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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.

Family sitting together and talking

Here’s an Overview of our Process for Sponsoring your Family

  1. Eligibility Assessment: We start by meticulously reviewing your eligibility as a sponsor and that of your family members to be sponsored. This involves assessing the genuineness of your relationship (in spousal, common-law and conjugal applications), examining their legal status, and evaluating any other pertinent factors that might impact the preparation of the file, such as previous relationships and criminality, financial responsibility, previous relationships, divorces, spousal and child support obligations, to mention a few.
  2. Preparation of your Application Package: Once both parties’ eligibility is established, I will assist and guide you in gathering all necessary documentation, including documents specific to your application.
  3. Application Submission: We ensure that your entire application package is accurately completed and submitted to avoid any delays.
  4. Post-Submission to Immigration, Refugees and Citizenship Canada (IRCC): We handle all communication with immigration officials throughout the processing period. I will follow up with immigration regarding the status of your application ONLY after IRCC has exceeded its processing time, as advertised on its website. Otherwise, immigration SHALL NOT respond.
  5. Interview Preparation: If an interview is required, I will provide extensive preparation to ensure that you and your family members are ready to present the case effectively and that they understand the process and what to expect during the interview.

Over the years, I have assisted many applicants with complex situations, including previous relationships, criminality, spousal and child support obligations, and I would be happy to assist you in your sponsorship application.

After you book a consultation, a questionnaire will be sent to assess the eligibility of the sponsor and the foreign national. I am here to help you!

Resume from concept.Hand of man holding resume review to applying for job.

Your Resume for Canadian Immigration Purposes

I am writing this blog as I consistently encounter this issue in my practice, and it became clear that prospective temporary permanent applicants need some assistance.

Today, I will discuss how your resume should be prepared for Canadian immigration purposes, as the Canadian resume format is different.  It is imperative that your resume is prepared, having in mind that it will be read by an immigration officer.  Your resume may be included in submitting your application for a:

  1. Study permit
  2. Work permit, and/or
  3. Permanent resident application, an example, an OINP application

For immigration purposes, a chronological format is the best. After you immigrate to Canada, you will need to amend it again for the Canadian labour market, which has different requirements, as you will need to meet employers’ and recruiters’ needs.

The recruitment industry has changed enormously with the digital age. What worked in the past can be professionally fatal today, as recruiters don’t read resumes anymore—they scan.

The result?               You have only 20 seconds to impress the recruiter.

Yes, you might be the best candidate with great qualifications, but if your CV does not communicate that at a glance, you’re done.  It is your job to SHOW IMMEDIATELY that you are the ideal candidate.  That FIRST IMPRESSION is the most important part of a resume; therefore, you will need to research how to effectively prepare your resume at that time.

For now, I would like to assist you in preparing your resume for your immigration-related applications.  Your resume will be read by an immigration officer in charge of your file. Therefore, it needs to meet the immigration requirements.

Every country has different requirements, and a resume prepared for countries in the European Union, or, for an Indian market, most likely will not meet the requirements for Canadian immigration, as immigration officers will be looking for specific information related to your immigration file.

If you’re applying for a specific immigration program, you may also want to check if your resume fits the criteria of the program, in the first place. There are specific rules about which jobs are considered skilled trades or skilled workers. Also, if the job fits the criteria, keep those criteria in mind when writing the descriptions of your past work experience—just make sure that the duties and skills you mention in your description are accurate to the positions you have held. Also, you should review and cross-reference your duties and responsibilities with the corresponding NOC code.

Please also bear in mind that your resume, included in your immigration application, should coincide with your social media accounts, such as Instagram and LinkedIn, as immigration offices DO cross-reference your resume with your social media accounts.

For your ease of reference, attached please find a template of a chronological resume.  I trust that these observations and the template will be of assistance to you.

If you intend to come to Canada as a worker, a student or a permanent immigrant and need assistance in submitting your application, please contact us.

Click Here to Download the Resume Template

Dictionary definition of word

Translation of documents for immigration to Canada: Part 2

This is a continuation of Translation of documents for immigration to Canada: Part 1

Unacceptable affidavits and declarations

 

Accuracy of translated documents

Should the accuracy of the translation appear suspicious, IRCC reserves the right to request a retranslation by a different translator. However, due to the poor accuracy of a translated document, the entire file might lose credibility. Therefore, the counsel should read all the translations and request the translation to be amended, or use the services of another translator.

Based on my experience, it is highly recommended that documents be translated by translators living in Canada, except ID documents such as birth or marriage certificates.

Expiry of translated documents

A translation should be valid indefinitely unless the source document has changed or has expired. The only time the translation would expire and a new translation would be required is if the original document has expired or changed and the applicant submits a new one.

Applications submitted without translations

Applicants who submit required documents without accompanying translations will have their application returned as incomplete or refused, as immigration officers are not obligated to consider documents written in a language other than the state languages of Canada – English or French.

This fact is illustrated in 2017 FC 1105 (CanLII) I Gonzalez Zuluaga v. Canada (Citizenship and Immigration), wherein the Honourable Mr. Justice Martineau indicated that

[ 11] …the officer was entitled not to consider the property titles written in Spanish. In fact, the super visa application guide clearly indicates that documents in a foreign language must be translated into one of Canada’s official languages.

The Case of Hasan Gorgulu and lessons to be learned

The case of Hasan Gorgulu is a worthwhile example of why it is important to ensure the absolute accuracy of the translation of foreign documents.  Mr. Gorgulu’s case was brought before Federal Courts in January 2023. Gorgulu, a citizen of Turkey, applied for a pre-removal risk assessment (PRRA) to IRCC. However, although he provided copies of these documents translated into English, they were not certified.  Therefore, Gorgulu’s application was refused because the IRCC officer stated that the English documents were not “certified to be accurate by the translator”.

Any documents submitted in a non-official language must be accompanied by an official language translation, complete with a translator’s declaration. The Guide also states that documents submitted only in non-official languages will not be considered, as the federal court states that IRCC personnel cannot be required to understand documents written in non-official languages, because IRCC personnel will not be able to assess the information in the document written in a foreign language, and after all the state languages of Canada are English and French.

Another interesting case to read is Wang v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 8576 (FC).

Failing to provide a complete, accurate and certified translation of foreign-language documents into English or French can have dire consequences for an immigration application.

The final confusing issue is between “a certified or notarized document” and “a certified translation.”

A certified or a notarized document means that a notary public states this is a true copy of the original document.

A certified translation means that the translation is done by a professional translator, not a person himself.

I trust that the presented aspects will allow you to avoid having your documents translated several times and spare you from frustration, stress and waste of time and money when preparing a Canadian immigration application.  Always make sure to hire the right translator.

If you have any questions or need further clarification regarding your application, don’t hesitate to book an online consultation.

Learning foreign languages online. Headphones and countries flags on the background.

Translation of documents for immigration to Canada: Part 1

Individuals submitting their applications for immigration to Canada must ensure that all supporting documents issued in a language other than English or French are accompanied by an official translation, regardless of your immigration category, be it a temporary or permanent resident application.

This also applies to multilingual documents containing text in English and/or French, such as the European Criminal Record Check, ID cards, driver’s licence, etc.. wherein just several or even one single word is in another language, as it might be an officer’s discretion to return or refuse your application.

IRCC does not accept translations done by you, the applicant, family members, or your legal representative, be it a consultant, a lawyer, or a notary, regardless, your representative may be a certified translator.

Documents written in a foreign language must be:

  1. translated by a certified translator and
  2. accompanied by an affidavit or a declaration signed by a translator and/or stamped by the translator who translated the document

Please note that some provincial nominee programs may have their specific translator’s affidavits, and therefore, you need to ensure that the translation meets these specific requirements.

If documents are translated in Canada

Applicants should use the services of a certified translator who is in good standing with their provincial or territorial organization. The translator’s certification can be confirmed by a seal or stamp that shows the translator’s membership number of the association. In Ontario, such an association is called the Association of Translators and Interpreters of Ontario (ATIO). Every province has its own professional translation association.

Documents translated by a non-certified translator

Whether the translation was conducted by a certified translator or in situations where the translation cannot be provided by a certified translator, for languages such as Lithuanian, Latvian, Estonian and other nations with a very small population in Canada, in either case, the translation must be accompanied by an affidavit/declaration wherein the translator swears to the accuracy of the translation.

SOMETIMES, the translator is required to swear that the translation is a true rendition of the source document in front of a commissioner authorized to administer oaths.

Who can swear an affidavit?

In Canada:

  • a notary public
  • a commissioner of oaths
  • a commissioner of taking affidavits

Outside Canada:

  • a notary public, or equivalent

Translations done outside Canada.

Each country may have different requirements for the translation of documents. Therefore, the translations need to meet the requirements of that country. Regardless, it MUST be accompanied by a translator’s affidavit or a declaration.

Continue to Part 2 »

Rippled textile flag of Canada close up

About Canada

Canada is a federation composed of ten provinces and three territories, which may be grouped into regions: Western Canada, Central Canada, Atlantic Canada, and Northern Canada (the latter consists of the three territories Yukon, Northwest Territories, and Nunavut).

Provinces have more autonomy than territories and each has its own provincial or territorial symbols. The provinces are responsible for most of Canada’s social programs: health care, education, and welfare.

Provinces & Territories

www.hellobc.com – British Columbia
www.travelalberta.com – Alberta
www.sasktourism.com – Saskatchewan
www.gov.mb.ca – Manitoba
www.ontariotravel.net – Ontario
www.bonjourquebec.com – Quebec
www.tourismnewbrunswick.ca – New Brunswick
www.novascotia.com – Nova Scotia
www.tourismpei.com –Prince Edward Island
www.explorenewfoundlandandlabrador.com – Newfoundland and Labrador
www.nwt.worldweb.com – North-West Territories
www.nunavuttourism.com – Nunavut
www.travelyukon.com – Yukon Territory

We trust that learning about Canada’s diverse provinces and territories will help you make an informed decision and that you’ll soon find the perfect place to call home.

Inscription fraud

About Fraud

Beware of Immigration Fraud!

You’ve decided that you want to immigrate to Canada to make a better life for yourself and your family. During a consultation, you discover that you do not have enough points, and in order to obtain a higher score so you can immigrate to Canada under the Express Entry system, a Labour Market Impact Assessment (LMIA) is required.

An LMIA is initiated by a Canadian employer from within Canada and is issued by Service Canada. In addition to your Express Entry application, an LMIA is also often necessary for a work permit. The employer needs to prove to the Canadian government that the company is unable to locate a Canadian permanent resident or citizen to fill the position. It is a complicated, lengthy and fairly costly process that companies often do not wish to go through, as the employer is required to provide financial documents to Service Canada, pay the required salary, advertise for one month in accordance with the requirements established by the government, and submit an application for the LMIA to Service Canada. The employer will also most likely be interviewed by Service Canada to ensure that the job offer is genuine. Because of all these challenges, some employers are reluctant to go through the process and instead try to meet their employment needs within Canada.

And that is when unassuming and trusting individuals may get ripped off by those selling fake LMIAs. This happens in various countries where companies are involved in the immigration business but are not licenced, acting instead as unauthorized “ghost” consulting firms. Be vigilant. Protect your investment, your savings and your future from bogus promises and fraudulent individuals. Fraud is a criminal offence in Canada.

Identity theft is another form of fraud to watch out for. Once you’re in Canada, criminals involved in identity theft may pose as immigration officers. They may call you and require you to meet them, threatening that you will be deported if you refuse to meet with them and pay them money. They usually schedule their meetings close to immigration centers. Don’t be scared. Protect yourself and call the police, and refrain from engaging in further conversation.

Be cautious about immigration services with suspiciously low prices. Fees that are much lower than the market rate and easy-entry programs are attractive, but if it sounds too good to be true, it most likely is. They may be selling you services for an immigration program that doesn’t exist! In addition to fake LMIAs, be on the alert for other false documents, such as visas for made-up programs.

Do not be deceived by advertisements that quote very low fees. You need to question what kind of service such a company is going to provide for so little money. Properly preparing an application for a client requires professional knowledge and time. Individuals that charge low fees are usually not authorized to represent you to IRCC, and the low fees are just there for them to make some quick, easy money.

There’s no need to take our word for it. A little research will bring up real-life cases where would-be immigrants have become victims of fraudsters.

Don’t be the victim of a scam; contact a licensed immigration professional. We’re here to help with your LMIA, work permit and permanent residence, and we’ll do it the right way!

Language Assessment

Planning to Immigrate to Canada?

One of the mandatory requirements under the Express Entry management system is the results of the language test, conducted by a designated language-testing agency approved by Immigration, Refugees and Citizenship Canada (IRCC). There are three IRCC-approved language test facilitators: CELPIP and IELTS for English, and TEF and TCF for French.

It has been established that knowledge of one of the official languages of Canada plays a major role in the economic and social success and integration of immigrants to Canada.

Therefore, IRCC has made it mandatory that applicants to most immigration categories meet the minimum language requirements.  Language tests are also mandatory for applicants whose native language is English or French, as the test score results are the only way to allocate language points to the applicant.  Your language test results must be less than two years old on the day they are received by IRCC.

Language Requirements for Different Immigration Programs

The language requirements are different depending on which immigration program you are applying for, as the language skills you’ll need will differ depending on whether you are hoping to immigrate to Canada as a skilled professional, a tradesman, as a business person, or through a provincial nominee program.

An applicant needs to achieve the required score in every ability: reading, writing, listening and speaking, as an overall score is not enough for immigration purposes. If an applicant lacks 0.5 of a point in one ability, then it means that the applicant is not eligible and thus needs to improve their language skills.

Should I Choose IELTS or CELPIP? 

Your choice depends upon the availability of testing centers in your country.

IELTS has testing centers located in over 140 countries, while CELPIP has test centers at multiple locations across Canada, test sittings in Dubai, UAE, and New York, USA.  Please register as early as possible to avoid lengthy waiting times.

The Cost of Taking a Test

The fee may be about $300.00CAD per test; fees should be clarified with the specific test center where you intend to take the test.

Both facilitators offer free sample tests, upon completion of which you will be able to decide if you should register for a preparation course. The higher the score, the more points you will gain under the Comprehensive Ranking System under Express Entry. Because of this, you may find that you want to improve your language skills even if the practice tests show that you will probably pass.

English Language Test

CELPIP — Canadian English Language Proficiency Index Program — www.celpiptest.ca

You must take the “CELPIP-General” test to support your immigration application.

IELTS — International English Language Testing System —www.ielts.org

IELTS has test centers all over the globe.  You must take the “General Training” test.

French Language Test

TEF — Test d’évaluation de français  — www.francais.cci-paris-idf.fr

TEF is only available in French.

You must submit results from these TEF tests as proof of your French language skills:

  1. TCF Canada: Test de connaissance du français, including: https://www.ciep.fr/tcf-canada
  2. compréhension de l’écrit
  3. compréhension de l’oral
  4. expression écrite
  5. expression orale

Language Test for Students

Applicants planning to study in Canada are also required to meet the language requirements to successfully study at Canadian educational institutions.  Potential students from countries where English is not the primary language of instruction are required to provide an English language proficiency examination test result.  As a rule, tests must have been taken within the last 24 months at the time of the submission of your application.

A minimum overall band score of 6.5 is usually required for the academic (NOT general) IELTS test.  Some universities require an overall score of 7.0. Therefore, you will need to contact the educational institution of your choice in order to clarify the language requirements.

If you intend to study English or French as a Second Language, preliminary test results may not be required, as you will be required to take a  test later to be placed in a group at your level.

Be prepared so that the best language test results can bring you closer to your dreams in Canada.