(CANADA) A sharp rise in Express Entry refusals is hitting applicants who list their spouse as “non accompanying,” with Immigration, Refugees and Citizenship Canada now enforcing stricter rules. Many families are facing unexpected setbacks and even five-year bans as policy changes take hold in 2025.
Express Entry, Canada’s main system for skilled immigration, has long allowed applicants to declare their spouse as “non accompanying.” This means the spouse does not plan to move to Canada at the same time as the main applicant. In the past, many used this option to boost their Comprehensive Ranking System (CRS) score, sometimes gaining up to 40 extra points. However, Immigration, Refugees and Citizenship Canada (IRCC) is now treating this strategy with suspicion, especially when the spouse is already living in Canada on a work or study permit.
Why Are Refusals Increasing?
Since early 2025, IRCC has started to see the “non accompanying” declaration as a possible sign of misrepresentation. This is especially true if the spouse is already in Canada. Officials now expect applicants to provide strong, clear reasons for why their spouse is not joining them. If the explanation is weak or not supported by documents, the application can be refused. In some cases, applicants are banned from applying for any Canadian visa or permit for five years.
According to analysis by VisaVerge.com, this crackdown is a direct response to growing concerns about fairness and the integrity of the Express Entry system. As permanent residency (PR) targets have dropped for 2025–2027, competition has increased, and IRCC has tightened its review process.
How Is IRCC Enforcing These Rules?
Applicants who declare their spouse as “non accompanying” are now more likely to receive a Procedural Fairness Letter (PFL). This letter asks for a detailed explanation and evidence to support the claim. If the response is not convincing, IRCC can refuse the application and apply a five-year ban for misrepresentation under Section 40 of the Immigration and Refugee Protection Act (IRPA).
What Counts as a Valid Reason?
IRCC will only accept the “non accompanying” status if there is a genuine, well-documented reason. Acceptable reasons include:
- 📋 The spouse has a job or business abroad and cannot move right now.
- 📋 The spouse is studying in another country and needs to finish their education.
- 📋 There are child custody or caregiving responsibilities that require the spouse to stay behind.
- 📋 The spouse truly does not want to immigrate at this time.
Each of these reasons must be backed up with strong documents, such as employment contracts, school enrollment letters, or legal agreements.
What Should Applicants Avoid?
Applicants should not declare their spouse as “non accompanying” just to get a higher CRS score. IRCC now sees this as a red flag, especially if the real plan is to sponsor the spouse right after landing in Canada. Officials expect the declared intent to match the actual plan. If there is any sign that the applicant is trying to “game the system,” the risk of refusal and a five-year ban is high.
What Happens If You Get a Procedural Fairness Letter?
If IRCC sends a Procedural Fairness Letter, it means they have doubts about your application. You must respond within the time given—usually between 7 and 30 days. Your response should include:
- 📋 A clear, honest explanation for why your spouse is not accompanying you.
- 📋 Documents that prove your reason is real (for example, a work contract, school letter, or custody agreement).
- 📋 Consistent information across all your forms and documents.
If you are unsure how to respond, it is wise to get help from a Regulated Canadian Immigration Consultant (RCIC) or an immigration lawyer.
Recent Policy Changes Affecting Spouses
In October 2024, Canada reduced its permanent residency targets for the next three years. This has made Express Entry more competitive and increased the pressure on applicants. In January 2025, new rules also made it harder for spouses of temporary residents to get a Spousal Open Work Permit (SOWP). These changes mean that families must plan more carefully and cannot rely on old strategies.
Expert Advice for Applicants
Immigration lawyers and RCICs now strongly warn against using the “non accompanying” spouse option unless there is a real, well-documented reason. They say that even small mistakes or unclear explanations can lead to refusals and bans. As one consultant explained:
“IRCC is not giving the benefit of the doubt anymore. If your story does not add up, you will likely face serious consequences.”
Community Reactions and Concerns
Many applicants and their families are feeling anxious and frustrated. Some say they followed the same process as friends or relatives who were approved in the past, but now face refusals. There is growing concern about fairness and consistency in how IRCC makes decisions. Some families have even started legal challenges, hoping that the courts will set clearer rules for what counts as a valid “non accompanying” declaration.
Legal Developments and Future Outlook
A rising number of judicial review cases are now before the Federal Court. The outcomes of these cases could shape how IRCC handles “accompanying” and “non accompanying” status in the future. Experts expect that IRCC will continue to watch these applications closely, especially as public concern about the fairness of the system grows.
Background: How Did We Get Here?
Before 2024, it was common for Express Entry applicants to declare their spouse as “non accompanying” to get a higher CRS score. Approval rates were high, and IRCC rarely questioned the declared intent unless there was clear evidence of fraud. However, as PR targets dropped and competition increased, IRCC began to focus more on the real intentions of applicants.
In 2024 and 2025, IRCC started to see a pattern of applicants declaring their spouse as “non accompanying” but then sponsoring them right after landing. Officials now see this as a sign that the original declaration was not honest.
Practical Steps for Applicants
If you are thinking about declaring your spouse as “non accompanying” in your Express Entry application, follow these steps:
- ✅ Assess Your Reason:
Make sure you have a real, strong reason for your spouse not to join you. This could be a job, school, or family responsibility. - ✅ Gather Documents:
Collect all the paperwork that proves your reason. This might include:- Employment contracts
- School enrollment letters
- Child custody agreements
- Medical records
- ✅ Write a Detailed Explanation:
Prepare a letter that clearly explains your situation. Be honest and specific. - ✅ Check for Consistency:
Make sure all your forms and documents tell the same story. Any differences can raise red flags. - ✅ Respond Quickly to IRCC:
If you get a Procedural Fairness Letter, answer it as soon as possible with all the needed documents and explanations. - ✅ Get Professional Help:
If you are unsure, talk to a licensed immigration consultant or lawyer.
What Not to Do
- ⚠️ Do not declare your spouse as “non accompanying” just to get more CRS points.
- ⚠️ Do not plan to sponsor your spouse right after landing if you said they would not accompany you.
- ⚠️ Do not give vague or unsupported explanations.
Consequences of Misrepresentation
If IRCC decides that you misrepresented your situation, you could face:
Case of Priya and Arjun
Application accepted with valid reason and documentation
Case of Ravi
Application refused with five-year ban for misrepresentation
- Immediate refusal of your application
- A five-year ban from applying for any Canadian visa or permit
- A permanent record of misrepresentation, which can affect all future immigration applications
Alternative Ways to Improve Your CRS Score
Instead of risking a ban, consider these safer ways to boost your CRS score:
- Improve your language test results, especially in French
- Gain more work experience
- Apply for a Provincial Nominee Program (PNP)
- Get more education or training
Official Resources
For the most accurate and up-to-date information, visit the IRCC Express Entry official page. This site explains the Express Entry process, requirements, and recent changes.
Case Example: A Family’s Experience
Consider the case of Priya and Arjun. Priya applied for Express Entry and marked Arjun as “non accompanying” because he was finishing a degree in India. She included his school enrollment letter and a detailed explanation. IRCC accepted her reason, and her application was approved.
In contrast, another applicant, Ravi, marked his wife as “non accompanying” to get a higher CRS score, even though she was already in Canada on a study permit. He planned to sponsor her after landing but did not provide a strong explanation. IRCC refused his application and gave him a five-year ban for misrepresentation.
These examples show how important it is to be honest and provide clear, strong evidence.
Looking Ahead: What to Expect
As more judicial review cases reach the Federal Court, the rules around “accompanying” and “non accompanying” status may become clearer. For now, applicants should expect continued strict enforcement by IRCC. The safest approach is to be honest, provide strong documents, and avoid risky strategies.
Summary of Key Recommendations
- Only declare your spouse as “non accompanying” if you have a real, well-documented reason.
- Prepare strong, consistent documents and explanations.
- Respond quickly and fully to any Procedural Fairness Letter.
- Get professional advice if you are unsure.
- Do not use this strategy just to get a higher CRS score—the risks are now much greater than the possible reward.
Conclusion
The Express Entry system remains a popular way for skilled workers to move to Canada 🇨🇦, but recent changes mean that applicants must be more careful than ever. Immigration, Refugees and Citizenship Canada is now closely checking the real intent behind “non accompanying” declarations. Families who want to succeed should focus on honesty, strong evidence, and professional advice. For more information and help, always refer to official government resources and trusted immigration professionals.
This Article in a Nutshell
