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Non Accompanying to Accompanying Spouse after ITA but before e-APR

Hi Fellow Members,

I require your suggestion or advice on this question:

I received ITA in December 2018 with status as Married & Non accompanying spouse. This was because WES for spouse was pending. Now after ITA, we have received WES ECA. If I update my spouse to Accompanying now, the score falls but still is 1 point above the cutoff on my round of invitations.

Is it ok to update application to include spouse as accompanying now?
Is there any possibility of denial due to this, since the WES ECA was not done on the Day of my ITA was received?

I appreciate your thoughts on this. If I decline the invitation, I lose 5 points next month due to birthday, this is do or die situation.

Thanks!

Call cic and ask this query asap… They will clarify in detail… Don’t delay this. +16139444000 is the number.

Here are my 2 cents (Still US cents, not Canadian yet) …
Ideally you shouldn’t have mentioned that spouse is non-accompanying just because WES evaluation was pending (not sure if there was any other reason for putting it like that, so apologies in that case).

I think what matters ultimately is whether you are able to meet the cut-off when you submit the documents for the round of ITA which you got, and whether you have true proofs to back that up.

So if you are still above the cutoff, go ahead and submit your profile and give a clear explanation of why you entered your spouse as non-accompanying now in the LOE.

Why I think your case is ok, is that submitting an EE profile is not considered as an application to IRCC. It is the actual application after ITA that is considered a real application to IRCC, so you are not misrepresenting anything.

If you are not eligible (due to low score than cutoff) you risk losing the fee, but if it is considered misrepresentation, you risk ineligibility for 5 years.
(Not a lawyer though)

I have true proofs for everything I mentioned in EE profile.
I will call CIC & try to check with them and if possible try to consult an immigration attorney.

Thank you both for your help, someone giving word of advice gives way more mental strength than we can imagine. Again, Thank you.

Hi , what happened to you after you add spouse after ITA. I am in similar situation. Kindly reply …thanks in advance

Hi friends, Kindly help!
I declared my wife as unaccompanying spouse, but we decided to add her as accompanying after I got the ITA. Accordingly, we recalculated my score and it is EXACTLY the minimum CRS for my round of invitation. IRCC recommends decline the invitation if new recalculated CRS is below the minimum, but in my case it is not. If I were to be in the pool at the time of the draw, I would have lost out due to the tie breaker rule since I submitted after the date. Should I go ahead an submit my application or decline invitation and go back into the pool. Thank you

Please go through the above thread. Also please avoid creating new topics before searching for the relevant ones.

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Sorry for the delay in reply. If it is still relevant, please decline the invitation. You are right, since you added your spouse after ITA and the score is not above the minimum score in your draw, application would be rejected. Look at it like this: Your recalculated score is equal to the minimum cutoff, so according to the tiebreaker rule in your draw, you could not have made it(in my view).

Read this from official source if it helps: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/assessing-electronic-application-on-section-a11-2.html

Of course, I am not a lawyer; so please get a second opinion from a qualified person if you are in doubt. The rule text may be little ambiguous in your case, could be interpreted in your favour or against. If you have a good CRS (read higher 460s, last minimum was 462 as of writing this reply) then I would certainly decline and enter the pool again.

Sorry for delayed reply, if it is still relevant; I will answer now. I submitted my application after making my spouse from Non-accompanying to accompanying. The recalculated score for us was still 1 point above the cutoff in my round of draw, so I went ahead. Spoke to a customer care rep about it and she said it should be ok since I was above the cutoff. I did not decide on it due to this call, but rather read their rules again and again to find any catch. Did not take any advice from an attorney.
Please add a note in your Letter of Explanation why you made the change.

Of course, I am not a lawyer; so please get a second opinion from a qualified person if you are in doubt.

Please refer to above link for reading the rule A11.2 or google it if it does not work.
PS: I received my PPR, so it worked for me.

Great! thanks for your reply.Congratulations on obtaining your PPR. And yes, I declined the invitation and went back into the pool. My individual CRS is 470 and worse case scenario I will apply alone and sponsor my wife later. Thanks