Spouse not accompanying, can one bring kids?

[kimat]

So here is the situation: One of my family members is married with two kids and is looking to apply for Express Entry. Her spouse has a very good job and is unwilling to make the move for at least the next two to three years. Both understand that this is a good thing so that one partner can establish a life and career in Canada while the other can support the family financially and then move when the time is ripe.

Now the question is can she apply for herself and the kids while the spouse is not accompanying them? Because she does not want to move without the kids. She has family in Canada which can help in taking care of the kids while she tries to establish roots here.

She has a slightly higher CRS score (466 vs 455) if she applies without an accompanying spouse.

Thanks for your response.

 

[Dreamer_2019]

Yes, she can, but she has to mention her husband as non-acompanying and have a reason for that (there is a question in the application). He will still have to go through medical exam together with the wife and kids. After getting her PR she can apply for family sponsorship and get her husband to Canada. I think it takes around 12 months for the sponsorship process.

 

[kimat]

Thanks, so there is no issue with the kids accompanying the applicant, while the spouse is not?

 

[canuck_in_uk]

Thanks, so there is no issue with the kids accompanying the applicant, while the spouse is not?

No issue. The spouse will have to give permission for the children to immigrate.

 

[canuck78]

The wife will have to declare his international income. Once he becomes a PR he will become a resident for tax purposes. He can land and then move 2-3 years later. Having a PR card would allow him to visit his family.

 

[kimat]

The wife will have to declare his international income. Once he becomes a PR he will become a resident for tax purposes. He can land and then move 2-3 years later. Having a PR card would allow him to visit his family.

That is one of the reasons they don't want to apply at the same time, so that he can retain his tax-free status and as he has a multiple entry visit visa, he can visit his family easily anyway.

 

[canuck78]

That is one of the reasons they don't want to apply at the same time, so that he can retain his tax-free status and as he has a multiple entry visit visa, he can visit his family easily anyway.

You still have to declare is income on your taxes. Seems pretty unfair that your family is willing to use the services but your family is unwilling to contribute to pay for them. He needs to be included in your application even as non accompanying.

 

[kimat]

You still have to declare is income on your taxes. Seems pretty unfair that your family is willing to use the services but your family is unwilling to contribute to pay for them. He needs to be included in your application even as non accompanying.

The spouse earning an income in Canada will be paying taxes. There is nothing unfair about non-residents not paying taxes. That is according to the taxation rules.

 

[canuck78]

The spouse earning an income in Canada will be paying taxes. There is nothing unfair about non-residents not paying taxes. That is according to the taxation rules.

Don’t agree since most families have both income earners paying taxes. As previously noted your husband does not want to receive PR with his family because he does not want to pay taxes. Sure it’s legal but fair is another story.