Guidelines for Accompanying a Spouse with a Student Visa to Canada

Wondering whether you can travel on a tourist visa to Canada while your spouse is studying on a student visa? Or, do you need to wait for your spouse to arrive and then apply for a spousal visa? This article provides a detailed guide to help you understand the options and procedures.

Overview of Visa Requirements

When a spouse travels to Canada on a student visa, the partner can also enter the country on a visitor visa (tourist visa). However, if you plan to apply for a spousal visa (also known as an open work permit for spouses), you will need to be physically present in Canada to submit the application.

Visitor Visa

On a visitor visa, you are allowed to travel to Canada for short-term stays, such as tourism, business, or medical treatment. However, this visa does not permit you to work in Canada.

Applying for Spousal Visa

After you arrive on a visitor visa, you can apply for a spousal visa within Canada. It's important to ensure that your visitor visa status remains valid throughout the application process. Processing times for spousal visas can take several months, so maintaining your visitor status is crucial.

Waiting for Your Spouse

You don't have to wait for your spouse to arrive in Canada before applying for a spousal visa; however, it may be advantageous to coordinate your plans. By having your spouse in Canada, you can facilitate the application process, which may speed up the approval.

Application Process and Procedures

To assist you in appropriately navigating the application process, it is recommended to check the specific requirements and procedures on the official Government of Canada immigration website. Alternatively, consulting with an immigration consultant or lawyer can provide personalized advice tailored to your unique situation.

Difficulty in Converting Tourist Visa to Work Permit

It is generally difficult to convert a tourist visa into a work permit directly. However, upon your spouse's arrival in Canada, there is a higher chance of obtaining an open work permit. This permit allows your spouse to work in any occupation for unlimited periods, provided they are employed full-time.

Supporting Your Spouse's Settlement

Initially, you can travel with your spouse to help them settle in and then return to apply for a spousal visa after they have completed a semester or a significant part of their studies.

Applying for Tourist Visa

If your spouse is traveling to Canada on a student visa, you can apply for a tourist visa to accompany them. The type of visa you apply for depends on your profile:

Tourist Visa based on Tourism: This allows you to travel with your spouse by securing a tourist visa before your partner's departure. Your financial status, including bank statements, employment, and ties to your home country, will be reviewed during the application process. Tourist Visa based on Spousal: You can apply for a visitor visa to accompany your spouse after they arrive in Canada. It's advisable to wait until your spouse completes one semester at their college or university before applying. Once in Canada, you can convert your tourist visa into an open work permit.

Conclusion

Accompanying a spouse with a student visa to Canada is a nuanced process that involves careful planning and understanding of visa requirements. By following the guidelines provided here, you can make an informed decision about the best course of action for your situation. Remember, maintaining clear communication and preparing comprehensive documentation will significantly improve your chances of success.