Can a work permit holder's spouse with a valid visitor visa enter Canada?

[pengsongtoufa]

Hi all,

I'm a Canadian work permit holder, and I would like to let my wife travel from the U.S. with me to Canada. Because her application for an open work permit is on fly, and such a timeline can not be guaranteed, we are exploring an alternative plan.

Since she does have a valid visitor visa, and per https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/immediate-family.html#temporary she will be eligible for entering Canada. Also, because she will be traveling from the U.S., a IRCC written authorization letter is not required.

To make sure my understanding is correct, I would like to kindly ask if anyone in the forum had tried this approach before? Any help will be appreciated!

 

[RidhimaH]

Hi,
I am in the same boat, my husband is in the US on a Canada tourist visa, and I am Canada work permit holder. We tried back in August, but the airlines did not let him take the flight (from the US), stating that his spouse (me) is not a PR or Citizen of Canada.
We tried again around Dec, and called airlines beforehand, again the response was same.

Best would be to call the airlines and see their POV. Let me know if you hear anything different. Hope this helps

 

[pengsongtoufa]

Hi,
I am in the same boat, my husband is in the US on a Canada tourist visa, and I am Canada work permit holder. We tried back in August, but the airlines did not let him take the flight (from the US), stating that his spouse (me) is not a PR or Citizen of Canada.
We tried again around Dec, and called airlines beforehand, again the response was same.

Best would be to call the airlines and see their POV. Let me know if you hear anything different. Hope this helps

Hi Ridhima,

Thanks for your information, that is very helpful. One subtle difference here is that we are going to cross the border on land - not sure how will the border officer handle this case.

One follow up question for you is, did your husband show them the policy stated on https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/immediate-family.html#temporary ? Because it explicitly claims that a wok permit's holder's spouse can enter Canada with a visitor visa.. Or maybe this is a new policy?

Thank you and looking forward to hearing back from you.

 

[RidhimaH]

Hi Ridhima,

Thanks for your information, that is very helpful. One subtle difference here is that we are going to cross the border on land - not sure how will the border officer handle this case.

One follow up question for you is, did your husband show them the policy stated on https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/immediate-family.html#temporary ? Because it explicitly claims that a wok permit's holder's spouse can enter Canada with a visitor visa.. Or maybe this is a new policy?

Thank you and looking forward to hearing back from you.

Hi,

Thank you for your reply. I am not sure how and if land crossing differs. I think your experience will be helpful in this

Thanks for sharing the link, I keep going back to it again and again. What I have noticed is that reunification for temp residents is allowed if the reason is essential, and visiting is not considered an essential reason. To combat this, I even added my spouse on my lease (showing that he will be living with me and not just visiting), to which the airlines replied that lease is not considered a government document.

This has been my experience se far. I really hope it works out for you. Also, you can join this group on Facebook- Faces of Advocacy. Its for family reunification for people separated by borders.

Thanks,
Ridhima

 

[pengsongtoufa]

Hi,

Thank you for your reply. I am not sure how and if land crossing differs. I think your experience will be helpful in this

Thanks for sharing the link, I keep going back to it again and again. What I have noticed is that reunification for temp residents is allowed if the reason is essential, and visiting is not considered an essential reason. To combat this, I even added my spouse on my lease (showing that he will be living with me and not just visiting), to which the airlines replied that lease is not considered a government document.

This has been my experience se far. I really hope it works out for you. Also, you can join this group on Facebook- Faces of Advocacy. Its for family reunification for people separated by borders.

Thanks,
Ridhima

Hi Ridhima,

Thanks for your reply. May I know which airline did you husband try? I called Air Canada and they said for spouses of of non-citizens or PRs, they were not permitted to get on board unless they request an exemption. Ironically, such an exemption is not required if one is traveling from the U.S.

Then I called American Airline, and they told me they had no problem of flying passengers (the only requirement is a negative COVID test), and it's more up to the officers at the border. So I guess such a restriction varies b/w airline or maybe airports?

Hope that helps.

 

[RidhimaH]

Hi,

We tried United Airlines from Chicago airport, and were denied. We called Air Canada, and they told us similar story to what you said. I called up Delta, and they agreed, but then my husband called and they refused. TBH- it hasn't been consistent with any party, so I kind of stopped trying.
I think all airlines are following the government's orders, as they refer to the website. Someone even suggested that I call up the embassy, but the line for immigrants was not accessible when I tried last (in Dec)

Thanks

 

[kvn1994]

Hi, I am in USA right now and currently on STEM OPT. My wife also studied in USA and she just got her H1b Approved. She got the student visa from Canada and I got the dependent visa with open work permit from Canada. Her study started on 11th January 2021. She is doing her study online from USA. Now, we are waiting for our visa to be stamped. After that we want to travel to Canada. Now, I want to know if my wife can travel from USA to Canada or not. Also, I have dependent work permit so can I travel with her as the US Canada border is close right now?

When I called to Canada border services agency customer care number, she told me that the student visa holder can come to Canada, but dependent work visa holder cannot come to Canada without non-discretionary reason. Now on Canada government website I saw below statement which shows if you want to unite with family you need to provide non-discretionary reason such as to live with your spouse, common-law partner, or family member. Which means I can travel to Canada.

Is my understanding, right?

If not, need your suggestion or advice.

(Copied from government of Canada website)

How to unite with an immediate family member who is in Canada temporarily

Who is an immediate family member

An immediate family member is defined as a

• spouse or common-law partner
• dependent child (yours, your spouse’s or your common-law partner’s)
• dependent child of a dependent child
• parent or step-parent (yours, your spouse’s or your common-law partner’s)
• guardian or tutor

If you’re travelling to Canada from the US

If you’re travelling from the US to reunite with an immediate family member who is in Canada temporarily, you must provide evidence that your travel is non-discretionary, such as to live with your spouse, common-law partner or family member.

You do not need written authorization from IRCC if travelling to Canada from the US.

 

[kvn1994]

Hi,

We tried United Airlines from Chicago airport, and were denied. We called Air Canada, and they told us similar story to what you said. I called up Delta, and they agreed, but then my husband called and they refused. TBH- it hasn't been consistent with any party, so I kind of stopped trying.
I think all airlines are following the government's orders, as they refer to the website. Someone even suggested that I call up the embassy, but the line for immigrants was not accessible when I tried last (in Dec)

Thanks

I saw on canada government website that you can ask letter from IRCC to allow your husband to enter canada and if they will give you letter you are good to go. I am also trying to do the same.