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Addition of non-accompanying Spouse on application

oteekar

Newbie
Apr 26, 2020
8
4
Hi,

I wanted some clarification on my Express Entry application with respect to adding my spouse.

I applied to the FSW program through Express Entry back in Feb 2020, and got an invitation to apply in March 2020. Finished up my application with all the necessary documentation and got an AOR in April 2020. I was living in the United States back then. For the next 21 months, due to COVID, I had no update on my application whatsoever. In these 21 months, I have had to move back to my home country, India. I contacted IRCC through their webform informing them about the change in my permanent address, phone number, etc.

I got married last year, in December 2021. I was hoping to postpone my marriage until my PR is done processing, so as to avoid any additional documentation and delayed processing. However, after receiving literally no update in about 1.5 years, we decided that there was no point delaying our personal life goals in waiting for IRCC to process my application. I notified IRCC of the change in my marital status and also provided them with a copy of my marriage certificate.

In the past month, I have started receiving some requests from IRCC for updating my documents. I got a message from them asking me to do my spouse’s documentation to add her to my application. They need us to fill out some forms, arrange her PCC, provide relationship and marriage proof, etc. They have also asked us to pay a CAD $825 Processing Fee for my spouse, and a CAD $500 RPRF (Right to Permanent Residency Fee) for my spouse.


Some background on my spouse: My spouse is an Indian citizen, currently on an F1 student visa in the US, pursuing her PhD. She has at least 2 more years of her PhD remaining and will then be pursuing a job using her Optional Practical Training for 3 years. So for at least the next 5 years, she is not going to be able to permanently move to Canada.

I mentioned this clearly when I submitted the web form to IRCC informing them about my marriage. In the request letter they sent me, it says that completing all the mentioned steps is mandatory. The very first step states that we need to pay the above mentioned fees, but only if my spouse is going to accompany me to Canada at this point. This is what it states,

"If your spouse or CLP intends to accompany you to Canada at this time, a processing fee of $825 and a RPRF of $500 must be paid for their application."


My question is, would I still need to pay both the Processing fee and the RPRF even though my spouse will not be accompanying me to Canada at this time? I understand that I will need to add her to my application since she is legally my family now, but we do not want to process her PR at this time since she will not be able to maintain her PR status in Canada and it is futile. Considering all the above things, do I still need to pay both the fees?

Thanks in advance!