Immigration Status for Family
The following is general information, not intended to be legal advice and is subject to change based on any number of factors including but not limited to changes in government regulations. You are strongly advised to consult with Human Resources on the particulars of your case and circumstances.
- If your family members (your children and spouse or common-law partner) are accompanying you to Canada you should apply for their immigration status documents at the same time when you submit your application.
- The primary applicant is the person who applies for a work permit based on the employment offer letter from Toronto Metropolitan University; a spouse may be eligible to apply for an open work permit and dependent children for a visitor record or study permit, if they will be attending school in Canada.
- If your family cannot accompany you at the same time, they can obtain their status later.
At the time of your application, your spouse or common-law partner should also be able to apply for an open work permit.
Your marriage certificate or common-law statutory declaration must be submitted to demonstrate that your partner meets requirements.
In the immigration context, a common-law partnership means that a couple have lived together for at least one year in a conjugal relationship.
Your dependents, upon submission of the required documentation (e.g. birth certificate), will also be able to receive the appropriate authorization to enter Canada.
If your children will be studying in Canada, they need to obtain a study permit.
Government of Canada: Who you can include as a dependent child on an immigration application (external link)
Normally, Dual Canadian citizens must travel to or transit through Canada by air with a Canadian passport. However, If you or your family members are American-Canadian dual citizens with a valid U.S. passport, you don’t need a Canadian passport to fly to Canada.
If your child who is a dual Canadian citizen was born outside Canada, you must obtain a Canadian citizenship certificate before applying for a passport. You may request urgent processing (external link) when applying for a Canadian citizenship certificate.
If your child is an American-Canadian dual citizen who was born outside Canada and did not have a chance to obtain a Canadian passport, they can be admitted to Canada based on their US passport. You will still need to carry proper identification to enter Canada.
Government of Canada: Travel documents and identification requirements (external link)
If your family is not able to move to Canada at the same time with you, they can apply for the appropriate authorization to enter Canada later to join you.
When applying for such authorization your family members must demonstrate proof of relationships (external link) as well as proof of your current immigration and employment status in Canada.
Their immigration status documents will be linked to your work permit.
Upon submission of the required supporting documentation (e.g. marriage certificate, etc.), your spouse/partner may receive an open work permit based on your work permit. The open work permit will allow your spouse/partner to work for any employer in Canada for the effective period of the permit.
If you are in a common-law relationship and your common-law partner will accompany you to Canada, you must fill out the (PDF file) Statutory Declaration of Common-Law Union (IMM 5409) (external link) . Common-law partnership means that a couple have lived together for at least one year in a conjugal relationship. Proof listed on the form to support your relationship must be provided.
Pilot program for spouses and common-law partners applying for PR
If your spouse/partner is being sponsored by you under the Family Class, the Government of Canada has created a pilot program to assist spouses and common-law partners obtain an open work permit, allowing them to work while their application for permanent residence is underway. This program is currently in effect until July 31, 2020. For more information on the pilot program visit IRCC (external link) .
If you have a child who will be attending pre-school, primary or secondary school (external link) , your child can study in Canada without a study permit (external link) based on your work permit.
However, it may still be advisable to apply for a study permit if, for example, your child will soon approach an adult age (external link) and will then require a study permit in order to continue his/her studies.
This is important to note as there are restrictions on who can apply inland for a study permit.
Government of Canada: Study permit (external link)
While only immediate family members including a spouse/partner and dependent children (external link) are eligible to apply for immigration status at the time of your work permit and/or permanent residence applications, you may, upon transition to permanent residence yourself, sponsor certain family members (external link) under the Family Class (external link) .