Help with IMM 5257 and 1295B

[sarnath]

My wife has been offered a job in Vancouver. We plan to apply for a work-permit for her and a visitor's visa for me.

IMM 1295B (Work Permit):

After entering my details under 'spouse' should I check "Yes" under "will accompany you to Canada?". I don't intend to stay there for the entire duration of my wife's tenure since I have my job in the USA. I just want to have the flexibility of visiting her.

IMM 5257 (temporary Resident):

Same question as above.

I thought of checking 'No' in both forms, but I am not sure if that is the right thing to do.

 

[OS]

'Accompanying dependents' are the members of the family who will be getting visas (if issued) at the same time with the principal applicant (this implies that you will have to submit your applications and passports at the same time to the same visa office). I would probably link your two applications so that your TR visa can be for the same duration as your wife's work permit and make sure you are included as an accompanying dependent on her work permit application (she seems to be the principal applicant here). If she is also from a country whose citizens are required to obtain TR visas to enter Canada, a TR visa will (hopefully) be issued to her without her having to complete IMM 5257. You still have to complete your own IMM 5257, so you will technically be the principal applicant on this form, and I would also check her as "accompanying" on your form to link your two applications. Tried to make this as straightforward as possible and hope this isn't too confusing (there are quite a few nuances, but I don't want to go too much into detail as you are not asking for any other details).

You don't have to stay in Canada for the entire duration of your wife's work permit, but you should know that, upon entry, your passport will (most likely) be stamped to show the date of entry. In most cases people entering Canada are automatically allowed to stay 6 months from the date of entry, even if they don't seek to stay 6 months. In some cases the officer at the port of entry would add by handwriting below the stamp that a person must leave by X date. The handwritten note, if any, overrides the 6-month rule.

 

[matthewc]

Why would the husband complete an entirely separate application when he can just be listed as a dependent on the work permit application?

You didn't say what countries you're both from - I'm assuming the USA. If you're US citizens, then you have two options:

1. Complete one application, with you listed as accompanying, and CIC will issue you a work permit for the same duration as your wife's work permit, which will allow you to come and go as you please to and from the US, and work for any employer if you wish to. It doesn't obligate you to work, of course.

2. She just applies for the work permit on her own, and you can travel to Canada with just your passport as a visitor. No need for prior approval.

If you're not a US (or otherwise visa exempt) citizen, then option 1 is definitely best.