There is a debate on this issue whether this is a misrepresentation or not. According to the IRPA section 40(1)(a) for directly or indirectly lying about or hiding important facts about a relevant matter that causes or could cause an error in the administration of this Act. Declaring your spouse as non-accompanying to increase your CRS score, when you are living together in Canada or plan to live together, might considered misrepresentation under IRPA section 40.
The option to declare a non-accompanying spouse is intended for genuine cases where the spouse cannot accompany the applicant for valid reasons. Misusing this option to boost your CRS score and obtain PR status is not allowed.
When this can be a Valid reason?
1. If your spouse is unable to come to Canada due to family circumstances.
2. If your spouse has a better opportunity outside of Canada that they do not want to leave.
When can this led to misrepresentation?
1. Your spouse is already in Canada and living with you.
2. Your spouse does not have a valid reason to be a non-accompanying member.
3. You declare your spouse as non-accompanying to increase your CRS score.
What are the Consequences?
You may receive a Procedural Fairness Letter (PFL) from IRCC. If you are unable to satisfy the officer with your explanation and evidence, it may have the following impacts:
a. Refusal of your application without finding misrepresentation.
b. Refusal of your application with a finding of misrepresentation triggering a five-year ban.
c. Revocation of status if misrepresentation is found after obtaining PR.
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