ICT filing PR without spouse and daughter

[vijayb104]

Hi All,

I am working in Canada as an ICT transfer and have already completed 1 year. My spouse and my daughter are currently in Canada living with me. I have written the IELTS examination with a band score of 7.5. Now I am planning to file my PR without applying for my dependents. This option takes me to a CRS score of 468 and I can comfortably get the PR. Since my daughter is still young my spouse does not plan to work for another 2 years. So once I get my PR can I file for their sponsorship. Meantime since my dependents Visa will be getting over next year around July will there be any issue if I file for visitor visa in meantime.

I am looking for valuable suggestions on this forum.

 

[Yoruba girl]

Yes you can apply for visiting visa for them, just make sure you apply two months early to be safe.

 

[jes_ON]

Hi All,

I am working in Canada as an ICT transfer and have already completed 1 year. My spouse and my daughter are currently in Canada living with me. I have written the IELTS examination with a band score of 7.5. Now I am planning to file my PR without applying for my dependents. This option takes me to a CRS score of 468 and I can comfortably get the PR. Since my daughter is still young my spouse does not plan to work for another 2 years. So once I get my PR can I file for their sponsorship. Meantime since my dependents Visa will be getting over next year around July will there be any issue if I file for visitor visa in meantime.

Maybe. Non-accompanying means "not part of the application" but it also literally means "non-accompanying", as in, not coming with you to Canada. Meanwhile, you are very clearly stating you intend them to accompany (be with) you in Canada, as a visitor - indeed, they are already here. This could be seen as misrepresentation.

We have seen people accepted, and we have seen people refused in this situation.

Some people will tell you there´s nothing wrong with exploiting this "loophole". I am not one of them. But none of us can predict how the VO will see this. If you decide to try this, you need to include an explanation about why you declared them as "non-accompanying".

 

[Yoruba girl]

Maybe. Non-accompanying means "not part of the application" but it also literally means "non-accompanying", as in, not coming with you to Canada. Meanwhile, you are very clearly stating you intend them to accompany (be with) you in Canada, as a visitor - indeed, they are already here. This could be seen as misrepresentation.

We have seen people accepted, and we have seen people refused in this situation.

Some people will tell you there´s nothing wrong with exploiting this "loophole". I am not one of them. But none of us can predict how the VO will see this. If you decide to try this, you need to include an explanation about why you declared them as "non-accompanying".

I think you are taking the situation out of context. His family was already here before applying for Permanent residence and he had to exclude them because he wants to have a high CRS score to enable him apply for PR. If he applies for visiting visa for them, they are still “unaccompanying” because they are not applying as permanent residents. He should probably consult with a professional but I honestly don’t think it should be a problem.

 

[jes_ON]

I think you are taking the situation out of context.
I understand exactly the context. He wants to game the system and declare his spouse non-accompanying to gain points, even though she is de facto accompanying him. I think it is you who doesn´t understand the intent of "non-accompanying".

His family was already here before applying for Permanent residence and he had to exclude them because he wants to have a high CRS score to enable him apply for PR. If he applies for visiting visa for them, they are still “unaccompanying” because they are not applying as permanent residents. He should probably consult with a professional but I honestly don’t think it should be a problem.

Ask the guy dealing with a "procedural fairness" letter in a similar situation, whether or not it´s a problem. I will try to find the link to the thread...

https://www.canadavisa.com/canada-immigration-discussion-board/threads/guys-help-procedural-fairness-letter-for-non-accompany-partner.653233/#post-8157167

 

[21Goose]

I agree with @jes_ON - there is a clear intent to avoid adding his family since he knows he won't qualify with them added.

The best thing would be for his wife and child to return to India ASAP. They can live there for a few months while he gets his PR. Then, once he has his PR, he can sponsor them perfectly legitimately. They can even come and stay here if their visas are still valid.

That's the right way of going about this.

 

[21Goose]

Here's another person who tried this and got a PFL - https://www.canadavisa.com/canada-immigration-discussion-board/threads/wife-not-accompanying-in-canada-pr-application.435516/page-2#post-8183254

 

[vijayb104]

I think jes_ON you are raising some good questions here. But here is what I feel
- The person facing the issue in thread shared, seems to have taken advantage of his common law partners study visa and now is applying on his own. Which will obviously raise question regarding his intentions and the relationship they showed to get the visa.
- Secondly, I am considering to apply for my dependents visa at later point in time as a sponsor, now when sponsoring i will have to take care of them legally for next 3 years once sponsorship is approved.
- Whereas when i apply for their PR with me, once approved my spouse can start working from day one. Moreover I will have no legal obligation of such I stated earlier.

In conclusion I feel I am not trying to game the system, I am just taking a hard route to get the PR. But it will depend on the VO, how he interprets the application, which is like taking a chance.

 

[vijayb104]

I agree with @jes_ON - there is a clear intent to avoid adding his family since he knows he won't qualify with them added.

The best thing would be for his wife and child to return to India ASAP. They can live there for a few months while he gets his PR. Then, once he has his PR, he can sponsor them perfectly legitimately. They can even come and stay here if their visas are still valid.

That's the right way of going about this.

I will prefer PNP route or wait another year to gain more experience, but sending my family back is not an option for consideration for me.

 

[vijayb104]

I think you are taking the situation out of context. His family was already here before applying for Permanent residence and he had to exclude them because he wants to have a high CRS score to enable him apply for PR. If he applies for visiting visa for them, they are still “unaccompanying” because they are not applying as permanent residents. He should probably consult with a professional but I honestly don’t think it should be a problem.

Yep I think I might need consult a professional, since taking a chance may not be a good idea. Cannot waste money, time and effort on just a chance

 

[21Goose]

I think jes_ON you are raising some good questions here. But here is what I feel
- The person facing the issue in thread shared, seems to have taken advantage of his common law partners study visa and now is applying on his own. Which will obviously raise question regarding his intentions and the relationship they showed to get the visa.
- Secondly, I am considering to apply for my dependents visa at later point in time as a sponsor, now when sponsoring i will have to take care of them legally for next 3 years once sponsorship is approved.
- Whereas when i apply for their PR with me, once approved my spouse can start working from day one. Moreover I will have no legal obligation of such I stated earlier.

In conclusion I feel I am not trying to game the system, I am just taking a hard route to get the PR. But it will depend on the VO, how he interprets the application, which is like taking a chance.

It's quite simple - you do not qualify with your wife added to your application, so you aren't adding her. However, she is already living with you in Canada, and clearly already "accompanying" you.

If adding your wife didn't drop your points, you wouldn't remove her, would you? So the obvious intent is to get around the rules, and there's a high likelihood that the VO will look at it the same way. You aren't taking a hard route, you're trying to take an easy route.

A hard route would be waiting longer and getting more experience, or perhaps your wife takes the IELTS and increases her scores, or starts to work in Canada (after getting a Spousal Open Work permit).. all these things would add a lot of points to your application.

If you cannot send them back, then it's better to try and increase your points. If the VO bans you for five years for misrepresentation, your Canada dream will be in serious jeopardy.