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Time of India
4 days ago
- Politics
- Time of India
Canada: Spike in refusals for express entry applications where spouse is shown as ‘non-accompanying'
Representative Image Canada's immigration agency is increasingly rejecting 'Express Entry' applications for permanent residency, or is issuing procedural fairness letters (PFLs) in cases where applicants have declared their spouse as 'non-accompanying' often with the intent of improving their Comprehensive Ranking System (CRS) score. In many instances, the spouse was already residing in Canada – working or studying. It is not just those outside Canada who can apply to become permanent residents under the Express Entry route – it is also open to those already in Canada such as on temporary work visas. Express Entry is Canada's point-based mechanism used to manage immigration applications for skilled workers who want to become permanent residents. Based on various parameters such as age, education, French language proficiency etc, candidates are given a Comprehensive Ranking Score (CRS). Post which, they are placed in the Express Entry pool and ranked relative to each other. Periodical draws are held and those attaining the cut-off CRS score get an invite to apply for permanent residency. When an individual applies without including his/her spouse ( shown as 'non-accompanying spouse'), the individual is assessed as a single applicant, which the point distribution system tends to favour. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Take a Look - How Watching Videos Can Boost Your Income TheDaddest Undo A single applicant can get up to 40 more points under the 'Core Human Capital' section because spouse-related sub-factors are not considered. Being a single applicant helps boost scores if the spouse's credentials (education, language, etc) are weak and would drag down the scores. Kubeir Kamal, a regulated Canadian immigration consultant (RCIC) told TOI, 'This tactic of declaring a spouse as 'non-accompanying' has unfortunately become widespread, particularly among applicants who are already residing in Canada with their spouse on temporary status (eg: one is on a closed work permit and the other is on an open spousal work permit). In such cases, Immigration Refugees and Citizenship Canada (IRCC) is rightly scrutinizing whether the spouse was ever genuinely intended to be excluded. ' Added Manish Kapoor, a regulated Canadian immigration consultant, 'IRCC has increasingly taken the position that if an applicant's spouse is physically present in Canada, it implies an intention to permanently reside. As such, declaring the spouse as non-accompanying may be interpreted as a misrepresentation under sections 16(1) and 40(1) of the Immigration and Refugee Protection Act (IRPA), which require applicants to answer truthfully and prohibit the withholding of material facts. ' Kamal cautioned that if both partners are living and working in Canada, declaring a spouse as 'non-accompanying' without a valid and well-documented reason such as custody arrangements, or family obligations, can be seen as a deliberate misrepresentation, which in addition to refusal of the application can lead to a five-year ban from re-applying. 'If spouse is outside Canada, you may still list them as non-accompanying if it's truthful and justifiable—for instance, owing to custody of children or job obligations of the spouse in the home country. In this case, a strong letter of explanation and supporting evidence is required. Further, intentions must be aligned with the declaration: If you say they're non-accompanying, don't sponsor them immediately after landing!,' said Kamal. 'Historically, similar applications were approved without issue, raising concerns about consistency in decision-making in the application of policy. Many applicants argue that they have valid reasons for listing their spouses as non-accompanying and have provided clear explanations, yet refusals continue to rise. It will be important to watch how the Federal Court interprets the concept of an 'accompanying spouse,' particularly as an increasing number of applicants seek judicial review. The outcome of these cases may set a significant precedent for future immigration decisions,' added Kapoor.. Traditionally, India has been a top-source country for those getting invitations to apply for permanent residency under the Express Entry system. In 2023, nearly 52,100 Indians were invited to be permanent residents (bagging 47% of the total invites). Country-specific data for 2024 is not available. Of late, the modalities of the Express Entry mechanism have changed. All-program or general draws have become a rarity. Of late, IRCC has issued invitations to become permanent residents extensively based on category based Express Entry draws such as French‑language proficiency, Canadian Experience Class (CEC), Provincial Nominee Program (PNP), or occupational specific draws such as health‑care, education, and trades. Further, from March 25, candidates no longer earn additional Comprehensive Ranking System (CRS) points for holding a valid job offer – this change was done to prevent fraud through illicit sales of 'Labour Market Impact Assessments'. Immigration experts point out that there are bonafide ways to improve the CRS score such as improving language results, obtaining proficiency in French or even by exploring PNP options.
Time of India
30-04-2025
- Business
- Time of India
Canada to continue immigration caps, focusing on global talent
Canada's next expected Prime Minister, Mark Carney , is likely to continue with the Liberal Party 's push for sustainable immigration levels aimed at easing pressure on housing and public infrastructure, as per a report by Lubna Kably. The government is set to follow the 2025–2027 immigration levels plan announced in October 2023, which proposes to cap the combined population share of international students and temporary foreign workers at under 5% by 2027. As of now, this group makes up 7.3% of Canada's total population of 41.5 million. #Pahalgam Terrorist Attack The groundwork before India mounts a strike at Pakistan India considers closing airspace to Pakistani carriers amid rising tensions Cold Start: India's answer to Pakistan's nuclear threats The Liberal Party's focus, as outlined in its immigration agenda, is to shift temporary residents to permanent status and to attract high-skilled global talent through an updated Global Skills Strategy Program. The agenda also emphasises credential recognition for foreign professionals and reducing immigration processing backlogs. Mark Carney, who is expected to lead the Liberal Party into the next phase of governance, has earlier said, 'We had much higher levels of foreign workers, students, and new Canadians coming in that we could absorb… And so we are letting down people, that we let in, quite frankly.' He pointed out that decisions made during the pandemic in response to labour shortages had caused the system to become imbalanced. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like You might be interested Undo The Liberal Party plans to stabilise permanent resident admissions at below 1% of the national population each year beyond 2027. The targets are 390,000 for 2025, 380,000 for 2026, and 370,000 for 2027. India remains the top source of immigrants, with 130,000 Indians becoming permanent residents in 2024 — though this figure is down by nearly 9% from the previous year. (Join our ETNRI WhatsApp channel for all the latest updates) The population of temporary residents in Canada has grown significantly — from 437,000 in 2019 to approximately 1.2 million in 2023. The existing cap on temporary residents, including students and workers, will remain in place. Live Events Ontario-based Regulated Canadian Immigration Consultant (RCIC) Manish Kapoor noted, 'Carney's advocacy for sustainable immigration suggests a potential inclination to maintain the existing immigration levels plan, including for temporary immigration. This news may be viewed positively by prospective students and immigrants from India.' In 2024, India continued to be the leading source of international students in Canada , with 427,000 enrolled. However, only 190,000 study permits were issued to Indian students — a decline of 32% from the previous year. Kubeir Kamal, a Toronto-based RCIC, said, 'The continued 35% cut in study permits (down to about 3.15 lakh) is a tough pill for the large Indian student contingent. However, the Liberals' big bet on Francophone immigration is sparking a pivot toward learning French, and fast. Bilingualism could give Indian students an edge in permanent residency streams like Express Entry, where Francophone candidates often score extra points.' The revitalisation of the Global Skills Strategy Program is expected to play a key role in attracting top global professionals. The program offers a two-week processing window for work permits and supports Canadian firms looking to hire skilled immigrants. Enhancements to this initiative are likely under the Liberal plan, as per Kably's report. The Liberals also aim to work with provinces to streamline recognition of foreign qualifications and work experience — a persistent challenge for Indian professionals seeking jobs in their core domains. Immigration experts expect targeted programs to address these skill gaps in the near future.
