Can a Spouse and Dependent Child of an LMIA Holder Enter Canada?

Many individuals may wonder whether their spouse or dependent child can join them in Canada if they have a Labour Market Impact Assessment (LMIA). The answer depends on various factors and the specifics of your situation. Let's explore the common scenarios and the required permits.

Understanding LMIA

A Labour Market Impact Assessment (LMIA) is a process for Canadian employers to prove to Employment and Social Development Canada that hiring a foreign worker will not negatively impact the Canadian labor market. It is not a visa or a method for individual immigration. Therefore, you do not hold an LMIA; it is a permit required by employers who wish to hire foreign workers.

Spouse and Study Permit

Moving to Canada can be a family affair. If your spouse is a British or Irish citizen, or has a valid visa, they may join you easily. However, if your spouse is a citizen of another country, they will need to apply for a spousal sponsorship or obtain a Work Permit if you are working in a Tier 1-3 job category.

For children, the situation is quite different. If you are working in a Tier 1-3 job, your dependent children will generally be eligible for Study Permits. However, if your employment falls within Tier 4 or above, your children are not eligible for Study Permits and will need to arrange their own immigration or apply for visas in their home country.

Deception and Immigration Scams

Be wary of any guarantees of success or advice from individuals who ask you to pay for services to obtain an LMIA. If you suspect that your LMIA document is obtained through illegal means or bought from a scammer, it is crucial to utilize legitimate immigration channels to avoid deportation or other legal issues.

Applying for Permits

If you and your spouse are hoping to join your children in Canada, you should consider the following steps:

Spouse Application: If your spouse is in another country, they should apply for a spousal sponsorship. This process involves gathering necessary documents and undergoing thorough vetting. Children's Application: If your children are in another country and are eligible, they should apply for a study permit. This permit is valid for those wishing to study at educational institutions in Canada.

Both the spousal sponsorship and the study permit applications require comprehensive documentation. It is beneficial to consult a professional with expertise in Canadian immigration laws to ensure that all steps are correctly followed.

Conclusion

The ability for a spouse and dependent child to enter Canada depends on the job category, the specific immigration status of the spouse, and the eligibility for study permits and work permits. Understanding these nuances is key to a successful transition to Canadian life.

For professional advice and assistance, please inbox us. We can help with the preparation of necessary documents and guide you through the entire immigration process.