Immigration | Can I take my family to Canada?

Dear Miss Powell,

I am an executive secretary in the government service and would like to explore my options under the Canadian work programme. Is it possible for you to give me some information and advice on the steps to apply successfully and the likely costs? I am 38 years old, married, and have two children. Can I take my family with me? Will my husband be able to work, too? I look forward to your answer.

D. R.

Dear D. R.,

My first recommendation is simple. Schedule a consultation with a reputable Canadian immigration lawyer or licensed immigration consultant. One hour of proper advice can save you months of frustration, thousands of dollars, and a possible refusal. Next, be clear on your objectives.

TEMPORARY OR PERMANENT?

Before you think about forms or fees, you need to know which pathway suits your family. Do you want to work in Canada temporarily or become a permanent resident? The advice for each is quite different.

If your goal is permanent residence, your first steps are to get an approved English language test and an Educational Credential Assessment of your qualifying education. These documents will be needed if you intend to pursue any application for permanent residence.

Your work as an executive secretary is classified as a skilled occupation in Canada. If you have the supporting education, you may qualify under one of the economic immigration programmes.

Permanent residence gives you the greatest flexibility. Permanent residents can live, work, and study anywhere in Canada, and your husband and children could immigrate with you at the same time. For a family of four, this is usually the best pathway to explore.

THE WORK PERMIT ROUTE

A work permit is a different process. In most cases, you must first secure a job offer from an authorised Canadian employer. That employer may need a Labour Market Impact Assessment, known as an LMIA, from Employment and Social Development Canada. A positive LMIA confirms that no suitable Canadian citizen or permanent resident is available to fill the position. Securing an LMIA-supported job, especially as a secretary, could be your biggest hurdle.

Additionally, a job offer does not guarantee a work permit. An immigration officer must also be satisfied that you meet the legal requirements, including that you will leave Canada at the end of your authorised period and not breach the immigration rules.

WILL YOUR HUSBAND BE ALLOWED TO WORK?

This is where your occupation plays a significant role. Since January 2025, your husband’s ability to get an open work permit depends on the skill level of your job in Canada. The eligible occupations are dominated by management, professional, technical, health, and trades roles. Administrative positions such as executive secretary are not on the list. So if you come to Canada on a work permit in your current field, your husband would not qualify to work unless you have applied for permanent residence under an economic programme. Your children could travel with you and attend school, but they would not qualify for open work permits of their own.

YOUR HUSBAND MAY BE THE KEY

You showed your age and occupation but not your husband’s. That gap matters. If he works in a technical, health, or trades occupation, he may be the stronger principal applicant. Canada has recently given priority to those occupations. If he secured a work permit in an eligible occupation, you would be the one entitled to an open work permit as his spouse. In a permanent residence application, the spouse with the stronger profile should usually be the principal applicant, and the other spouse’s education, language results, and work experience still earn points. A consultation with an immigration lawyer could reveal who is the stronger candidate and the best pathway for your family.

THE CATCH-22 OF INTENT

If you apply for a temporary work permit, the officer must be satisfied that you will leave Canada at the end of your authorised stay. Applying to bring your husband and children with you can suggest that your true plan is to settle permanently. Leaving them in Jamaica, on the other hand, demonstrates strong ties to home. This is the catch-22.

The law gives you some room. Section 22(2) of the Immigration and Refugee Protection Act recognises dual intent. You may hope to become a permanent resident one day and still be approved as a temporary resident as long as the officer is satisfied that you will leave Canada if that day never comes.

Never hide your plans or your family. Misrepresentation can make you inadmissible to Canada for five years. Present your ties, your intentions, and your family’s plans honestly and clearly. This is exactly the kind of issue a lawyer helps you frame before you apply.

COSTS AND OTHER REQUIREMENTS

Whichever route you choose, you and your family may need medical examinations and police certificates, and criminal convictions or certain medical conditions can affect your application. As for costs, there is no single answer. Government fees vary by programme, and each of these requirements carries its own price, along with language tests, educational assessments, biometrics, and legal fees. These are some of the things to discuss in a consultation so that you can have an estimate of expenses to anticipate based on the programme you choose.

YOUR NEXT STEP

Your letter can only be the start of the process for you and your family. The right pathway depends on facts I do not yet have, including your husband’s occupation, age, and work experience; your education; and your language ability. Arrange a consultation with a reputable Canadian immigration lawyer before you spend money on courses, recruiters, or immigration agents, and ensure that you present your husband’s credentials at that meeting.

You should also read my earlier article in the Jamaica Gleaner archives on preparing for an immigration consultation. If you attend the meeting prepared, you should be able to get advice tailored to your family’s circumstances and long-term goals.

Deidre S. Powell is a lawyer, mediator and author in Canada. Contact her via www.deidrepowell.com or WhatsApp 613-695-8777.