Legal Staying Options for Family Members of International Students in Canada

Canada is a popular destination for international students from around the world, known for its high-quality education, diverse culture, and scenic landscapes. Accompanied by family members, these students often seek legal ways to stay longer and be closely involved in their educational journey and daily life.

Visa and Staying Permits For Spouses of International Students

For many families considering a move to Canada, the most viable option is for the spouse of an international student to stay with the student while the student pursues their studies. In this situation, the spouse can apply for an open work permit.

An open work permit allows the spouse to work in any job or industry without additional visa requirements. Before applying for an open work permit, there are several steps to ensure a successful application and avoid common pitfalls. Here are the details for your potential spouse:

Eligibility and Application Process for an Open Work Permit

Verification of Status: The international student must have a valid study permit and be enrolled in a full-time academic program. Feasible Support Letter: A written support letter from the international student must be provided, confirming the relationship and their intention to return to their studies after the employment experience. Job Offer: The spouse must have a legitimate job offer from a Canadian employer. It is crucial to ensure that the job is suitable for the education and qualifications of the spouse. Online Application: The spouse needs to apply online through the Electronic Travel Authorization (eTA) system, paying the required fee and providing all necessary documentation. Vetting Procedure: The application goes through a vetting procedure, which can take several weeks. Background checks and immigration history are also part of this process. Medical Insurance: Depending on the job offer, the spouse might need to provide proof of health insurance.

Once approved, the open work permit will allow the spouse to work freely in Canada, enabling them to contribute to their family’s well-being while the student continues their education.

Legal Options for Other Family Members

Other family members, such as parents, children, or siblings, might wish to stay in Canada with the international student. However, the legal avenues for these family members are more restrictive and involve specific conditions:

Tourist Visas and Visitor Permits

For parents, children, or siblings, a common approach is to apply for a tourist visa or visitor permit. This allows them to spend up to six months in the country on a single visit, after which they should depart and return.

Requirements for a Visitor Permit

Travel History: Demonstrating that they have a stable life outside of Canada and can afford to return is crucial. A history of visiting other countries or having previous stays in Canada can be beneficial. Supporting Documents: Providing proof of ties to their home country, including a stable job, a home, and family connections, can strengthen the application. Financial Support: Documentation of financial stability, such as bank statements and employment contracts, will help convince the immigration officer that they can support themselves and their dependents. Accommodations and Activities: Providing details about where they will stay and what activities they plan to undertake during their visit can show that they have a clear itinerary and purpose for the trip. Return Tickets: Owning return tickets or tickets to travel onward to another destination is advisable to prove the intention to depart Canada.

After submitting their application, the process can take several weeks, during which time the applicant might need to attend an interview. If approved, they can enter Canada as a visitor for up to six months, and after that period, they must depart and can reapply, provided they meet all necessary requirements.

Overlap in Visa Types and Requirements

While open work permits and visitor permits seem different, there is sometimes an overlap in visa types and requirements. For instance, some family members might consider applying for a study permit if they plan to join their student in Canada with the intention of furthering their own education.

Alternatives for Multi-Year Visas for Family Members

If the family member intends to stay for a longer period than the six-month tourist visa allows, they can consider applying for a spousal or partner sponsorship. This involves a more extensive and time-consuming process, but it offers more permanent residency opportunities rather than repeat single visitations.

Spousal or Partner Sponsorship Process

The process for spousal or partner sponsorship is more rigorous and lengthy. Sponsorship can lead to permanent residency for the family member if the sponsor (the student) meets all eligibility criteria:

Sponsorship Eligibility: The international student must prove their ability to support the family member financially and emotionally for at least one year. Documentation: Completing a detailed application, including financial statements, proof of housing, and other life-stabilizing documents. Medical and Criminal Checks: Both the sponsor and the family member must undergo extensive checks for criminal and medical background. Interviews: Thorough interviews may be conducted to ensure honest and legitimate purposes for the application. Approval: Once the application is approved, the family member can be granted permanent residency in Canada, becoming a full-fledged member of the family community.

Conclusion and Important Notes

Staying legally in Canada with an international student is possible through various means, including open work permits and visitor visas. Each family member, whether a spouse, parent, or child, has a range of options that depend on their specific circumstances and preferences. Understanding the requirements and processes can significantly enhance the chances of a successful application and ensure a smooth stay in Canada.

By choosing the right visa type and thoroughly preparing the required documentation, international students and their family members can make the most of their time in Canada while abiding by immigration regulations. Legal compliance is essential not only for maintaining a positive relationship with immigration authorities but also for ensuring the well-being of the entire family.

For more detailed information or assistance, consulting with a legal expert or immigration consultant is recommended.