Increase in Express Entry application rejections due to spouses being declared "non-accompanying"

In recent weeks, Immigration, Refugees and Citizenship Canada (IRCC) has increased the number of refusals and the issuance of procedural fairness letters (PFL) in Express Entry applications where the applicant declares their spouse as “non-accompanying”. This practice, in some cases used to improve the Comprehensive Ranking System (CRS) score, is now under much stricter scrutiny.

Why was this practice used, and what has changed?

The Express Entry system awards points based on factors such as age, education, language skills, and work experience. When applying as a single applicant, it is possible to gain up to 40 additional points in the Core Human Capital section, as spouse-related factors are not considered. This benefited applicants whose partner had weaker credentials in language or education.

However, IRCC has indicated that if the spouse is already living in Canada (working or studying), it is assumed that there is an intention to reside permanently together. In such cases, declaring the spouse as “non-accompanying” could be considered a misrepresentation under the Immigration and Refugee Protection Act, which entails:

• Rejection of the application.
• Re-application ban for 5 years.

When is it valid to declare a spouse as a “non-accompanying person”?

Only if the decision is true and justifiable, for example:

• Child custody in the country of origin.
• Work or family obligations that prevent immediate relocation.

In these cases, it is essential to include a strong letter of explanation and evidence supporting the decision. Furthermore, the intention must be consistent: if the spouse is declared as non-accompanying, a family sponsorship should not be initiated immediately after obtaining permanent residency.

Recent changes to Express Entry

• Increased selections based on specific categories (profession, experience in Canada, or French proficiency).
• Since March 25, 2025, no additional points are awarded for having a valid job offer, as a measure against fraud involving false Labour Market Impact Assessments (LMIA).

Recommendation for applicants

There are legitimate ways to improve the CRS score:

• Improve your results in English or French.
• Obtain additional certifications.
• Explore provincial nomination options (PNP).

At Global Immigration Solution, we can assess your profile and recommend safe and legal strategies to maximize your chances of success without jeopardizing your application.

Book a meeting with our experts here:
https://app.casecloud.ca/calendar?filter=group&siteId=CCP20243299