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Spouse & Child Visa linked to LMIA

vj171081

Star Member
Mar 15, 2020
73
4
Hello,

We entered and exited Canada after 10 months last year. I was on LMIA there and my spouse's open work visa and child's TR visa were linked to my LMIA visa. Now we are back in India.

- Can my spouse and child re-enter without me as Visa is valid for one more month? (My LMIA was employer specific and I lost job last year)
- Will the above increase there chances for PR or OWP?

Thanks in advance.
 

Naturgrl

VIP Member
Apr 5, 2020
38,777
8,024
Hello,

We entered and exited Canada after 10 months last year. I was on LMIA there and my spouse's open work visa and child's TR visa were linked to my LMIA visa. Now we are back in India.

- Can my spouse and child re-enter without me as Visa is valid for one more month? (My LMIA was employer specific and I lost job last year)
- Will the above increase there chances for PR or OWP?

Thanks in advance.
1. Maybe. Are they vaccinated? How old is your child because when OWP expires, child can’t attend school.
2. How would it increase their chances? Are you eligible for PR? Not for OWP, since it expires in one month.
 
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scylla

VIP Member
Jun 8, 2010
92,541
20,360
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
Hello,

We entered and exited Canada after 10 months last year. I was on LMIA there and my spouse's open work visa and child's TR visa were linked to my LMIA visa. Now we are back in India.

- Can my spouse and child re-enter without me as Visa is valid for one more month? (My LMIA was employer specific and I lost job last year)
- Will the above increase there chances for PR or OWP?

Thanks in advance.
1) Yes, they can enter.
2) No.
 
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canuck78

VIP Member
Jun 18, 2017
52,959
12,759
Hello,

We entered and exited Canada after 10 months last year. I was on LMIA there and my spouse's open work visa and child's TR visa were linked to my LMIA visa. Now we are back in India.

- Can my spouse and child re-enter without me as Visa is valid for one more month? (My LMIA was employer specific and I lost job last year)
- Will the above increase there chances for PR or OWP?

Thanks in advance.
They would only be able to remain for a month and will only be entitled to things like healthcare (depending on the province since they may have not met the residency obligation to qualify for healthcare) or schooling for a month. They would then need to change their status to visitors to stay in Canada legally. Is there a reason they want to return to Canada?
 
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vj171081

Star Member
Mar 15, 2020
73
4
They would only be able to remain for a month and will only be entitled to things like healthcare (depending on the province since they may have not met the residency obligation to qualify for healthcare) or schooling for a month. They would then need to change their status to visitors to stay in Canada legally. Is there a reason they want to return to Canada?
Actually we all three now want to move back to Canada. As we really liked it there. I can work in my Indian job remotely now. Also we would like to get the PR and stay there. Is the reason.

Also what we have noticed that PNP etc. is given now to people there which increases the chances but chances are very rare for all of this
 

Naturgrl

VIP Member
Apr 5, 2020
38,777
8,024
Actually we all three now want to move back to Canada. As we really liked it there. I can work in my Indian job remotely now. Also we would like to get the PR and stay there. Is the reason.

Also what we have noticed that PNP etc. is given now to people there which increases the chances but chances are very rare for all of this
But if your spouse’s permit is only valid for one more month then she can only work for a couple of weeks. This will not increase your PNP chances as you need to be working in the province not just living there as visitors. Apply for Express Entry - what is your CRS score?
 
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canuck78

VIP Member
Jun 18, 2017
52,959
12,759
Actually we all three now want to move back to Canada. As we really liked it there. I can work in my Indian job remotely now. Also we would like to get the PR and stay there. Is the reason.

Also what we have noticed that PNP etc. is given now to people there which increases the chances but chances are very rare for all of this
If you are on a closed WP you may be asked to prove that you are still employed with the Canadian employer to enter Canada. What are your plans after a month? You are unlikely to be able to remain as visitors indefinitely and getting selected for PR in the next month is unlikely if you haven’t applied. Would make a lot more sense to apply for PR from your home country since you will only be visitors in Canada.
 
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vj171081

Star Member
Mar 15, 2020
73
4
That we have already. It is pretty low 330 as I worked there only for 6 months and due to Pandemic lost the job. If moving and staying there does not increase the chances of getting PR then we have no intention to move.
 

Naturgrl

VIP Member
Apr 5, 2020
38,777
8,024
That we have already. It is pretty low 330 as I worked there only for 6 months and due to Pandemic lost the job. If moving and staying there does not increase the chances of getting PR then we have no intention to move.
Just being in Canada as visitors doesn’t increase your chances or add points. How long did your spouse work in Canada with SOWP.
 
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Deepika2556

Member
May 4, 2021
10
0
I was just going through the documents that we submitted. And in form IMM1295E, the question was have you ever been refused a visa to Canada. As this was his first-time application, he was never refused. But the continuation of the question was any other country?

We realized that his first visa got rejected in the USA in 2014 and his visa got approved for the second attempt. Am confused with this now. Could please help me with this query?

we already submitted the application.
 

Naturgrl

VIP Member
Apr 5, 2020
38,777
8,024
I was just going through the documents that we submitted. And in form IMM1295E, the question was have you ever been refused a visa to Canada. As this was his first-time application, he was never refused. But the continuation of the question was any other country?

We realized that his first visa got rejected in the USA in 2014 and his visa got approved for the second attempt. Am confused with this now. Could please help me with this query?

we already submitted the application.
You need to raise a webform ASAP to mention the US refusal. If you don’t and VOs find it in their background checks, it can lead to a 5 year ban.