umbrella protects husband and wife. the concept of husband and wife protection. Homeowners spouses

How to prepare a Spousal Sponsorship application to avoid a refusal or to have it returned?

The Spousal Sponsorship application process is not just an administrative task but a complex journey that can be overwhelming and time-consuming. It becomes particularly challenging when the case is not straightforward and involves factors such as previous relationships, divorces, and child and spousal support. A typical spousal application may range from 120 to 150 pages, and with the requirement for document translation, it can extend to as many as 200 pages. This complexity underscores the need for professional assistance to navigate the process effectively.

It is public knowledge that many applications are fraudulent, submitted by people using the Spousal Sponsorship application process to obtain permanent residence status in Canada.  To avoid delays, procedural fairness letters, and to have an application returned or even refused, it is of utmost importance to submit a well-prepared and strong application that will be approved without any delays.  Often, when individuals endeavour to apply on their own, without the assistance of an immigration professional, the application may be weak and fail to convince the visa officer that the relationship is genuine or lack proper documentary evidence. As a result, the officer may request an interview with both partners, wherein a cross-examination method is usually used, issue a procedural fairness letter seeking additional evidence and explanation to dispel the officer’s doubt, return an application as incomplete, or outright refuse it.

What if the application is returned?

This occurs if your application is incomplete, and in this case, due to the resubmission, which will require a thorough review of the returned package, you will lose 2-3 months, and the processing time will start from the second submission.

Here are some reasons for returned applications

  • Incorrectly answering questions on various forms
  • Leaving blank or unanswered questions and not indicating “N/A” where applicable
  • Missing documentary evidence
  • Incorrect photo specification: date of birth or date the photo was taken, studio name was missed, or incorrect white space around the head
  • Mixing up the “Principal applicant” and the “Sponsor”

What if the application is refused?

I will take the liberty of blaming the IRCC to a great extent for the large number of refusals. The IRCC online instructions suggest that the process is simple and that assistance from an immigration professional is not required. While this may be true for straightforward applications, many applicants only realize the complexity involved after starting the preparation of their application on their own or after the application is returned or refusals. If an application is returned for being incomplete, the processing time will start from the date the application is resubmitted. Unfortunately, processing times are often lengthy, typically 12 to 24 months. Additionally, the processing times posted on the government website are approximate and subject to change.

An interview required

Applicants often become nervous and confused during the interview and, as a result, answer questions incorrectly. The immigration officer will take detailed notes throughout the interview and will refuse the application if the officer is not convinced that the relationship is genuine. If we were your representatives, we would be able to prepare you for the interview and hope to put you at ease during it. However, the entire interview is in your hands.

Procedural fairness letter

Suppose immigration sends you a Procedural Fairness Letter (PFL) requesting additional information or documentation. In that case, providing a detailed explanation letter and documentary evidence supporting your response to every question is imperative. Failing to provide this will result in a refusal. Should you find yourself in such a situation, it is strongly advisable to seek professional assistance to prepare your response and dispel the officer’s doubts. If an application is refused, the appeal, judicial review process, or re-submission will take considerable time.

Proving the genuineness of a relationship

The IRCC carefully scrutinizes the genuineness of every relationship to prevent marriage fraud for immigration purposes. If the officer is not convinced that the marriage is genuine, they will refuse the application and may ban the sponsored spouse from entering Canada for five years due to misrepresentation.

Some issues that the IRCC takes into consideration when assessing applications:

  • Co-habitation or lack of it
  • Length of the relationship
  • Differences in religion
  • Age difference
  • Cultural differences

Some other potential Issues

  • Open work permit not issued
  • Issues with police certificates
  • Issues with divorce records
  • Issues with children from a previous marriage (accompanying and non-accompanying)
  • Ex-spouse refusing to undergo the examine your non-accompanying children
  • Child or spousal support

Remember, the journey to reunite with your loved ones in Canada may present challenges, but with the right guidance, it is entirely achievable. As a Regulated Canadian Immigration Consultant, with many years of experience handling complicated spousal sponsorship applications, I am committed to helping you navigate the immigration process. Therefore, I invite you to book a consultation to discuss your application.

Top 5 Common Mistakes in Express Entry Applications

If you are submitting your PR application on your own, please consider preventing the following common mistakes, otherwise, your application will be refused, or at least a Procedural Fairness Letter (PFL) will be issued. Here are the top five most common mistakes applicants make when applying under the Express Entry system.

  1. Mistakes related to your NOC code and experience under the code.

One of the most common mistakes when applying under the Express Entry is having less than 12 months of continuous full-time experience in your primary NOC code at the time of submitting your profile or if your code doesn’t fall under TEER category 0, 1, 2 or 3. As a result, your application WILL be refused.

Your NOC is incorrect.  The National Occupational Classification System is what the government uses to map your employment history. This means that you have selected your primary NOC code incorrectly, your application will be refused just for that reason alone.  Your duties must match with substantial (more than 60%) of the main duties as outlined in the NOC and the lead statement of your NOC code. Otherwise, it will result in a refusal.

  1. Poorly drafted employment reference letters that do not adhere to the immigration requirements.

It is common for employers to think of employment reference letters as a document you received from your previous employer outlining your skills and accomplishments and why a future employer should hire you. These are great for your professional career, but they will not help you with your application for Canadian immigration.

Reference letters need to contain the following points, just to mention a few:

  1. to be written on the company’s letterhead
  2. your supervisor’s name, title, and signature should be indicated
  3. your job title and your salary
  4. commencement and termination of your employment
  5. your average number of hours per week
  6. detailed list of your duties and responsibilities you have been discharging
  1. Settlement funds

IRCC expects you to prove your settlement funds presented in the proper format. There could be issues as banks have their standard templates, and banks in other countries could care less about Canadian immigration requirements, as their standard letters usually do not meet the requirements of immigration. The letter needs to be printed on the bank’s letterhead, including, the financial institution’s contact information, your name, your account numbers, the date each account was opened, the currency and the current balance of each account.

  1. Unable to prove that you will reside outside of Quebec.

If you are currently living or working in Quebec, just because you are living in Quebec doesn’t mean you can’t apply through the EE system. In order to convince an immigration officer that after you become a permanent resident, provide the visa officer with sufficient documentary evidence that although you may be working or living in Quebec at the time of submission of the application after your application is approved, you will move outside the province of Quebec.

  1. Misrepresentation

Misrepresentation is a severe immigration offence, which can result in your Express Entry application being refused, and you could be barred from applying for Canadian immigration for several years.

To avoid this, you need to be attentive to the details of your application, including your employment history and medical and criminal issues that you or your family members included in your application have had. Not all medical or criminal issues are barriers to Canadian immigration. If you are not sure what you should or should not be mentioning, you should consult with an experienced Regulated Canadian Immigration Consultant to help you with this or any other part of the application.

Another place where misrepresentation could occur is in answering statutory questions incorrectly, which can sometimes be tricky.

In the best-case scenario, immigration sends you a procedural fairness letter (“PFL”). Sometimes, it is possible to resolve the issues raised in the PFL; however, not always. It is very easy for an immigration officer to refuse your application when documents do not meet immigration requirements.

I trust this information will allow you to avoid these mistakes, as there could be harsh consequences after all the years of waiting. In addition, the CRS score may go up and never come down to the level that you were at, and in the end, you may never get a chance to get another ITA. Therefore, you just can’t ignore all of those factors.

If you are interested in engaging my services, I would be happy to assist you!  I invite you to book a consultation via the Booking page.

Two wedding rings

Will my Application be Approved, as I didn’t Have a Big Fat Greek Wedding?

It is a celebration for the families, as two people connect their lives, hopefully for the rest of their lives.  There is that extra layer of concern when one of the spouses is a foreign national, and eventually, that spouse will be sponsored.

There is a misconception that in order to sponsor your spouse, you need to have that “big, fat Greek” wedding or to have the entire village invited to make your spousal sponsorship application successful. Luckily, this is a misconception, which sometimes causes unnecessary stress.

You do not need to impress immigration officers with photos of your lavish celebration. While an extraordinary celebration might be nice, what really matters is the genuineness of your relationship.

You might have opted for a small, intimate ceremony, and your parents might have missed the big day.  Wedding glamour will not work if you will not be able to convince the officer that your relationship is real.  You need to demonstrate commitment to each other and not just become a permanent resident for immigration purposes.

Love takes centre stage in a spousal sponsorship application, and the documents play a supporting role. The documents submitted only as per the document checklist may not work, as every application is unique, and additional documents may be required. The genuineness of your connection is the key, regardless of what kind of celebration you had, while tying the knot.

If you need some assistance in your family sponsorship application, including complex ones, please book a consultation.