Family of International Student - visa requirements

[Koshka]

Hello everybody,

I was trying to get an answer to my questions on this website, but no luck so far. I don't know if there is anyone out there who has been through this, but if you can answer my question, that would be greatly appreciated.

I am planning to apply for Study Permit and Visa soon, and to go to Canada with my common-law spouse. The application does not specify whether every member of the family has to show proof of lawful status in US. I can provide one for myself, but it is my spouse that I am worried about. Does he have to show proof of status in US? He is from a "visa required" country, and will need TRV. So my question is - does the principal applicant only show proof of status in US or every one in the family has to do that?

Thanks in advance

 

[PMM]

Hi

Hello everybody,

I was trying to get an answer to my questions on this website, but no luck so far. I don't know if there is anyone out there who has been through this, but if you can answer my question, that would be greatly appreciated.

I am planning to apply for Study Permit and Visa soon, and to go to Canada with my common-law spouse. The application does not specify whether every member of the family has to show proof of lawful status in US. I can provide one for myself, but it is my spouse that I am worried about. Does he have to show proof of status in US? He is from a "visa required" country, and will need TRV. So my question is - does the principal applicant only show proof of status in US or every one in the family has to do that?

Thanks in advance

He has to show proof of legal temporary status in the US before a TRV would be issued. If he doesn't have it, then a visa won't be issued. http://www.canadainternational.gc.ca/buffalo/imm/visa_temp.aspx?lang=eng#REQUIREMENTSUS

 

[Tropical]

According to the Overseas Procedures Manual - only the principal applicant must show lawful status in the U.S.

Note: Family members included in an application for permanent residence or an application for a temporary purpose, do not need to have been lawfully admitted to the country in which the application is submitted. Such a requirement would make it impossible for some families to submit visa
applications anywhere

.

Source: Canadian Immigration Overseas Processing (OP) Operation Manual
OP-1 Procedures , page 13
5.16 - Where an application must be submitted
5.17 - what is meant by 'lawfully admitted' - Note in Section 3