Gaining Spousal and Parental Permission to Move to Canada with a Work Permit

If you hold a work permit in Canada and wish to bring your spouse/partner and child with you, there are specific options you may consider. However, it is important to understand the eligibility criteria and the options available based on your current immigration status.

Eligibility Requirements for Family Sponsorship

Only Canadian citizens or permanent residents can sponsor their families to Canada. If you are neither, your spouse can apply for a visitor visa to enter Canada. Below are the conditions under which you or your spouse might be able to apply for a family member to join you in Canada:

Eligibility Conditions for Joint Applications

You hold a valid study or work permit. Your spouse, common-law partner, or parent holds a valid study or work permit. You are eligible and hold a valid post-graduation work permit, and your study permit is still valid. You or your spouse, common-law partner, or parent hold a temporary resident permit that is valid for 6 months or more. You are in Canada and awaiting a decision on an application for permanent residence for the spouse and common-law partner in the Canadian family class. You made or will make a claim for refugee protection, or you have been recognized as a Convention refugee or protected person by the Immigration and Refugee Board of Canada. You have the right to work in Canada without a work permit but require one for a different job, excluding business visitors. You are a trader, investor, intra-company transferee, or professional under the Canada–United States–Mexico Agreement (CUSMA).

The process for family members to join you can be complex and varies based on your unique situation. It is advisable to seek independent legal advice to navigate the specific requirements and options available.

Application Process and Eligibility

If you are working in Canada on a work permit, you may be able to bring your family members to accompany you during your stay. This is true based on the type of work permit you hold and your specific situation. Family members applying for permits to join you in Canada must meet the eligibility criteria, including:

Proving the relationship between applicants. Providing evidence of financial support. Maintaining health and security requirements.

Our law firm, Lyon Stern, frequently deals with these issues. It is generally recommended to seek independent legal advice regarding the specific requirements and options available for bringing your family members to Canada while you are on a work permit.

Joining Family on a Visitor Visa

It is crucial to note that if you have not included your family in your application, they have no leave permission from the Canadian government. If you did not include them in your application, they have no approved application and therefore no leave to work unless they obtain a visitor visa. Here is a simple breakdown:

If you included them in your application, they have permission to be in Canada. If you did not include them, they do not have permission and must obtain a visitor visa to enter Canada.

Understanding the intricacies of the Canadian immigration system can be overwhelming, especially when trying to ensure that you and your loved ones have the right to be in the country. Consulting with an immigration lawyer or expert can provide valuable guidance on the best course of action for your specific situation.