The process to apply for Spousal/Common-Law PR Sponsorship is complex, and unfortunately, we are seeing more and more applicants that were self-represented or had inadequate representation, getting rejected/refused by IRCC due to multiple reasons.
In this post, we are sharing Top 5 reasons why Spousal/Common-Law PR Sponsorship applications get refused or rejected:
1. Not preparing the application properly
This includes not using the correct forms which apply to your particular circumstances, signing, dating forms incorrectly, and digitally signing forms (do not do that unless the form specifically states that it is possible to do so!).
2. Using the incorrect checklist
This is a fairly common issue. IRCC may have a list of Country-specific documents from your Country for this process. Make sure you use the one that applies to you and ensure the additional documents from your home country are appended.
3. Missing essential documents
This is one of the most important things. The documents from the Sponsor and Sponsored person both need to be included. One of the biggest reasons why IRCC rejects the application is if it’s missing any crucial documents. Besides including mandatory checklist documents, it is advisable to include other documents that support your application as it is a paper-based application and the process is fairly time intensive on the visa office’s side of things, therefore having a meticulously built out application package with mandatory and supporting documents that proactively address any all potential concerns in one’s circumstances optimize one’s chances of a faster approval (rather than the time wasted on the back and forth with IRCC offices).
4. Not documenting the relationship
Since the entire premise of Spousal/Common-Law Sponsorship application is based on the relationship being genuine and ongoing, it is difficult for a lot of people to be able to look at their own relationship objectively as a third person (in this case a Visa Officer), and therefore miss addressing crucial aspects of their relationship which they understandably take for granted. The decision-makers for this application type are highly trained to look at each application skeptically therefore having competent immigration professionals review your application and provide you a professional perspective of what else needs to be added is invaluable in time and money.
5. Triggering unintended consequences
Canadian Immigration law is highly complex, and as ignorance of the law is no excuse, we see that a lot of times self-represented or inadequately represented applicants fill-up the form based on a poor understanding of the legalese/verbiage used on IRCC forms. One such example is a question on background info of the applicant as to whether someone has ever been arrested, convicted, jailed, etc. and the applicant did in fact have a DUI from their Home Country, but their country had ‘expunged’ the record, and understanding expungement from their country’s perspective did not report such conviction or did not explain it fully is likely to be inadmissible to Canada for reasons such as Criminality and/or Misrepresentation. The fact is that as per the Canadian legal perspective, Canada equates an offense that happened in another country as if the offense happened inside Canada. Thusly, a DUI from another country even if expunged by that Country is considered under the Criminal Code of Canada as a Serious Crime. Declaration of all these facts is essential. however, there are a few provisions under which an applicant would be deemed rehabilitated from a Canadian perspective of that conviction. It has to be adequately addressed. This is just one example of triggering unintended adverse consequences owing to a rudimentary understanding of what information was legally required of the applicant.
Are you finding the process to build out the application stressful? If you would like a full representation on your Spousal/Common-Law PR Sponsorships application so that a professional can give you competent advice on any potential issues and build out a strong application package, as well as communicate directly with IRCC on your behalf as your counsel – our Immigration professionals can help out with everything!
Contact us right now and let’s schedule a consultation with our Licensed Immigration Professionals!