[requester]

Record

$.19(1) FFD erccepcress Semone conse

‘We trust that this information will be of assistance to you. ee ‘Thank you kindly, The Immigration Representatives Mailbox From: Sent: [requester] To: Immigration Representatives / Représentants immigration (IRCC) <IRCC ImmigrationRepresentatives- Subject: [requester]

Dear [requester].

Tam writing to you as an authorized immigration representative (RCIC from

T seck clarification on a recurring issue in the Express Entry system that affects applicants ana nas sparkea concern among practitioners: the option to declare a spouse as “non-accompanying” to boost Comprehensive Ranking System (CRS) ints, and the subsequent risk of misrepresentation challenges from IRCC] Description of the Issue|

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The Express Eniry system permits applicants to designate their spouse as “non-ace ompanying.” which recalculates their CRS lscore as if they were single. often significantly increasing their likelihood of receiving an Invitation to Apply (ITA). This feature is lembedded in the official CRS tool on the [RCC website, implying itis a valid choice. However, after submitting their electronic [Application for Permanent Residence (e~APR), some applicants receive a Procedural Faimess Letter (PFI) questioning the validity of his declaration, with IRCC suggesting potential misrepresentation under Section 40 of the Immigration and Refugee Protection Act |(IRPA). This can lead to refusal if the applicant’ justification is unsatisfactory

This presents a contradiction: the system allows the “non-accompanying spouse” option, yet IRCC officers may later challenge lt. exposing applicants to risks despite adhering to the platform’s design.

Real Case Example

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A pertinent example surfaced recently within the Indian immigration community on social media. An applicant declared their |spouse as “non-accompanying” to enhance their CRS score and successfully obtained an [requester], post-submission, they received a PFI from IRCC, which I have attached for your reference (see attached screenshot). The letter states verbatim:

$.19(1) FFD erccpcres Sempenan conse [chpatS"T have concerns you directly or indirectly misrepresented or withheld material facts relating to relevant matters that induce: lor could induce an error in the administration of IRCC Act and Regulations, as CEC has a Comprehensive Ranking System (CRS (Criteria, with points per factor granted with a spouse or common-law partner and without a spouse or common-law partner [Therefore Tam asking you to submit any additional information/documentation that would allay my concerns, I require IMMS562 [Fravel History form for you and your spouse. T require an explanation why your spouse is not included as an accompanying [cbpatSThis PFL, shared widely online, demanded the applicant justify their declaration, hinting at misrepresentation under Section 40 lof IRPA. The case exemplifies the uncertainty applicants face, as they must retrospectively prove their intent aligned with their profile, ldespite the system's explicit allowance of the option \cbpat5Questions for Clarificatiot | fcbpatSTo better counsel our clients and ensure compliance, | respectfully request guidance =U | 1 essen When is it permissible to declare a spouse as non-accompanying in_an Express Entry profile’ ma 2. What criteria do IRCC officers use to evaluate whether this declaration risks misrepresentation under Section 40 of IRPAY 3. [Official Guidelines:] Are there specific references in the Immigration and Refugee Protection Regulations (RPR) or operational manuals addressing this practice’ 4, [Supporting Evidence:] What documentation or explanations should applicants provide to validate their declaration and avoid a PEL or refusal \cbpatSRequest for Guidance eT (cbpatSI Kindly request references to relevant sections of the Immigration and Refugee Protection Aci (IRPA). the Immigration and Refugee Protection Regulations (IRPR), or operational manuals clarifying IRCC’s position. If recent policy updates exist, please direct Ime to them. This will help us advise clients accurately, minimizing procedural challenges. fcbpatS Thank you for your assistance. Vour response will enhance our ability to support applicants confidently | «ITyyy 002298

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