When applying for permanent residency (PR) in Canada, some applicants choose to mark their spouse as “unaccompanying” to increase their Comprehensive Ranking System (CRS) score. However, this decision can create complications if the applicant later seeks to extend their spouse’s work permit.
The Contradiction IRCC May Identify
Immigration, Refugees and Citizenship Canada (IRCC) may question the legitimacy of a work permit extension application for a spouse who has been declared as non-accompanying in a PR application. The reasoning is straightforward: if an applicant indicates that their spouse is not accompanying them to Canada, it suggests they do not intend for their spouse to remain in the country long-term. However, applying for a work permit extension implies the opposite—that the spouse is, in fact, continuing to reside and work in Canada.
Potential Issues with Work Permit Extensions
IRCC officers reviewing a work permit extension application may see this as an inconsistency. Key concerns include:
1- Genuineness of Intent – If the spouse is listed as unaccompanying in the PR application, IRCC may doubt whether the work permit extension is being sought for legitimate reasons.
2- Dual Intent Considerations – While dual intent (applying for temporary status while pursuing PR) is permitted in Canadian immigration law, contradictory declarations can raise red flags.
3- Risk of Refusal – If IRCC determines that the work permit extension contradicts the PR application details, they may deny the request.
Best Practices to Avoid Complications
To minimize risks, applicants should:
1. Ensure Consistency – If extending a spouse’s work permit, consider whether declaring them as “accompanying” in the PR application is feasible, even if it affects CRS points.
2. Provide Explanations – If there is a valid reason for the discrepancy (e.g., a change in circumstances), include a letter of explanation with the work permit application.
3. Consult an Immigration Professional – Given the complexity, seeking legal advice can help navigate potential conflicts between PR and temporary residence applications.
Conclusion
While it is technically possible to apply for a spouse’s work permit extension after marking them as “unaccompanying” in a PR application, doing so may trigger scrutiny from IRCC. Careful consideration and professional guidance can help avoid refusal and ensure compliance with immigration policies.
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