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"essential" reason for spouse to visit temporary resident

rosie168

Newbie
Oct 17, 2020
4
0
Hi, I'm not sure whether to post this on temporary residents vs. visitor forum :) I have been in Canada on a (closed) work permit that still has one year left on it. My spouse does not live in Canada and we have not seen each other during COVID because of the border policies. Looking into the exemption for immediate family to visit temporary workers, we see we need to have an "essential reason" for travel. To us the essential reason is that we would live together for two months (he has been approved by his company to work remotely for that time) so that I am doing better with mental health and can do better the job I was hired to do in Canada, and, well, married people should be able to visit each other. This is definitely not recreation/tourism/entertainment ("discretionary" reasons), but is it going to be enough reason for him to be able to enter Canada? What can we put as a better reason? Has anyone done this successfully that can share experience?

Note: he is American and would be entering from USA. so he does not need a visa, and it looks like we would not need to do the email authorization step. but in this case to show the "essential reason" do we need to write something down for the border agent when he crosses, or is it just a conversation?
 

Copingwithlife

VIP Member
Jul 29, 2018
4,501
2,265
Earth
Hi, I'm not sure whether to post this on temporary residents vs. visitor forum :) I have been in Canada on a (closed) work permit that still has one year left on it. My spouse does not live in Canada and we have not seen each other during COVID because of the border policies. Looking into the exemption for immediate family to visit temporary workers, we see we need to have an "essential reason" for travel. To us the essential reason is that we would live together for two months (he has been approved by his company to work remotely for that time) so that I am doing better with mental health and can do better the job I was hired to do in Canada, and, well, married people should be able to visit each other. This is definitely not recreation/tourism/entertainment ("discretionary" reasons), but is it going to be enough reason for him to be able to enter Canada? What can we put as a better reason? Has anyone done this successfully that can share experience?

Note: he is American and would be entering from USA. so he does not need a visa, and it looks like we would not need to do the email authorization step. but in this case to show the "essential reason" do we need to write something down for the border agent when he crosses, or is it just a conversation?
He may be approved to work remotely from Canada by his company , but more importantly, the question is “ Per immigration for Canada is he allowed? “
 

rosie168

Newbie
Oct 17, 2020
4
0
Wow, I admit I had not thought of that. But I think that yes, he would be allowed. He would be working for a non-Canadian company, doing something that does not relate to Canada, getting paid in non-Canadian money. He would not be in a competitive market and not taking a job that a Canadian could reasonably have. I suppose we could have him take vacation time for the duration of his (temporary) visit but from a quick look at the definition of "work" it does not seem like this should be an issue?
 

Copingwithlife

VIP Member
Jul 29, 2018
4,501
2,265
Earth
Wow, I admit I had not thought of that. But I think that yes, he would be allowed. He would be working for a non-Canadian company, doing something that does not relate to Canada, getting paid in non-Canadian money. He would not be in a competitive market and not taking a job that a Canadian could reasonably have. I suppose we could have him take vacation time for the duration of his (temporary) visit but from a quick look at the definition of "work" it does not seem like this should be an issue?
So the company he’ll be working for has no Canadian presence what so ever ? No offices , no employees , no clients ?
 

jessiechaoren

Newbie
Oct 20, 2020
7
1
Hi Rosie,

I have the same question as I am pretty much in the same boat here. I have read through the IRCC website and looks like "live with your spouse" is an essential reason, but how to prove this would be a bigger question. Please update if you guys are able to successfully enter Canada! Thank you!!
 

rosie168

Newbie
Oct 17, 2020
4
0
Hi Jessie,

I can report that we made it across the border yesterday! We honestly were not asked very many questions. We made it clear that my husband has a job in his home country (but would be taking vacation time about half the time he is here) and is not working in Canada, and that we would be staying in my apartment together. Other than that, all the questions were about COVID and quarantining. So I'm not sure what to tell you but best of luck, it went a lot smoother than I had expected!
 

jessiechaoren

Newbie
Oct 20, 2020
7
1
Hi Jessie,

I can report that we made it across the border yesterday! We honestly were not asked very many questions. We made it clear that my husband has a job in his home country (but would be taking vacation time about half the time he is here) and is not working in Canada, and that we would be staying in my apartment together. Other than that, all the questions were about COVID and quarantining. So I'm not sure what to tell you but best of luck, it went a lot smoother than I had expected!

Hi Rosie,

Thanks so much for the update!!! Really appreciate it! My husband and I am planning to leave US for Canada for work and your post gave us more confidence We knew that we probably are not going to have issues passing the border but still... ) So thank you so much! Wish you and your husband have a nice time in Canada!
 

Dalia elsayed

Full Member
Oct 19, 2020
43
0
Hi Jessie,

I can report that we made it across the border yesterday! We honestly were not asked very many questions. We made it clear that my husband has a job in his home country (but would be taking vacation time about half the time he is here) and is not working in Canada, and that we would be staying in my apartment together. Other than that, all the questions were about COVID and quarantining. So I'm not sure what to tell you but best of luck, it went a lot smoother than I had expected!

I needto make sure
Nobody asked about the exemption letter?
No documents were needed to be shown?