Can a open work permit holder with no job offer travel in Canada with the husband on a student visa together?

[hello@all]

Me and my wife applied together for the study permit and open work permit respectively and was approved in January 2021. Now that we are planning to come to Canada together in May and want to book the tickets. She has an open work permit and a letter of introduction from the IRCC, and she intends to find a job on arrival to Canada. I wanted to ask if my wife will be allowed to travel together with me considering new regulations. Have anybody in such a situation traveled before in this pandemic time?

 

[GandiBaat]

Me and my wife applied together for the study permit and open work permit respectively and was approved in January 2021. Now that we are planning to come to Canada together in May and want to book the tickets. She has an open work permit and a letter of introduction from the IRCC, and she intends to find a job on arrival to Canada. I wanted to ask if my wife will be allowed to travel together with me considering new regulations. Have anybody in such a situation traveled before in this pandemic time?

Well, I doubt either of you have actual permits at this stage. What you might have is called a TRV (Temporary Resident Visa) on your passports and a letter of introduction. When you will travel to Canada, if assuming nothing goes wrong, you will get study and work permit at your (air)port of entry. AFAIK.

 

[hello@all]

Well, I doubt either of you have actual permits at this stage. What you might have is called a TRV (Temporary Resident Visa) on your passports and a letter of introduction. When you will travel to Canada, if assuming nothing goes wrong, you will get study and work permit at your (air)port of entry. AFAIK.

Hi thanks..For me, it should not be an issue. But do you have any idea if my wife with open work permit and a letter of introduction from IRCC can travel together with me at this time?

 

[GandiBaat]

Hi thanks..For me, it should not be an issue. But do you have any idea if my wife with open work permit and a letter of introduction from IRCC can travel together with me at this time?

Few things first. Are you travelling from a country that needs TRV to enter Canada? If yes then you need a TRV on your passport. Do you have something like this on your passport?

https://international.viu.ca/sites/default/files/styles/max_size_cropped/public/canada-visa.jpg

These are called "Temporary Resident Visa". These are NOT study permit nor work permit. Those look like this :

https://immigroups.com/images/news/study-permit-small.png

IF you have TRVs and letter of introduction from IRCC, you should be able to get the actual permits at airport when you land in Canada.

Three and a half years back, I came to Canada on a Work permit with my wife on spouse open work permit. I had TRVs on my and my wife's Passport. I had letter of introduction and a "Port of Entry" package prepared by my employer's immigration lawyer for both of us. It had ALL my forms etc for my application of work permit (submitted earlier) AND all the copies of supporting documents. You may need something similar.

 

[hello@all]

Few things first. Are you travelling from a country that needs TRV to enter Canada? If yes then you need a TRV on your passport. Do you have something like this on your passport?

https://international.viu.ca/sites/default/files/styles/max_size_cropped/public/canada-visa.jpg

These are called "Temporary Resident Visa". These are NOT study permit nor work permit. Those look like this :

https://immigroups.com/images/news/study-permit-small.png

IF you have TRVs and letter of introduction from IRCC, you should be able to get the actual permits at airport when you land in Canada.

Three and a half years back, I came to Canada on a Work permit with my wife on spouse open work permit. I had TRVs on my and my wife's Passport. I had letter of introduction and a "Port of Entry" package prepared by my employer's immigration lawyer for both of us. It had ALL my forms etc for my application of work permit (submitted earlier) AND all the copies of supporting documents. You may need something similar.

Thank you for your clarification....Yes I have those for both of us..... but my question here is again considering the new covid guidelines, my wife with only TRV and no job offer in hand (seems like it is not "non-discretionary travel" at this time, is she allowed to enter Canada. Do you know any couples who entered together in this covid time with the same case like mine?

https://www.canada.ca/en/immigratio...avirus-covid19/foreign-workers.html#essential

 

[sahilarora2003]

Me and my wife applied together for the study permit and open work permit respectively and was approved in January 2021. Now that we are planning to come to Canada together in May and want to book the tickets. She has an open work permit and a letter of introduction from the IRCC, and she intends to find a job on arrival to Canada. I wanted to ask if my wife will be allowed to travel together with me considering new regulations. Have anybody in such a situation traveled before in this pandemic time?

The answer is NO! She is not allowed to travel during the COVID restrictions are in place! It will be considered as a Non-essential travel without job offer.

I hope it helps!

 

[GandiBaat]

Thank you for your clarification....Yes I have those for both of us..... but my question here is again considering the new covid guidelines, my wife with only TRV and no job offer in hand (seems like it is not "non-discretionary travel" at this time, is she allowed to enter Canada. Do you know any couples who entered together in this covid time with the same case like mine?

https://www.canada.ca/en/immigratio...avirus-covid19/foreign-workers.html#essential

In terms of covid, does this not cover your situation?
https://www.canada.ca/en/immigratio.../coronavirus-covid19/students.html#exemptions

==I quote==

If an immediate family member travels with you to Canada
An immediate family member may be able to come with you to Canada if

• you need help settling, or
• you’re an adult student whose family would like to join you either now or later

They don’t need a written authorization from IRCC to travel with you.

If you’re an adult student with a family member who wants to come with you to Canada, you must submit your applications together when you apply online.

To be able to enter Canada, your family member needs to have one of the following:

• a study or work permit
• a letter of introduction showing they’ve been approved for a study or work permit
• a visitor visa or electronic travel authorization (eTA)

They must also meet all other requirements to enter Canada as a student, worker or visitor.
==--End of Quote--=

 

[GandiBaat]

The answer is NO! She is not allowed to travel during the COVID restrictions are in place! It will be considered as a Non-essential travel without job offer.

I hope it helps!

Please read this :
https://www.canada.ca/en/immigratio.../coronavirus-covid19/students.html#exemptions

 

[hello@all]

In terms of covid, does this not cover your situation?
https://www.canada.ca/en/immigratio.../coronavirus-covid19/students.html#exemptions

==I quote==

If an immediate family member travels with you to Canada
An immediate family member may be able to come with you to Canada if

• you need help settling, or
• you’re an adult student whose family would like to join you either now or later

They don’t need a written authorization from IRCC to travel with you.

If you’re an adult student with a family member who wants to come with you to Canada, you must submit your applications together when you apply online.

To be able to enter Canada, your family member needs to have one of the following:

• a study or work permit
• a letter of introduction showing they’ve been approved for a study or work permit
• a visitor visa or electronic travel authorization (eTA)

They must also meet all other requirements to enter Canada as a student, worker or visitor.
==--End of Quote--=

Thanks a lot for your clarification..so what is your conclusion in my case? Can we both travel together or wait?

 

[hello@all]

The answer is NO! She is not allowed to travel during the COVID restrictions are in place! It will be considered as a Non-essential travel without job offer.

I hope it helps!

Thanks ...but why are they issuing TRV for people not allowed to travel? I got mine in February and we applied together

 

[GandiBaat]

Thanks a lot for your clarification..so what is your conclusion in my case? Can we both travel together or wait?

It looks very likely. My ONLY remaining concern is this : "They must also meet all other requirements to enter Canada as a student, worker or visitor."

That said, if I were you, I would also do a little bit more due diligence. Ask your university's immigration consultant (most have one). And if required, a lawyer. There are many competent lawyers who offer their service at a very reasonable rate. Your question is not complex. Its a standard query. Also, you might want to ask this doubt to IRCC twitter as well. That said, IRCC Twitter is not legally liable to tell you the truth. Best recourse is to ask a lawyer. IF they did not know (unlikely) they can send an official request to IRCC to clarify their stance / interpretation on the ruling/public policy. It has happened in the past.

 

[sahilarora2003]

Please read this :
https://www.canada.ca/en/immigratio.../coronavirus-covid19/students.html#exemptions

Thank you for your reply!

In my view, she is holding an open work permit which doesn't fall under essential reason to travel as for now.

They must also meet all other requirements to enter Canada as a student, worker or visitor.

Please check it out. Without a job offer letter, she will not be allowed in my view. However, you can try on your own expense. If you really wanna take a risk, there is no harm in giving it a try.

Thanks ...but why are they issuing TRV for people not allowed to travel? I got mine in February and we applied together

TRV is an essential document to travel irrespective of temporary visa like work, study etc. The work/study visa in itself is not a travel document. You need a TRV to travel to Canada. They are processing applications but only people with essential reasons can travel for now.

I hope it helps.

Correct me if i am wrong as i want to update my knowledge too. Sharing is the key!

 

[GandiBaat]

Thanks ...but why are they issuing TRV for people not allowed to travel? I got mine in February and we applied together

TRVs are necessary for those who are in Canada on student permit as well. IF you need to leave canada shortly, without TRV it will not be possible for you to travel back in. So they cann't shutdown TRV processing.

 

[GandiBaat]

Please check it out. Without a job offer letter, she will not be allowed in my view. However, you can try on your own expense. If you really wanna take a risk, there is no harm in giving it a try.

No one needs to take any risk. They can consult an immigration consultant or a lawyer. This will be a routine question for them. This public policy is new and has been undergoing change every now and then.

 

[GandiBaat]

BTW, here is a thread in which people were posting the same query. I havent gone through it but it may be useful for OP:
https://www.canadavisa.com/canada-i...nt-during-covid-19-restrictions.706915/page-6

@canuck78 As much as I see, the OP and his wife (both having approved SP and OWP respectively) should be able to travel together without a job offer. If they travel separate, then wife will need a job offer. Ofcourse this is assuming OP's DLI has COVID plan.

BTW OP (@hello@all), don't take chances, consult a professional. Start with your university immigration consultant (if they have one, many do). If they cann't tell you with confidence or if you have still doubt then seek advice from a good canadian immigration lawyer. Also, if you are consulting a professional/lawyer, ask them this as well: What IF even after all this, coming to Canada my wife was turned back at port of entry, even if we were applying public policy as you suggested. Can any help be rendered at that time?

I am telling this because my employer's lawyer gave me contact information of his law firm and his direct number (PwC Law) in case I run into issues at Port of Entry.