Help-Applying for my spouse and 2 children to come to canada for 1 year whilst i am on a work permit LMIA

[abctkt]

Hi. ive just moved to canada 2 days ago for work under LMIA for 1 year. I did not apply for my wife at the same time as was in a rush and she has cancer and is on treatment. i read that if she is staying in canada for <1 year but >6 months she has to have a medical exam. That is fine as hopefully she has curative early cancer but still on treatments- medications. My children 6 months and 2 year old have Brit citizenship so when i apply does not need a visa. can i confirm they just need an eta closer to the time and my wife needs to apply for Temp resident visa for <1 year. Can i apply under my account as they will have records of my work permit or does it have to be on her account. many thanks!

 

[Naturgrl]

Hi. ive just moved to canada 2 days ago for work under LMIA for 1 year. I did not apply for my wife at the same time as was in a rush and she has cancer and is on treatment. i read that if she is staying in canada for <1 year but >6 months she has to have a medical exam. That is fine as hopefully she has curative early cancer but still on treatments- medications. My children 6 months and 2 year old have Brit citizenship so when i apply does not need a visa. can i confirm they just need an eta closer to the time and my wife needs to apply for Temp resident visa for <1 year. Can i apply under my account as they will have records of my work permit or does it have to be on her account. many thanks!

I hope your wife is feeling better. Where do they live now? UK? If so, TRV processing is over 200 days. If you read through the Visitor section of this forum, people in the UK have been waiting over a year for TRV processing. She will need to show funds, ties to return and travel history. If you are working then IRCC will wonder why she is not applying for SOWP. IRCC will know she is not visiting. Also if approved, CBSA determines how long she can stay up to 6 months. She will need to extend her TRV in Canada, and she will be asked for a medical when applying for an extension. She can apply from your account or her own.

Children can get ETA.

 

[abctkt]

thanks. i dont think based on me being a temporary work permit- 1 year i can apply for her to have a open work permit- besides i dont think she will work as she is going to be looking after two kids., so it looks like i have to apply for her to have temp resident visa> 1 year with a medical.
unless you are suggesting if she applies via SOWP she can get faster processing time and she can come here and not work. funds shouldnt be an issue and she has a job incl options of potentially taking sick leave when her mat leaves runs out

 

[abctkt]

Who can’t sponsor their spouse, partner or child
You can’t sponsor your spouse, partner or child if:

• you’re not a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act
• you’re a temporary resident, that is you’re visiting, studying or working in Canada on a visa or permit

When i checked IRCC i dont think im eligible for SOWP

 

[Naturgrl]

Who can’t sponsor their spouse, partner or child
You can’t sponsor your spouse, partner or child if:

• you’re not a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act
• you’re a temporary resident, that is you’re visiting, studying or working in Canada on a visa or permit

When i checked IRCC i dont think im eligible for SOWP

Sponsorship is if you are PR or citizen so not sure where you got that link. Check IRCC processing because it is long from the UK for either TRV or SOWP. Around a year for either. She needs to apply now.

 

[abctkt]

Thanks for your prompt replies. I am keen to apply asap but I don’t wanna apply the wrong one

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html

This is where I got it from and from this it seems to be you need to have PR

I guess my trepidation is wasting a few months applying to find out that she can’t come

I’m hoping if I apply via my login on her behalf they can see I have a work permit so it may be faster- but when I read TRV it only grants u entry and they may limit to less than my work permit duration- this complicates things as we have young children

another thing is with the SOWP realistically she won’t be able to work as she has breast cancer and still suffering effects of treatment so mainly here to reunite family and look after children and that we can stay together as family

any advise re this is appreciated in regards to type of visa to apply for my wife.

 

[Naturgrl]

Thanks for your prompt replies. I am keen to apply asap but I don’t wanna apply the wrong one

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html

This is where I got it from and from this it seems to be you need to have PR

I guess my trepidation is wasting a few months applying to find out that she can’t come

I’m hoping if I apply via my login on her behalf they can see I have a work permit so it may be faster- but when I read TRV it only grants u entry and they may limit to less than my work permit duration- this complicates things as we have young children

another thing is with the SOWP realistically she won’t be able to work as she has breast cancer and still suffering effects of treatment so mainly here to reunite family and look after children and that we can stay together as family

any advise re this is appreciated in regards to type of visa to apply for my wife.

That link doesn’t apply to you. She applies for a work permit like you did or visitor visa. She can apply through your account. A visitor visa is just that. She cannot “live” in Canada and can stay up to 6 months or as long as CBSA decides on entry. She can extend her stay once in Canada with a visitor record and will be asked most likely to complete a medical.

Check processing times for either. She doesn’t have to work on SOWP but then doesn’t have to worry about extending stay as a visitor. Also with a visitor visa she has to prove ties to return to home country. Your kids will have to extend their stay too as eTA only allows stays up to 6 months.

 

[abctkt]

Thanks so much

and if she leaves after 2-3 months on holiday she has to apply for a TRV again each time?

I guess a SOWP is much better than as she does the medical and there won’t be issues any more

 

[Naturgrl]

Thanks so much

and if she leaves after 2-3 months on holiday she has to apply for a TRV again each time?

I guess a SOWP is much better than as she does the medical and there won’t be issues any more

IF she has a TRV then she can re-enter as long as it is valid. Usually TRV is valid for 10 years. The issue is will she pass the medical given her current diagnosis.

 

[abctkt]

When I look at this i reckon she should be ok

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/medical-inadmissibility.html

 

[Naturgrl]

When I look at this i reckon she should be ok

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/medical-inadmissibility.html

Depends. IRCC panel physicians may see her treatment as excessive demand on services. The issue is that she is in treatment no. If she passes the medical then no issue. If given procedural fairness letter, then she will have to show that she will not require healthcare services for cancer treatment in Canada.

 

[canuck78]

Thanks so much

and if she leaves after 2-3 months on holiday she has to apply for a TRV again each time?

I guess a SOWP is much better than as she does the medical and there won’t be issues any more

She can easily get denied for a TRV just because it will be assumed that she is trying to reunite with you and live in Canada. The best option is to apply for a. SOWP or at least apply for both SOWP and TRV at same time. As already mentioned SOWP does not require you to work but will give her status in Canada until the end be of your WP while TRV doesn’t guarantee entry into Canada, does not guarantee that she will be able to remain 6 months or guarantee an extension of her visitor record expires before your WP expires. Given that she had cancer that could also lead to issue entering Canada especially as a visitor. What province do you live in/where is your employer located? In some provinces your wife would need to wait up to 3 months to qualify for provincial healthcare and there will be a wait to time to get referred to see an oncologist. Depending on your wife’s treatment plan and health having no access to provincial healthcare for 3+ months but realistically more like 4-5 months at a minimum which may not be a good idea given her cancer. Does your employer offer access to an extended healthcare benefit plan? Without an extended benefit plan paying for healthcare is much more costly so also something that should be considered. Assume the goal is to remain in Canada longterm. If your wife is in Canada IRCC will have access to your wife’s healthcare billing to estimate whether or not she meets the excessive demands on healthcare threshold. It is easier to claim that you won’t meet the threshold if IRCC doesn’t have access to that information. Depending on the cost of her care in the next 5-10 years something to consider. Qualifying to PR these days is very hard and many people are ending up with periods where they don’t qualify for provincial healthcare so looking at potential pathways to PR and whether you have a pathways to PR whether your wife will be able to go without health coverage for periods of time (health-wise and financially if you has to pay out of pocket) should also be something you consider. Without knowing what type of cancer, prognosis, current treatment plan, your financial situation, your longer plans, etc. hard to comment.

 

[abctkt]

The answer is she will require injections and medications when she is there. But with NHS we can get meds for her time there. Only issue is some meds she may require someone to inject it for her potentially so she may ac try ally require healthcare services but I don’t think it’s excessive

 

[canuck78]

The answer is she will require injections and medications when she is there. But with NHS we can get meds for her time there. Only issue is some meds she may require someone to inject it for her potentially so she may ac try ally require healthcare services but I don’t think it’s excessive

While in the UK if she qualifies for care under NHS (typically that she also must pay for as a FN) she will receive medications but typically you are limited to a certain amount of medication at one time. How long does the have status in the UK and when does her NHS card expire? What will she do if able to enter Canada?