk severe consequences:
- Application refusal remains the most common outcome when responses lack credibility.
- Misrepresentation findings, although less common, can lead to a five-year ban from Canada’s immigration system and a permanent record of misrepresentation.
- Revocation of permanent residency may occur if misrepresentation is detected after PR has been granted.
Such consequences can cause significant emotional and financial hardship for applicants and their families.
Expert Recommendations to Avoid Pitfalls
Immigration experts urge candidates to be transparent and prepared when declaring a spouse as non-accompanying:
- Always declare all family members accurately in the Express Entry profile.
- Submit comprehensive evidence to support the non-accompanying status, such as marriage certificates, foreign job contracts, or commitments abroad.
- Update IRCC promptly about any changes in the spouse’s location or immigration status.
- Provide detailed letters explaining the circumstances and intentions clearly.
- Consult licensed immigration professionals to review applications and draft strong responses to PFLs if issued.
What to Do if You Receive a Procedural Fairness Letter
Receiving a PFL demands immediate and careful action:
- Understand the concerns raised by IRCC, often related to cohabitation, admissibility, or intent.
- Gather substantial proof, such as employment contracts, travel plans, or separation evidence, to clarify your spouse’s non-accompanying status.
- Be honest in your responses—avoid exaggeration or false claims.
- Consider legal advice to prepare a thorough, well-documented reply.
- Request an extension if you need more time to compile evidence.
In some cases, applicants may consider withdrawing the application to avoid a ban, but this should only be done with professional guidance.
Final Thoughts
As Canada’s immigration targets tighten and Express Entry becomes more competitive, IRCC’s focus on non-accompanying spouse declarations reflects a commitment to fairness and system integrity. While declaring a spouse as non-accompanying remains a lawful option, it comes with heightened scrutiny, especially for couples living together in Canada.
Applicants must prioritize honesty, timely updates, and strong supporting evidence to avoid procedural fairness challenges that could derail their permanent residency ambitions.
Key News Summary
- Express Entry candidates often declare spouses as non-accompanying to gain up to 40 extra CRS points.
- IRCC issues Procedural Fairness Letters when spouses are found living and working in Canada without valid reasons for non-accompanying status.
- Inadequate or dishonest responses to PFLs can lead to application refusals or misrepresentation findings with severe penalties.
- Candidates should submit thorough evidence, update their profiles regularly, and seek professional assistance for strong PFL responses.
For a consultation about Immigration options, reach out to the CAD IMMIGRATION today!
