Since this thread was started - in last couple of months? beginning of year? - i.e. more or less since the last posts here - there have been press reports (and presumably on the board here in the express entry forum) about IRCC 'cracking down' on this, and forcing applicants to add their spouses in.
I'd suggest you go lookng for those threads and articles (I don't follow closely) - lawyers have commented publicly that they find this all weird because there are no regulations against it.
Their point - roughly - is that if it's a 'loophole', it's one that (by definition) is being used openly since applicants are declaring their spouses as non-accompanying. And that IRCC could change the rules by simply publishing updates to those rules, but they haven't.
I've no opinion either side but clearly IRCC is using this as a mechanism to tighten entry requirements (without formally tightening). I don't know that any lawyers have had success with this issue.
