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Pros and cons of spouse not accompanying main applilcant for Express Entry

secret.simon

Full Member
Jun 10, 2017
20
1
My Express Entry brother, who is married, is looking at the pros and cons of coming to Canada unaccompanied by his spouse in the short-term.

The reason for that is that his points jump up significantly if he is married, but not accompanied by his spouse.

The questions that follow in this scenario are
a) In order to do this, does he need to create a new Express Entry profile or just update his current EE profile?

b) If he were to update his existing EE profile, the change will likely be visible. Will that count against him when assessing his points or at a later stage?

Assuming that he can do the above and get Canadian PR, the plan is for him to get a job and a house and then sponsor his spouse over (currently no children are involved).

c) Is there a time limit as regards applying for a spouse sponsorship visa?

d) When/after how much time can a spouse visa be converted into a PR for my sister-in-law?

e) Would a spouse sponsorship have an impact (or act as a limitation) if my brother wishes to sponsor our parents?

f) What is the timeframe for a sponsored spouse (in this case, my sister-in-law) to acquire Canadian citizenship?
 

scylla

VIP Member
Jun 8, 2010
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My Express Entry brother, who is married, is looking at the pros and cons of coming to Canada unaccompanied by his spouse in the short-term.

The reason for that is that his points jump up significantly if he is married, but not accompanied by his spouse.

The questions that follow in this scenario are
a) In order to do this, does he need to create a new Express Entry profile or just update his current EE profile?

b) If he were to update his existing EE profile, the change will likely be visible. Will that count against him when assessing his points or at a later stage?

Assuming that he can do the above and get Canadian PR, the plan is for him to get a job and a house and then sponsor his spouse over (currently no children are involved).

c) Is there a time limit as regards applying for a spouse sponsorship visa?

d) When/after how much time can a spouse visa be converted into a PR for my sister-in-law?

e) Would a spouse sponsorship have an impact (or act as a limitation) if my brother wishes to sponsor our parents?

f) What is the timeframe for a sponsored spouse (in this case, my sister-in-law) to acquire Canadian citizenship?
I'll help with a few of your questions.

c) He can apply as soon as he is a PR. Note that he must be living in Canada to sponsor his spouse and must continue living in Canada while the application is being processed. His wife will most likely not be approved for a TRV. This means they will most likely have to spend the majority of one year apart while she waits outside of Canada for her PR visa to be approved.
d) I don't know what you mean by "spouse visa". He will sponsor her for PR. This will take approximately a year.
e) No impact. From the time he arrives in Canada, it will be at least three years before he will qualify to sponsor his parents.
f) At least three years from the time she arrives in Canada.
 

nns14

Champion Member
Feb 10, 2018
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My Express Entry brother, who is married, is looking at the pros and cons of coming to Canada unaccompanied by his spouse in the short-term.

The reason for that is that his points jump up significantly if he is married, but not accompanied by his spouse.

The questions that follow in this scenario are
a) In order to do this, does he need to create a new Express Entry profile or just update his current EE profile?

b) If he were to update his existing EE profile, the change will likely be visible. Will that count against him when assessing his points or at a later stage?

Assuming that he can do the above and get Canadian PR, the plan is for him to get a job and a house and then sponsor his spouse over (currently no children are involved).

c) Is there a time limit as regards applying for a spouse sponsorship visa?

d) When/after how much time can a spouse visa be converted into a PR for my sister-in-law?

e) Would a spouse sponsorship have an impact (or act as a limitation) if my brother wishes to sponsor our parents?

f) What is the timeframe for a sponsored spouse (in this case, my sister-in-law) to acquire Canadian citizenship?
Pros and Cons are personal points. I have gone through what your "brother" (I am suspecting that it is really you) is thinking and finally decided to go alone for the same reason as your "brother" ( :)). With spouse accompanying I was getting 444 CRS, but with spouse unaccompanying, I got 471. I asked IRCC if I can take this route and sponsor my family later when I become PR and they told me (via twitter) that it is fine. I did and got ITA. Went through all the processing and now in the final stage just before PPR.

I chose that option because it was the only way to get ITA (unless I tried my luck with PNP but I have no patience for that).
 

secret.simon

Full Member
Jun 10, 2017
20
1
c) He can apply as soon as he is a PR. Note that he must be living in Canada to sponsor his spouse and must continue living in Canada while the application is being processed. His wife will most likely not be approved for a TRV. This means they will most likely have to spend the majority of one year apart while she waits outside of Canada for her PR visa to be approved.
We were working on the assumption of about a year apart. Can you clarify what a TRV is, in this context?

d) I don't know what you mean by "spouse visa". He will sponsor her for PR. This will take approximately a year.
As the CIC website spoke of sponsoring your spouse, I assumed that the spousal visa does not automatically lead to PR status.

In the meanwhile, from another link in the forums, I found this link with more details on spouse sponsorship. I presume that the broad outline remains the same even for non-British applicants.

f) At least three years from the time she arrives in Canada.
From that, could I surmise that my brother and sister-in-law would be eligible to apply for Canadian citizenship at about the same time; he after five years of arrival on Express Entry and she after three years after arrival on spousal sponsorship?

Pros and Cons are personal points. I have gone through what your "brother" (I am suspecting that it is really you) is thinking and finally decided to go alone for the same reason as your "brother" ( :)). With spouse accompanying I was getting 444 CRS, but with spouse unaccompanying, I got 471. I asked IRCC if I can take this route and sponsor my family later when I become PR and they told me (via twitter) that it is fine. I did and got ITA. Went through all the processing and now in the final stage just before PPR.

I chose that option because it was the only way to get ITA (unless I tried my luck with PNP but I have no patience for that).
Thank you for your response. I am afraid that I must disabuse of the idea that I am hiding under a notional/imagined brother. On another forum that I participate on, the moderators are quite strict about a requirement to state if a poster is asking for somebody else and I have carried forward an assumption that such a requirement would apply to these forums as well.

Could you provide the Twitter handle that you corresponded with?

I hope that we can keep in touch through my brother's immigration journey as you are on a very similar journey.
 

scylla

VIP Member
Jun 8, 2010
93,130
20,628
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
We were working on the assumption of about a year apart. Can you clarify what a TRV is, in this context?

As the CIC website spoke of sponsoring your spouse, I assumed that the spousal visa does not automatically lead to PR status.

In the meanwhile, from another link in the forums, I found this link with more details on spouse sponsorship. I presume that the broad outline remains the same even for non-British applicants.

From that, could I surmise that my brother and sister-in-law would be eligible to apply for Canadian citizenship at about the same time; he after five years of arrival on Express Entry and she after three years after arrival on spousal sponsorship?
- TRV is a tourist visa.
- Sponsoring a spouse automatically leads to PR status. This is why you sponsor a spouse.
- Go to the official IRCC/CIC website for instructions on how to apply. The link you've provided isn't the official site. Rules changes and you don't want to follow stale instructions.
- No. Citizenship requirements are the same regardless of how you immigrated to Canada. Your brother will qualify for citizenship one he meets the 3 year residency requirement. Same for your sister in law. Your sister in law will qualify later than he will. Not sure where you got the 5 years from.
 

secret.simon

Full Member
Jun 10, 2017
20
1
- No. Citizenship requirements are the same regardless of how you immigrated to Canada. Your brother will qualify for citizenship one he meets the 3 year residency requirement. Same for your sister in law. Your sister in law will qualify later than he will. Not sure where you got the 5 years from.
Perhaps I have been too conditioned to UK requirements. The CIC website states that one needs to have been resident in Canada for at least 1095 days (3 years) of the five years immediatly preceding the date of the citizenship application.

The UK requires the applicant to have been physically present in the UK at the start of that five year period. From your response, I take it that Canada does not have such a similar "physical presence at the start of the five years" requirement. Is that correct?

If that is not the case, then logically one can apply for Canadian citizenship on the 1096th day of residence in Canada. Is that correct?

I see that there is also a requirement to have filed tax returns for at least three years of the preceding five years before applying for Canadian citizenship. Does that have to be for the whole tax year or would partial tax years count? As an example, if my brother moved to Canada in August and got a job in November, would 2019 be counted towards the three years tax filing requirement?

Thank you for your assistance and apologies for the multiple questions.

PS: Read the legislation and got the answer to my question above on partial tax years.

Section 5(1)(c)(iii) of the Citizenship Act

5 (1) The Minister shall grant citizenship to any person who
...
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has
(i) been physically present in Canada for at least 1,095 days during the five years immediately before the date of his or her application, and
(iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the five years immediately before the date of his or her application;
 
Last edited:

David1905

Star Member
Oct 29, 2014
85
22
Pros and Cons are personal points. I have gone through what your "brother" (I am suspecting that it is really you) is thinking and finally decided to go alone for the same reason as your "brother" ( :)). With spouse accompanying I was getting 444 CRS, but with spouse unaccompanying, I got 471. I asked IRCC if I can take this route and sponsor my family later when I become PR and they told me (via twitter) that it is fine. I did and got ITA. Went through all the processing and now in the final stage just before PPR.

I chose that option because it was the only way to get ITA (unless I tried my luck with PNP but I have no patience for that).
Hi
Are you and spouse in Canada already? Have you got you PR already? Do you mind if I can have your contact and privately message since I have the exactly situation like yours.
Many thanks