Core IRCC principle to keep in mind

IRCC does not forbid a partner living in Canada from being labelled as non-accompanying but IRCC will look for  full transparency, consistency, and credibility.

It does not always lead to a negative conclusion if the explanation is sincere, supported by documentation, time-bound, and logically coherent.

 

Probable acceptable & defensible reasons when partner is INSIDE Canada but declared as “non-accompanying”

1. Partner is maintaining independent temporary status with a clear, lawful pathway

Examples

• Partner is on a valid study permit and intends to complete their program
• Partner is on a closed work permit tied to a specific employer
• Partner is maintaining visitor status while transitioning to another pathway

IRCC may accept these when

• IRCC acknowledges that family members may continue to pursue different immigration plans.
• Only the landing intention is negated by non-accompaniment.

How to present

"My partner plans to keep their current status as a temporary resident and eventually pursue permanent residence on their own as/if applicable."

📌 Important: You still need to disclose, examine, and provide relationship evidence.

 

2. Partner is already eligible or pursuing PR through a separate program

Examples

• Partner is preparing their own Express Entry profile
• Partner is eligible under PNP, AIP, RNIP, Quebec program, etc.

Why this is credible

• IRCC accepts parallel PR strategies
• This is not considered point manipulation if both profiles stand independently

Best practice

• In a Letter of Explanation /submission, briefly mention the background / reason;  
• Avoid language which may provoke “CRS calculation was the motivation”

 

3. Employment or licensing restrictions would be negatively affected by accompanying PR

Examples

• Partner holds a regulated profession where PR status change affects:
• Licensing
• Employer sponsorship conditions
• Union or contract obligations

Why this may work

• IRCC understands status-linked employment constraints
• This is common in healthcare, regulated trades, aviation, academia, etc.

Key

• Explain practical consequences, not mode of convenience

 

4. Partner requires extended presence outside Canada despite being physically in Canada now

Examples

• Ongoing obligations abroad (business, family care, estate settlement)
• Frequent travel required that conflicts with PR obligation timelines
• Pending legal, tax, or contractual matters abroad

Why may be acceptable

• PR is a right with obligations; deferring landing can be reasonable
• IRCC has not made it mandatory where all family members need to land together

 

5. Medical, insurance, or treatment continuity reasons

Examples

• Partner undergoing ongoing treatment under private or employer insurance
• PR status change would disrupt coverage or continuity of care

Why credible

• Health continuity is a recognized practical consideration
• Especially valid when supported by documentation (without oversharing)

 

6. Temporary personal or family circumstances

Examples

• Caregiving responsibilities (in Canada or abroad)
• Family transitions (childcare, education commitments, separation due to work)

Key framing

• Emphasize temporary and situational
• Avoid vague statements like “personal reasons” without context

 

7. Timing mismatch — readiness to land is not aligned

Examples

• Partner not ready to commit to PR obligations yet
• Financial, employment, or relocation readiness differs

Why IRCC accepts

• Accompanying is about landing intention, not relationship validity

 

Last but not the least, every situation is unique and therefore, it’s highly recommended to seek legal advice to make sure the situation is in your favor, or at least not leading you towards a misrepresentation scenario. Specially, in this sort of cases, Tone matters more than length.

 

Disclaimer: The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own accountability.

If you find any information is untrue or misleading or think you deserve the credit for the write-up, please reach out to me at: mdsiddiqur.rahman@queensu.ca and I will adjust as per your request when you are right.