Can I travel to Canada on my W1 visa if to join my spouse?

[sagarvijaypatil]

Me and my spouse both have W1(Intra Company Transfer) visa approved and stamped on our passport. Now My Spouse employer is calling her to join the organization she offered in this month. Now as we both have W1 visas, is it possible for me to join her as dependent on W1? Can we travel together to Canada? On Port of entry I will tell officer that I have W1 visa but I dont want to work but want to stay with my spouse and kid.

 

[scylla]

Me and my spouse both have W1(Intra Company Transfer) visa approved and stamped on our passport. Now My Spouse employer is calling her to join the organization she offered in this month. Now as we both have W1 visas, is it possible for me to join her as dependent on W1? Can we travel together to Canada? On Port of entry I will tell officer that I have W1 visa but I dont want to work but want to stay with my spouse and kid.

Who was issued the ICT first? You or your spouse?

 

[sagarvijaypatil]

Who was issued the ICT first? You or your spouse?

I issued ICT first and she received Open work permit. But later her organization applied ICT for her.
So now we both have W1 stamped on passport but I dont have any offer to work. I just want to join her as dependent.
We have doubt that if we travelled together, shall officer at port of entry will allow me to enter in Canada as her dependent.

 

[scylla]

I issued ICT first and she received Open work permit. But later her organization applied ICT for her.
So now we both have W1 stamped on passport but I dont have any offer to work. I just want to join her as dependent.

Since you were issued the ICT first, then to the best of my knowledge, it is not possible for you to obtain an open work permit as your wife's dependent due to the foreign principal national rule. The most you would be able to do is enter as a tourist for a few months. You may want to get a consult with an immigration lawyer to confirm.

 

[sagarvijaypatil]

Since you were issued the ICT first, then to the best of my knowledge, it is not possible for you to obtain an open work permit as your wife's dependent due to the foreign principal national rule. The most you would be able to do is enter as a tourist for a few months. You may want to get a consult with an immigration lawyer to confirm.

Appreciate your response! I have one more question. Is it possible to apply for Visitor visa even if I have W1 visa stamped on my passport? Because what I came to know reading lot of threads are W1 is only visitor visa which allows me to enter temporary in Canada.

 

[sagarvijaypatil]

Foreign principal national rule - I think it is specifying that I cant not get Open work permit based on my spouse open work permit but in our case my spouse hold a valid ICT closed work permit. It also state I cannot quite my job to get Open work permit however we both even not received work permit document as we didn't traveled to Canada before.

 

[sagarvijaypatil]

Foreign principal national rule - I think it is specifying that I cant not get Open work permit based on my spouse open work permit but in our case my spouse hold a valid ICT closed work permit. It also state I cannot quite my job to get Open work permit however we both even not received work permit document as we didn't traveled to Canada before.

My case is like both have approved closed work permit and stamped W1 visa but only my spouse is going to work and I want entry in Canada to join her.

 

[Naturgrl]

My case is like both have approved closed work permit and stamped W1 visa but only my spouse is going to work and I want entry in Canada to join her.

You may be not even be able to board a flight to Canada or enter Canada. For a W1, CBSA may want to see proof of employment to enter Canada. They want to know that you are coming and working in Canada, not coming to just visit. You are the foreign principal applicant so may not be eligible to get a SOWP based on your spouse’s ICT permit.

 

[sagarvijaypatil]

Thanks Naturgrl for clarifications! Then do I need to cancel/withdraw my ICT Work permit and reapply for Open work permit?
Or is it possible to apply for Visitor visa while I am holding W1 visa?

 

[Naturgrl]

Thanks Naturgrl for clarifications! Then do I need to cancel/withdraw my ICT Work permit and reapply for Open work permit?
Or is it possible to apply for Visitor visa while I am holding W1 visa?

Did you get an ICT work permit first? If so, you may not be eligible for SOWP depending on the IRCC rules. You can submit an application and see if approved.

 

[sagarvijaypatil]

Did you get an ICT work permit first? If so, you may not be eligible for SOWP depending on the IRCC rules. You can submit an application and see if approved.

My case is exactly like below-
1. I got offer from Canada company --> Firstly I received ICT W1, my spouse received SOWP(W1) - only stamped on passport but not received any work permit document as we never flied to Canada, we still are in our home country.
2. My offered organization not have project and not ready to send me and even I don't want to work now.
3. But now my spouse also received offer from Canada and they are filing her separately ICT work permit(she currently holds open work permit).
4. So now me and my kid want to travel with her to Canada as dependent or visitor whatever. We just need entry to Canada as we are family.
So looking what is the way to get this done.
If you or anyone have idea on what can be done to get this done, it will help me a lot.