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TRV - Accompanying a Student - PLEASE HELP!

vis

Newbie
Apr 26, 2012
6
0
My husband just got an offer for a master’s degree and he is going to Canada in September… I want to go with him and apply for TRV (The Spouse or common-law partner accompanying a student to Canada option) but there is an issue.. My husband is Canadian but who hasn’t lived there for a 4 years now and he is only going to finish his masters to then go back to Dubai (where is currently living).

When I was reading for the TRV – I read that I can accompany my husband if he has a work permit valid for 6 months or if he has a study permit.. But He doesn’t need this because he is CANADIAN.. would I then be able to apply for this? – I don’t want to apply for the Sponsorship[ because we will be staying there on year only.

Please help
 

scylla

VIP Member
Jun 8, 2010
95,937
22,176
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You don't qualify for "spouse or common-law partner accompanying a student to Canada option" because he's Canadian and is not coming to Canada on a study visa or work permit.

Assuming you hold a passport from a non-visa exempt country, you will have to apply for a TRV independently (i.e. as a independent visitor). In order to be approved, you will have to demonstrate strong ties to your home country, sufficient funds to finance your stay and prove you have no plans to remain in Canada long term. Be aware that there's a good chance of rejections since your husband is Canadian and CIC will likely suspect you intent to stay permanently. So provide as much supporting documentation and evidence as you can proving you have ties elsewhere.

Good luck.
 

vis

Newbie
Apr 26, 2012
6
0
Oh thanks a lot - i wanted to be able to work there as well, that was my concern!

in fact, we are not officially married yet but were thinking to do that just because its easier to go there but i guess its not.. so you suggest, i should apply for a regular visit visa?

many thanks again for ur help.
 

scylla

VIP Member
Jun 8, 2010
95,937
22,176
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes - you just need to apply for a regular visit visa (again, assuming you are from a non-visa exempt country).

Keep in mind that a visit visa will only allow you to visit Canada for six months. Once that time is drawing to a close, you will have to apply for an extension and hope it is approved. Also, you are not allowed to work or attend school while on a visit visa (only visit as a tourist).
 

vis

Newbie
Apr 26, 2012
6
0
....and just one last question, is it possible to switch from a visit visa to a work one? or there is no chance for me to work.

im finishing my university this year and that is why i wanted an option that allows me to work as well.

Scylla - thanks a lot, i appreciate it.
 

scylla

VIP Member
Jun 8, 2010
95,937
22,176
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
What's your home country? Have you looked into applying for a working holiday visa? (You'll have to see if you qualify based on your country of origin, age, country of residence, etc.) Google "canada IEC" and then your home country to see what's available and if you qualify.

If you don't qualify for a working holiday visa, then it is still possible to obtain a work visa once here - but there are definitely complications. First of all, you have to find an employer willing to hire a foreign worker (many aren't due to the paperwork and waiting involved). Once you find an employer, that employer will have to apply for something called an LMO which gives them approval to hire you. As part of this process, they will have to advertise the job and prove they were unable to find a Canadian to hire or train for the role. If the LMO is approved (not all are) - you can then apply for a work permit. If your work permit is approved, you can then start working. This entire process takes months and there's no guarantee of approval. This is why it can be so difficult to find an employer who's willing to consider a foreign candidate.

Hope this helps. Again, you should look into the working holiday visa option.
 

vis

Newbie
Apr 26, 2012
6
0
Yes - i totally gree, finding an employer, who is willing to go through the labour market test and paperwork is very difficult.

My nationality is albanian but i have been a resident in the UK for 6 years now.. I haven't heard of the holiday visa option, but i will certainly look at it.

Many thanks again.
 

scylla

VIP Member
Jun 8, 2010
95,937
22,176
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Too bad - you don't qualify for a working holiday visa (you would have to be a UK citizen to qualify).

So your only option is to find an employer who's willing to go through the LMO process. Also keep in mind that if you do end up applying for a work visa, the application will have to be sent to the visa office for your home country (not the visa office in Canada) and your passport will have to be sent there as well for visa issuance. Also, if an interview is required, it will be held in that visa office (not in Canada).

I think your first challenge will be getting the TRV (tourist visa) approval. Given you're young and not living in your home country - this could be quite the challenge. I would focus on that first.
 

vis

Newbie
Apr 26, 2012
6
0
Yes - unfortunately its not in the list.

Yes i think that would be a challenge but its the only option left. Again, having travelled quite a lot and being in the UK for 6 years, and also working here - will hopefully mean something.
Both ways, i really thank you for your help - its been days of researching and i wasn't finding anything.

Thanks again.

Vis