In Express Entry post-ITA , IRCC’s expectation is simple:

All family members, including a non-accompanying spouse or common-law partner, must be declared, and you must give the IRCC adequate details and supporting documentation to determine your identity and admissibility. 

This means that "non-accompanying" typically affects whether they receive PR from you rather than whether they have to be revealed and investigated.

 

What details must be disclosed for a non-accompanying common-law partner (post-ITA)

In practice, you should be prepared to provide substantially the same core details as an accompanying partner, including:

1) Full declaration in the PR application

All family members (spouse / common law partner and children ) must be included, even if they are not travelling to Canada, according to IRCC regulations.

2) Medical examination (still necessary)

Dependants must have an immigration medical exam even if they are not travelling with you, according to clear IRCC guidelines.

3) Police certifications and background checks (if applicable)

The police certificate requirements for Express Entry apply to you and your family members who are 18 years of age or older and who have lived in a country for more than six months during the relevant period.

4) Family information form

According to IRCC's IMM 5406/5645 guidelines, the spouse or common-law partner (as well as dependent children) must fill out the form whether or not they are travelling.

5) Relationship evidence (Spouse / common-law)

You should expect to submit proof that the relationship meets the spouse / common-law threshold (cohabitation and other mutual/common evidences like renting, family expenses) because IRCC still needs to confirm the family relationship you are declaring.

 

Scenario A: Partner is INSIDE Canada but listed as non-accompanying

What changes (operationally)

• Disclosure requirements do not drop just because they’re physically in Canada.
• Medical exam + background checks still apply.
• Police certificates: they generally won’t need a police certificate for time in Canada (system rules), but they may need them for other countries of residence per EE rules if they stayed for 6+ months at a row.

 

Key risk to manage (this is the big one)

IRCC may examine whether the "non-accompanying" declaration is reliable and in line with your real circumstances (housing, cohabitation, plans, backhome ties, etc.) when the spouse is already in Canada (for job, study, or visitation). You are in misrepresentation territory if the IRCC thinks you suppressed important information or misrepresented the circumstances.

Practice based warning:
If the partner is in Canada and you are effectively living as a couple here, listing them as non-accompanying can trigger closer review and sometimes a procedural fairness letter. Your file must tell a consistent story.

Please read this article to know more about Non-accompanying partners in Canada: Acceptable reasons that IRCC may be convinced.

 

Scenario B: Partner is OUTSIDE Canada and listed as non-accompanying

What changes (operationally)

• The biggest difference is logistics: completing the medical exam through a panel physician abroad and securing police certificates from the correct authorities can take time, so you plan early.
• Disclosure and examination expectations remain the same: include them, have them medically examined, and complete required background checks.

 

Risks of under-disclosure or “not examining” a non-accompanying partner

1) Misrepresentation (refusal + serious consequences)

Withholding or misrepresenting a material fact may potentially lead to a finding of misrepresentation under IRPA s.40.

2) Family member’s inadmissibility can affect the principal applicant

In specific situations (such as certain situations involving non-accompanying members), IRPA includes inadmissibility repercussions linked to family members. 

 

3) Future sponsorship problems if they were not declared/examined

IRCC cautions that failing to disclose family members may result in the "excluded family member" issue, which prevents you from sponsoring them in the future. Additionally, the IRCC's assistance guidelines link background checks and medical exams to future sponsorship eligibility. 

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. 

 

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.