Hello Boss
@legalfalcon.
there is this news flowing around that applicants who submitted thier application with their spouse as non accompanying can now readd their spouses POST AOR as long as a decision is yet to be taken. Boss pls clear the air on this.
we know it is possible to add spouse and kids after AOR if one got married , had a new baby etc.
Thank you for always.
This is not new, as per the regulations you can. However, IRCC will closely determine the reason, as to why it was non-accompanying and then changed to accompanying. If you have a valid ground, there is no problem. If it was just to get more CRS points, then the applicant himself is putting his application in troubled waters as it will assessed for misrepresentation.
Further, IRCC has the right to ask more documents in support of such a change and this will be subject to A11.2 assessment.
IRCC states:
To assess an application under
section A11.2, a processing office must consider the information in an applicant’s profile at the time of the round of invitations and the information provided when the applicant submits their e-APR. After an e-APR is submitted, an application cannot be refused due to a change in circumstance
unless
- the officer determines that the change occurred before the applicant submitted their e-APR and that the change would have caused the applicant to be refused under section A11.2: therefore, the application should be refused under section A11.2; or
- the change in circumstance means the applicant no longer meets the minimum requirements of the program to which they are applying; therefore, the application may still meet the requirements of section A11.2 but can be refused for failing to meet program requirements.
For example, if an applicant marries before they submit their e-APR but informs IRCC of the marriage only after they submit their e-APR, the marriage can be taken into account as part of the section A11.2 assessment.
If, however, an applicant marries after they submit their e-APR, then informs IRCC of the marriage, the marriage cannot be taken into account as part of the section A11.2 assessment. However, the change in circumstance may affect whether the applicant still meets the program requirements.
All family members must be examined as part of the e-APR, whether they are accompanying the principal applicant or not. Family members can be added to the application at any time during the process, including after the visa is issued, but prior to obtaining permanent resident status. Applicants are instructed to inform IRCC immediately if their family composition has changed (e.g., birth of a child, marriage, divorce).
Pursuant to
subsection R4(1), the principal applicant may not include a spouse or common-law partner in their application if their relationship was entered into primarily to acquire any status or privilege under the Act or is not genuine. Similarly, in accordance with subsection R4(2), the principal applicant may not include an adopted child in their application if the adoption was entered into primarily to obtain any status or privilege under the Act or if it did not create a genuine parent–child relationship.
Section A11.2 does not apply when an applicant adds a family member to their application after the e-APR; however, the family member will have to be assessed, and the principal applicant must provide IRCC with the Additional Family Information form [IMM 5406 (PDF, 570KB)] and pay the applicable fees online.
Upon reading the above, the only interpretation is that an applicant always change the spouse from un-accompanying to accompanying, however, it will impact the applicant's CRS and MEC, if the marriage had happened before the e-APR, which could reduce the CRS and even make the applicant ineligible.
Hope this helps!
