Bringing a Spouse, Common-Law Partner, or Family Members to Canada
Are you thinking about inviting a spouse or common-law partner, or other members of your family, to join you in Canada?
Canada’s generous immigration policy allows certain family members of international students to come to Canada to work and/or study. This overview will guide you on how to bring your family to Canada while you pursue your studies.
Family members, including spouses, common-law partners, and dependent children, can often apply for open work permits or study permits, enhancing your support system during your time in Canada.
For detailed information on eligibility, application processes, and specific requirements, be sure to explore the resources available on this CanadaVisa page. If you need further assistance, don’t hesitate to reach out!
Table of Contents
- Definition of a Family Member
- Visitor Visas
- Work Permits for Spouses
- Minor Children and Canadian Study Permits
- Applying Together
- Extensions
- Does a Child Need a Study Permit?
- Can I Bring my Parents While on a Study Permit?
- Contact the Cohen Immigration Law Firm for Assistance
Definition of a Family Member
For the purposes of this page, “family member” refers to a spouse, common-law or conjugal partner, and dependent children. This definition is important when considering how to bring your loved ones to Canada while you study.
Family members may be eligible to apply for work permits or study permits, allowing them to join you during your educational journey. It’s essential to understand the specific application processes and requirements for each category of family member. If you need more detailed guidance, feel free to reach out for assistance!
Visitor Visas
To determine if you need a Temporary Resident Visa (TRV) or an electronic Travel Authorization (eTA) to visit Canada, follow these steps:
Temporary Resident Visa (TRV)
Required: Citizens from certain countries and territories must apply for a TRV to enter Canada.
Application: A TRV cannot be obtained at a Canadian Port of Entry; it must be applied for before traveling.
Processing Time: Be mindful that if a medical examination is required, it can add significant time to the processing of your application.
Electronic Travel Authorization (eTA)
Visa-Exempt Travelers: Most travelers from visa-exempt countries need an eTA to fly to Canada.
Exception: U.S. citizens do not need either a TRV or an eTA.
How to Check Your Requirements
Use the Visiting Canada Tool provided by the Canadian government. This tool will help you determine if you need a TRV or an eTA based on your nationality and travel plans.
Important Notes
Always check the latest requirements as policies may change.
Ensure all documents are in order well in advance of your travel date to avoid any last-minute issues.
Work Permits for Spouses
IRCC has updated the eligibility criteria for spouses of international students seeking an open work permit in Canada. This permit allows the holder to work for any employer without needing a job offer or a Labour Market Impact Assessment. However, there are some important conditions and changes to be aware of:
Key Points for Spouses of International Students
1. Validity of Work Permit: The open work permit for a spouse is generally valid for the same duration as the international student’s study permit.
2. Eligibility Criteria for Applications Made After March 19, 2024:
The student must be enrolled in:
A master’s or doctoral degree program at a university or polytechnic institution.
Specific professional degree programs, including:
Doctor of Dental Surgery (DDS, DMD)
Bachelor of Law (LLB, JD, BCL)
Doctor of Medicine (MD)
Doctor of Optometry (OD)
Pharmacy (PharmD, BS, BSc, BPharm)
Doctor of Veterinary Medicine (DVM)
Bachelor of Science in Nursing (BScN, BSN, BNSc)
Bachelor of Education (B. Ed.)
Bachelor of Engineering (B. Eng., BE, BASc)
3. Required Documents for the Spouse:
A valid letter of acceptance from the designated learning institution (DLI).
A proof of enrollment letter from the DLI.
Transcripts from the current program.
4. Proof of Relationship: The student must provide proof of their relationship to the spouse or common-law partner.
5. Conditions for Applications Made Before March 19, 2024:
The student must have a valid study permit.
The student must be eligible for a Post-Graduation Work Permit (PGWP).
The student must be a full-time student at eligible DLIs:
Public post-secondary institutions (colleges or universities).
Private college-level schools in Quebec.
Private institutions legally allowed to grant degrees under provincial law.
6. Upcoming Changes: Later in 2024, only spouses of master’s degree students whose programs last 16 months or longer will be eligible for an open work permit.
Important Considerations
If your spouse or common-law partner already has an open work permit under the previous criteria and wants to extend it, they must meet the same eligibility criteria as before the changes.
Ensure all documentation is complete and accurate to facilitate the application process.
For any assistance with the application process or to ensure you meet the requirements, it may be beneficial to consult with an immigration lawyer.
Spousal Work Permit Timing and Application Procedure
Canadian visa offices abroad typically allow applicants to process a work permit application simultaneously with their study permit application. This means that, in addition to the study permit processing fees, applicants must also pay the fees for the work permit.
Alternative Application Pathways
1. Visitor to Work Permit: A spouse or common-law partner can enter Canada as a visitor and then apply for a work permit after arriving. This option may be suitable for those who want to be in Canada before starting the work permit application process.
2. Port of Entry Applications:
For citizens of countries that do not require a Temporary Resident Visa (TRV), the work permit application can be made at a Canadian Port of Entry (POE).
In some cases, citizens from visa-required countries may also apply at the POE, provided they meet specific eligibility criteria.
Important Considerations
Ensure all documentation is in order before applying, whether submitting applications from overseas or upon arrival in Canada.
Be aware of the conditions and requirements for both study permits and work permits to avoid delays in processing.
Minor Children and Canadian Study Permit Rules
If you or your spouse or common-law partner is already in Canada, your minor child can study without a study permit at the preschool, primary, or secondary level. However, once your child reaches the age of majority in their province, they will need to apply for a study permit to continue their education. This application can be made from within Canada.
Key Points for Study Permit Applications:
Inside Canada: If your child is already in Canada, the study permit application can be completed while remaining in the country.
Outside Canada: If you are applying from outside Canada, the study permit for your child must be submitted at a Canadian visa office overseas.
Additional Considerations:
Ensure you have the necessary documentation ready for the application process.
Check the specific age of majority in your province, as it can vary across Canada.
Applying Together
If you’re planning to bring your family to Canada while you study, and you all plan to arrive together, you might consider submitting a single application for the entire family. However, if your application includes various permits—such as your study permit and your spouse or common-law partner’s work permit—you’ll need to prepare additional documentation and pay extra fees, including the work permit processing fee.
Important Steps:
1. Single Application: Consolidating your applications can simplify the process.
2. Required Documentation: Make sure to gather all necessary documents for each family member.
3. Fee Payment: Be prepared to cover the fees for each application included in your submission.
Tips:
Double-check the specific requirements for each type of permit to avoid delays.
Consider consulting with an immigration expert if you have questions about the process.
Extensions
If you wish to extend or change the conditions of your stay in Canada, you’ll need to submit a separate application. It’s crucial to check the expiry date on your study permit and apply at least 30 days before that date to ensure you can extend your stay without issues.
Key Steps:
1. Check Expiry Date: Always be aware of when your study permit expires.
2. Submit Application Early: Aim to apply at least 30 days before expiration.
3. Separate Application: Remember that extensions or changes require a new application.
Tips:
Keep a copy of your application and any submitted documents.
Monitor your application status to stay informed.
Does a child need a study permit?
Children accompanying an adult who is in Canada on a work or study permit can attend pre-school, primary, and secondary schools without needing a study permit. However, once they reach the age of majority in their province, they will need to apply for a study permit to continue their education in Canada.
If the child is… | Documents needed | Study permit required |
|---|---|---|
a Canadian citizen | Passport, citizenship card, or birth certificate | No |
a Canadian permanent resident | Record of Landing (IMM 1000), Confirmation of Permanent Residence (IMM 5292) or Permanent Resident Card | No |
a foreign national accompanied by a parent with Visitor status | Stamp on the child’s passport or on the father’s or mother’s passport on which the child is listed as a son or daughter | Yes |
alone, or with a parent who is a temporary resident and has a study or work permit | Child’s passport or child listed on the parent’s passport. The child may have a visitor record. The parent has a study or work permit. (See note below) | No |
a refugee claimant, whether accompanied by a parent or not | Determination of Eligibility letter from Immigration, Refugees and Citizenship Canada (IRCC). Child’s passport or child listed on a parent’s passport, or any available travel or identity documents. May also have an expired IRCC document. | |
in Canada without status | Child’s passport or child listed on a parent’s passport, or any available travel or identity documents. May also have an expired IRCC document. | No |
Can I bring my parents while on a study permit?
While on a study permit, international students can invite their parents to visit Canada using a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA), depending on their nationality. This allows parents to travel to Canada and spend time with their child while they study. It’s important to check the specific requirements and application processes for TRVs or eTAs based on the parent’s country of citizenship.
Contact THE MILLENNIUM IMMIGRATION For Assistance
Need help with studying in Canada? THE MILLENNIUM IMMIGRATION is here to assist you! With over 11 years of Canadian immigration expertise, we can guide you through the process.
Contact us today to schedule a free telephone consultation with one of our experienced lawyers.