Immigration Lawyer

SPOUSE VISA

 

International Students can bring their Families to Canada

 

NOTICE: THERE IS NO MANDATORY 6 MONTH WAITING PERIOD. BEWARE OF IMMIGRATION FRAUD !

 

Family reunification is the second largest category of Canadian immigration.Family unification is a cornerstone of Canada’s immigration policy and a stated objective of IRPA [s.3(d)]. Even if you’re only intending to study in Canada for a couple of years before returning home, you might not want to leave your family behind. Immigration Canada recognises how hard separation, even brief separation, can be for families. That’s why international students are eligible to bring their families with them when they come to Canada to study.

 

Spouses or common-law partners of full-time students [C42]

 

Spouses or common-law partners of certain foreign students are allowed to accept employment in the general labour market without the need for an LMIA. This exemption is intended for spouses who are not, themselves, full-time students.

 

Eligibility

Applicants must provide evidence that they are the spouse or common-law partner of a study permit holder who is a full-time student at either a public post-secondary institution, such as:

  • a college
  • trade/technical school
  • university
  • CEGEP in Quebec
  • a private post-secondary institution that operates under the same rules and regulations as a
  • public post-secondary institution in Quebec
  • a private or public secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies or an attestation of vocational specialization
  • a Canadian private institution authorized by provincial statute to confer degrees (for example, a bachelor’s degree, master’s or doctorate) but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province and not in just any program of study offered by the private institution.

Spouses or common-law partners of full-time students are eligible for open or open/restricted work permits, depending on whether a medical examination has been passed. There is no need for an offer of employment before issuing a work permit.

 

Spouses of open work permit holders (Post Graduate Work Permit) [C 41]

 

If the principal foreign worker is the holder of an open work permit (e.g., post-graduation work permit, working holiday work permit), Immigration, Refugees and Citizenship Canada (IRCC) cannot assess the skill level based only on the open work permit, and the spouse or common-law partner applying for the C41 exemption will need to attach proof that the principal worker is employed in an occupation in skill level 0, A or B.

The spousal applicant should submit all the supporting documents,

-including a letter from the principal foreign worker’s current employer confirming employment or a copy of their employment offer or contract;

-and a copy of the principal foreign worker’s last three pay slips.

Source: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html

 

Has your Spouse Visa been refused?

 

Temporary Resident Visa Refusal

Note: If your are a PR or Citizen you can Sponsor your Spouse as a Permanent Resident and you do not need a TRV and Open Work Permit.

Spousal Sponsorship

 

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