Spouse Visa For Canada Student

If you are an international student, you will have to consider that your spouse can apply for the Spouse Visa for Canada. This visa allows your spouse to live with you in Canada while letting them maintain their status as a visitor. But, before we move on, it is important to understand their current situation.

There are so many students who want to pursue their career in top universities of Canada. As a student, it is common that you cannot handle your visa alone when planning to move to another country. Thus, they need to seek the professional help and guidance. Oh, by the way this kind of visa is also known as Spouse Visa Canada.

Congratulations! You’ve been accepted into one of Canada’s many educational institutions. This is the first step to achieving your academic and professional goals, but it’s also only the beginning. In order to legally stay in the country while you study, you need a spouse visa. There are different types of professions that permit entry, each with their own requirements regarding contribution to the Canadian economy. Obstetricians and Radiologists are amongst one of the best paid professions in Canada and would not require a spouse visa as they already make a significant contribution to the Canadian economy. However, a Registered Nurse would not be able to enter Canada unless they married a Canadian citizen or permanent resident because their profession alone doesn’t warrant entry under Immigration Law.

Spouse Visa For Canada Student

Canada is one of the popular countries where thousands of students are going every year to have their higher education under its bright system. People continue to be attracted towards this country since it is not only famous for its exceptionally honest society but also for providing attractive places for the tourists to stay and enjoy their holidays. If you are living abroad with your family, then it’s a good choice to go there and get your better education but first you need to get a job visa from there.

Definition of a Family Member

For the purposes of this page, “family member” refers to a spouse, common-law/conjugal partner, and dependent children. 

Visitor Visas

Citizens of some countries and territories require a Temporary Resident Visa (TRV) in order to enter Canada as visitors. A visa cannot be applied for at a Canadian Port of Entry, and, in some cases, a medical examination may be required. This can add significant processing time to your application.

Citizens of certain countries do not need a TRV, but, as of November 10, 2016, most visa-exempt persons require an electronic Travel Authorization (eTA). The main exception is U.S. citizens, who require neither a TRV nor an eTA.

To determine whether you and/or your accompanying family members require a TRV or an eTA, use the Visiting Canada Tool.

Work Permits for Spouses

Full-time students with a valid study permit can help their spouse or common-law partner apply for an open work permit. An open work permit will enable the spouse or common-law partner of the international student to work, and is usually valid for the entire length of the student’s study permit. To be eligible for this program, the student must be studying full-time, and have a valid study permit at:

• A public post-secondary institution; or
• A private post-secondary institution that operates under the same rules and regulations as a public institution and receives half of its overall operations budget from government grants; or
• A private institution authorized by provincial statute to confer degrees.

This open work permit allows its bearer to work for any employer in Canada, and does not require a job offer, or a Labour Market Impact Assessment. Bear in mind, this open work permit may exclude certain occupations (such as jobs in schools or hospitals) unless medical examination is provided.

Spousal Work Permit Timing and Application Procedure

Canadian visa offices overseas are generally able to process an application for a work permit at the same time as the study permit application. In such cases, in addition to the study permit processing fees, the applicant(s) must also include work permit processing fees.

Conversely, the spouse or common-law partner may come to Canada as a visitor and then apply for a work permit after arrival. For citizens of countries that do not require a TRV, this work permit application may be done at a Canadian Port of Entry. In some cases, citizens of visa-required countries may also contemplate a Port of Entry application.

Minor Children and Canadian Study Permit Rules

If you or your spouse or common-law partner is already in Canada, your minor child may study without a study permit at the preschool, primary, or secondary level. Once the child reaches the age of majority in their province, however, he or she must apply for a study permit to continue his or her studies in Canada. This application can be completed from inside Canada. Please consult the table below for further information.

When applying from outside Canada, you will need to apply for your child’s study permit at a Canadian overseas visa office.

Applying Together

if you are planning to bring your family to Canada while you study, and you’ll be arriving at the same time, you may consider filling out one application for the entire family. If you have a variety of different permit applications (your study permit and your spouse or common-law partner’s work permit, for example) you will need extra documentation and will need to include additional fees (such as the additional fee for the work permit).

Extensions

If you wish to extend or change your conditions while you are in Canada, you will need to complete a separate application. Make sure to check the date of expiry on your study permit and apply at least 30 days before that date if you would like to extend your stay.

Does a child need a study permit?

Children accompanying an adult who is in Canada on a work or study permit may study in Canada without a study permit at the pre-school, primary and secondary levels.

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.	No
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

Note: The child may have either a visitor record or a study permit when entering Canada. The child is authorized to study without a study permit if he or she has only the visitor record or a Canadian entry stamp on his or her passport.

Can I bring my parents while on a study permit?

While on a study permit, international students can invite their parent(s) to visit on a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA), which allows the parent (s)to travel to Canada. 

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Contact the Cohen Immigration Law Firm for Assistance

Do you need assistance studying in Canada? The Cohen Immigration Law Firm can help. Cohen Immigration Law offers over 45 years of Canadian immigration expertise.

Please contact us to schedule a free telephone consultation with one of our lawyers.