Can a person with a valid visitor (v-1) visa accompany a worker?

[thecentury303]

Hello everyone,

I will be working in Canada soon. I will be applying for the w-1 visa and a work permit based on my LMIA document.

However, I have a question regarding my wife. She already has a visitor (v-1) visa. If she does not want an open work permit, does she need to apply for any other visa to accompany me to Canada?

In other words, can she stay for more than 6 months when entering Canada with her v-1 visa, accompanying me who has a work permit?

Thank you very much!

 

[Jalex23]

Hello everyone,

I will be working in Canada soon. I will be applying for the w-1 visa and a work permit based on my LMIA document.

However, I have a question regarding my wife. She already has a visitor (v-1) visa. If she does not want an open work permit, does she need to apply for any other visa to accompany me to Canada?

In other words, can she stay for more than 6 months when entering Canada with her v-1 visa, accompanying me who has a work permit?

Thank you very much!

No.

She can use her TRV to enter the country but can very well be given a short visit as her intention is clearly not to visit but to live un Canada.

Regardless, she will have to file for visitor extensions if her visitor status expires and she still wants to stay in Canada. That extension has poor chances as she is living in Canada instead of only visiting.

 

[thecentury303]

No.

She can use her TRV to enter the country but can very well be given a short visit as her intention is clearly not to visit but to live un Canada.

Regardless, she will have to file for visitor extensions if her visitor status expires and she still wants to stay in Canada. That extension has poor chances as she is living in Canada instead of only visiting.

Thank you for your reply.

However, when I apply for a work permit, if I choose to apply for my wife's visa so that she can accompany me too, it appears that the visa is also a temporary visiting visa.

What is the different between that temporary visiting visa and the v-1 she already has?

 

[Jalex23]

Thank you for your reply.

However, when I apply for a work permit, if I choose to apply for my wife's visa so that she can accompany me too, it appears that the visa is also a temporary visiting visa.

What is the different between that temporary visiting visa and the v-1 she already has?

It is a Temporary Resident Visa... and there is none, V-1 is a subcategory, so is W-1.

 

[thecentury303]

It is a Temporary Resident Visa... and there is none, V-1 is a subcategory, so is W-1.

So you are saying that the visa my wife should apply for is w-1?

 

[Jalex23]

So you are saying that the visa my wife should apply for is w-1?

I never said that. In fact I never said your wife had to apply (or not) for anything at all.

 

[thecentury303]

I never said that. In fact I never said your wife had to apply (or not) for anything at all.

I am confused now.

Because she already has the v-1 visa. If v-1 and w-1 is exactly the same, why would she need to apply for a visitor visa?

 

[Jalex23]

I am confused now.

Because she already has the v-1 visa. If v-1 and w-1 is exactly the same, why would she need to apply for a visitor visa?

Why would you think she needs to apply for a TRV?

 

[thecentury303]

Why would you think she needs to apply for a TRV?

Because your first answer is if she accompanies me based on her v-1 visa, she may get only 6-month validity?

No.

She can use her TRV to enter the country but can very well be given a short visit as her intention is clearly not to visit but to live un Canada.

Regardless, she will have to file for visitor extensions if her visitor status expires and she still wants to stay in Canada. That extension has poor chances as she is living in Canada instead of only visiting.

 

[Jalex23]

Because your first answer is no, she cannot accompany me based on her v-1 visa.

True. That doesn't imply she has to apply for a TRV.

She has to apply for a spousal open work permit.

Please post your following questions on how to do this in the correct subforum:
http://www.canadavisa.com/canada-immigration-discussion-board/foreign-workers-b10.0/

 

[thecentury303]

True. That doesn't imply she has to apply for a TRV.

She has to apply for a spousal open work permit.

Please post your following questions on how to do this in the correct subforum:

But if she does not want to work there, why would she need to apply for an open work permit? I know she is eligible to do so but I would be surprise if she "needs" to in order to stay with me (i.e., stay longer than 6 months).

Based on my understanding, I believe she can accompany me with a TRV. At the border, she would get a visitor record that allows her to stay in Canada as long as my work permit is valid.

However, that situation corresponds to the case where she applies for a TRV together with my work permit (I don't know what subcategory that TRV is). My question is whether she will be treated the same if she enters Canada with me by using her existing V-1 visa.

 

[Jalex23]

But if she does not want to work there, why would she need to apply for an open work permit?

It doesn't matter if she wants to work or not... she will be living in Canada, so she has to get a SIN and be eligible for Medical Care while you are in Canada. For this you need a work permit as she is not a visitor and there is no "I want to live but not work" immigrant class.

Based on my understanding, I believe she can accompany me with a TRV. At the border, she would get a visitor record that allows her to stay in Canada as long as my work permit is valid.

Who told you that?

As mentioned earlier she can come in with her TRV and it will be up to the CBSA officer to decide the amount of time. You can request as much time as you want. IMO it is unlikely you will get more than 6 months, but you might get a year or two. The most likely scenario is she will be given 6 months and after that you will need to file for extensions.

However, that situation corresponds to the case where she applies for a TRV together with my work permit (I don't know what subcategory that TRV is). My question is whether she will be treated the same if she enters Canada with me by using her existing V-1 visa.

She cannot have two valid TRVs so any further TRV application would be denied.

Treated the same as what?

 

[thecentury303]

Who told you that?
As mentioned earlier she can come in with her TRV and it will be up to the CBSA officer to decide the amount of time. You can request as much time as you want. IMO it is unlikely you will get more than 6 months, but you might get a year or two. The most likely scenario is she will be given 6 months and after that you will need to file for extensions.

I found several references that a spouse (on TRV) who accompanies a work permit holder would get a visitor record at POE so that he/she can stay longer than 6 months.

For example,
http://canadavisa.com/canada-immigration-discussion-board/open-work-permit-for-spouse-visitor-visa-dependant-t181555.0.html
http://canadavisa.com/canada-immigration-discussion-board/wife-got-visa-but-no-work-permit-please-help-t102794.0.html

In addition, my employer states this:

It is essential that you request the immigration officer issuing your temporary work permit to include the names of all accompanying family members (spouse/common-law partner, dependent children) on your temporary work permit. If this is not done, their status in Canada will not entitle them to medicare coverage. Please ensure that you provide the officer with your marriage certificate and the birth certificates of your children, if applicable.

Therefore, I doubt that she would need her own open work permit to 1) stay with me for more than 6 months 2) eligible for medicare.

 

[thecentury303]

You're not really listening to any advice... Your wife's TRV will grant her at most 6 months, but it could be way less depending on the officer. No more than 6 months though.

It's not that I am not really listening, I do.

However, I found several references that a spouse on TRV can get a visitor record at POE, allowing him/her to stay longer than 6 months.

Here are some examples:
http://canadavisa.com/canada-immigration-discussion-board/open-work-permit-for-spouse-visitor-visa-dependant-t181555.0.html
http://canadavisa.com/canada-immigration-discussion-board/wife-got-visa-but-no-work-permit-please-help-t102794.0.html

If it works as you said, how could you explain their situations? There are too many to assume that they are just exceptions.

 

[simplyaddo]

It's not that I am not really listening, I do.

However, I found several references that a spouse on TRV can get a visitor record at POE, allowing him/her to stay longer than 6 months.

Here are some examples:
http://canadavisa.com/canada-immigration-discussion-board/open-work-permit-for-spouse-visitor-visa-dependant-t181555.0.html
http://canadavisa.com/canada-immigration-discussion-board/wife-got-visa-but-no-work-permit-please-help-t102794.0.html

If it works as you said, how could you explain their situations? There are too many to assume that they are just exceptions.

I read the case of the second link, the OP mentioned he applied for a 'dependent visa'.. not sure what that is, but doesn't seem like a TRV. In any case, he didn't mention that his wife got a longer than 6 months validity at the POE.

In the same link, user msnnpr stated that his spouse got a TRV with a 6 month validity.

I don't see anyone on that query stating the claim you are making.