H-1B Visa Holders in Canada Can Now Sponsor Dependents

Key Takeaways:

Canada’s new program, effective July 16, 2023, allows U.S. H-1B visa holders to work and sponsor dependents.
Spouses can get open work permits; dependent children can acquire study permits, enhancing family reunification.
Applications for work permits must include relationship and residency proof; deadlines and specific document requirements apply.

Can H-1B Visa Holders Sponsor Dependents to Canada?

The Canadian government’s recent changes have made it easier for H-1B visa holders to relocate and sponsor their families. On July 16, 2023, a new work permit program was introduced specifically for H-1B visa holders from the United States. This initiative allows them to work in Canada and potentially pursue permanent residency, offering an attractive alternative to the more restrictive conditions found in the U.S.

H-1B Visa Holders in Canada Can Now Sponsor Dependents

What is the New Work Permit Program for H-1B Visa Holders?

Effective from July 16, 2023, Canada introduced a special stream allowing up to 10,000 U.S. H-1B visa holders to apply for work permits. This initiative, overseen by Immigration, Refugees, and Citizenship Canada (IRCC), has received remarkable interest. All 10,000 permits were filled within a day, indicating a high demand from H-1B holders looking for a more secure and flexible working environment.

Canada recognized the oversubscription to this program and, in March 2024, announced plans to process additional H-1B visa holder applications submitted before the cap was reached.

Who Can Sponsor Dependents Under this Program?

H-1B visa holders who have secured a Canadian work permit can now sponsor their dependents. This includes:

Spouses or Common-Law Partners: They can apply for open work permits, allowing them to work for any employer in Canada.
Dependent Children: They can apply for study permits to pursue education.

This move addresses a critical gap in the U.S. H-1B program, where dependent spouses often don’t qualify for work authorization, making it a significant step for family reunification.

How to Apply for a TRV or Study Permit as a Family Member

Steps to Apply for a Visitor Visa (TRV) or Study Permit

Access the IRCC Portal: Start your application by logging into the IRCC Portal.
General Application Steps:
- For a visitor visa, follow the standard procedures outlined by IRCC.
- For a study permit, adhere to the general guidelines provided by IRCC.
Answer Key Question: During the application process, answer the question “Tell us more about what you’ll do in Canada” with “H1BF” to confirm your status as a family member of an H-1B visa applicant who has already applied. Incorrect answers can delay or result in refusal of your application.

Ensuring that all information is accurate and complete helps IRCC verify your relationship with the H-1B visa holder. Incorrect or incomplete applications can lead to delays or rejections.

What Are the Document Requirements for Sponsoring Dependents?

To successfully sponsor dependents, H-1B visa holders need to provide various documents. Here’s a detailed list of requirements:

Eligibility Criteria for Dependents

Relationship Proof:
- Spouses/Common-Law Partners: Provide a marriage certificate or Statutory Declaration of Common-Law Union (IMM 5409).
- Dependent Children: Submit birth certificates or adoption papers.
Residency Proof: Dependents must currently reside in the U.S.

Required Documentation

Canadian Work Permit Application Number: Include this in the dependent’s application.
Proof of Residency in the U.S.: Acceptable documents include completed Form I-94 (Arrival/Departure Record), recent utility bills, or income tax reports.
Medical Exam: Determine if a medical exam is necessary; if required, complete it before applying.
Online Application: Use the IRCC Portal for online applications. If a Unique Client Identifier (UCI) is requested and the applicant does not have one, enter “00000000” to proceed.

What Are the Application Deadlines?

Dependent applications for open work permits must be submitted by September 27, 2024. However, there are no set deadlines for visitor or student applications, providing flexibility for families planning their move.

How to Optimize Family Reunification with Work and Study Permits?

By allowing H-1B work permit holders to sponsor their dependents, Canada is enhancing its appeal as a destination for highly skilled professionals. Here’s how this policy benefits families:

Spouses: They can apply for open work permits, allowing them to work for any employer, adding to the household income and easing financial burdens.
Children: Dependent children can pursue their education uninterrupted, applying for study permits and integrating seamlessly into the Canadian education system.
Economic Stability: Families can apply together, ensuring economic stability and high quality of life.

What is the Difference Between Visas and Permits?

A common point of confusion is the distinction between visas and permits:

Visas: Allow entry into Canada. They include visitor visas (TRV), student visas, and temporary resident visas.
Permits: Grant specific privileges upon entry. Work permits and study permits dictate who can work or study in Canada, defining the conditions and length of stay permitted under these activities.

What Are the Types of Permits Available for Dependents?

Open Work Permit

Spouses or common-law partners can apply for an open work permit, which offers the flexibility to work for any employer in Canada. This is particularly beneficial for families, as it allows for greater economic participation and financial independence.

Study Permit

Dependent children can apply for a study permit to continue or commence their education in Canada. Canada’s education system ranks globally, providing excellent opportunities for quality education and overall development.

Visitor Visa

Family members who may not intend to work or study can apply for a visitor visa, allowing them to stay in Canada and maintain family unity without participating in employment or educational activities.

How to Prepare for the Application Process?

Document Preparation

Gather essential documents like proof of relationship, proof of residency, and the Canadian work permit application number. Ensure that these documents are in order before initiating the application process.

Medical Exam

Some applications may require a medical exam. It’s advisable to verify this requirement beforehand and complete any necessary medical checks prior to submitting the application.

Online Application

Use the IRCC Portal to submit applications. This platform provides a streamlined process but requires accuracy in information submission. If the platform asks for a UCI and one isn’t available, entering “00000000” allows the applicant to proceed.

Additional Information for Applicants

Medical Restrictions

If a medical exam isn’t required, understand that the open work permit may come with specific restrictions. For example, some work environments might be off-limits due to health regulations.

Fee Exemptions

Certain minor children may qualify for exemptions from the study permit processing fee, reducing the financial burden on families.

Conclusion

By meeting these requirements and following the outlined steps, H-1B visa holders can successfully sponsor their dependents to join them in Canada, facilitating family reunification and providing opportunities for work and education. The Canadian work permits under this new program not only attract skilled tech workers from the U.S. but also offer a comprehensive family support system, making it a desirable option for many H-1B holders. For more detailed guidance on this process, visit the IRCC official website. This policy enhances Canada’s ability to attract and retain global talent in key sectors, proving beneficial for both professionals and their families.

Learn Today:

Glossary of Immigration Terms

H-1B Visa: A non-immigrant visa that allows U.S. companies to employ foreign workers in specialized occupations. In the context of this content, it refers to U.S. H-1B visa holders looking to relocate and work in Canada.
Work Permit: An official document granting permission to live and work in a country for a specific time and job. The new Canadian work permit program allows up to 10,000 U.S. H-1B visa holders to work in Canada.
Dependents: Family members who rely on the primary visa holder for financial support. This includes spouses, common-law partners, and dependent children who can join the H-1B visa holder in Canada.
IRCC (Immigration, Refugees, and Citizenship Canada): The Canadian government department responsible for immigration, refugee matters, and citizenship. They oversee the application process for work permits and sponsorship of dependents.
Open Work Permit: A type of work permit allowing the holder to work for any employer in Canada, without a specific job offer. Spouses or common-law partners of H-1B visa holders can apply for these permits to work in Canada.

This Article In A Nutshell:

H-1B visa holders in the U.S. can now sponsor dependents to Canada under a new work permit program introduced on July 16, 2023. Spouses can get open work permits and children can acquire study permits, making family relocation easier and more appealing.
— By VisaVerge.com

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