Adding your partner after submitting the Express Entry application

Adding your partner after submitting the Express Entry applicationAdding your partner after submitting the Express Entry application

When an immigrant applies for permanent residence in Canada through Express Entry, one of the most important decisions is how to declare his spouse or common-law partner, i.e., whether to designate her as a companion (who will immigrate with him to Canada immediately) or as a non-companion (who will not immigrate with him upon landing).

At first glance it may seem like a simple decision, but changing this designation after submitting the application and adding your partner later can have serious consequences for your application. 

In this blog, I expand on the details. Read with me to the end and avoid risks in your process, let's get started!

What happens if you add your partner after submitting the application?

If you declare your partner as "unaccompanied" and then attempt to add her as an accompanying family member, Immigration Canada (IRCC) will reopen and reassess your file. This would involve:

  1. Eligibility Reassessment: IRCC will review your partner's eligibility (medical exam, criminal and immigration history) and ask for proof of the relationship.
  2. Recalculating the CRS score: whether or not your partner accompanies you directly affects your CRS score. CRS System. Adding her may lower or raise your score, depending on her education, language proficiency and work experience.
  3. Possiblemisrepresentation concerns: if the officer suspects that you declared your partner as a "non-accompanying person" just to get a higher score or avoid further review, this could be considered misrepresentation, leading to the denial of your application and even a 5-year ban on reapplying.

When is it legitimate to add the partner after submitting the application?

There are valid reasons to change your partner's status after submitting the application, this change of decision is not necessarily a wrong step. Here I share valid reasons for the change:

  • Change in marital status: if you got married or entered into a common-law relationship after filing the application.
  • New circumstances: for example, if at the beginning your spouse could not emigrate (because of work, family, etc.), but now he/she can.
  • Unexpected factors: health, financial or migratory changes since the date of shipment.

In these cases, you must provide well-supported documentation and a clear Letter of Explanation that demonstrates to the Canadian government that the change is genuine.

Risks of adding your partner after application

Before requesting the change, consider the following risks:

  • It may lower your CRS score: if your partner has no education, proven English or French, or recognized work experience, your overall score may fall below the cutoff.
  • Processing delays: IRCC will ask for more documents, which may lengthen the processing time.
  • Possible findings of misrepresentation: IRCC may issue aProcedural Fairness Letter and reject your application.
  • No guarantee of success: even if you have a legitimate reason, approval is not automatic; each case is carefully reviewed and the officer makes the final decision.

Recommendations if you need to add your partner

If you find yourself in this situation, follow the recommendations below:

  1. Inform IRCC as soon as your circumstances change .
  2. Be honest and consistent, as any inaccuracies (addresses, social networks, previous forms) may generate doubts.
  3. Prepare the necessary documentation, i.e. marriage certificate, proof of relationship, medical exams and police certificates of your partner.
  4. Write a Letter of Explanation in which you clearly state why your partner was declared a "non-accompanying person" at the beginning and why he/she should be added now.
  5. Seek professional advice. When in doubt, seek guidance only from a CICC-regulated consultant or a Canadian lawyer. Following advice from people without certified legal knowledge can put you at risk, not only of being rejected for application errors, but also of falling into scams or misrepresentation. misrepresentation.

Thinking of adding your partner after submitting your application and have doubts in the process? At Immiland Canada, we are here to guide you.

Remember that an error in your application may result in rejection of your application.

If you want to do your immigration procedures correctly, you can schedule a consultation with one of our CICC regulated consultants. I hope this topic will help you in your immigration process with your partner and you both arrive successfully to Canada. 

Thanks for reading, see you in the next blog!

With love, 

Immiland Canada

Note: This article does not constitute legal advice or legal opinion from an attorney. Rather, it is provided solely to inform readers about certain aspects related to the details of the law in legal matters.

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