Canadian immigration laws allow you to immigrate from the UK with your family to Canada. However, it is important to understand what exactly a family is in the context of Canada’s immigration laws. The law is specific on who qualifies to accompany you as the principal or primary applicant .
To begin with, your dependent children can accompany you to Canada. You cannot take your parents or grandparents because the legal definition of family in Canada does not include them. The definition of family includes your spouse, who can either be your married spouse or common law spouse.
Common Law Spouse
A common law spouse is a partner with whom you are in a conjugal relationship for more than 12 consecutive months, meaning that you have lived together in a relationship that is similar to that of husband and wife. Such a relationship would make your partner eligible to accompany you to Canada as a common law partner.
As mentioned earlier, you are able to take dependent children with you when immigrating to Canada from the UK. Generally dependent children means children under the age of 22. Notably, there is also an exception where children with either a physical or mental disability are legally deemed to be your dependent children even after they are older than 22 years.
It is important to note that eligible family members can accompany you to Canada whether you are immigrating permanently or temporarily. For instance, if you are moving to Canada as a student, you have an option of taking your family with you, including dependent children.
Children under the age of 18 are minor children and would be able to move with you to Canada and are generally able to attend school in Canada without an issue. However, if your children are above the age of 18, there may be an additional challenge in most instances. They would generally be required to apply for their own study permits in order for them to immigrate to Canada with you given that such children are likely going to be attending a post-secondary institution.
You are also able to take your partner with you to Canada if you are moving there to study. In such circumstances, your partner would also qualify for an open spousal work permit. The same applies if you are planning to immigrate to Canada as a worker. If you have been able to secure a work permit in Canada and you are planning to travel, chances are that you may be able to take your dependent family members with you.
There are some limitations depending on the nature that you are moving to Canada to do. However, provided the job you are moving to Canada to do qualifies you to take your spouse and dependent children with you, then you would be able to do so.
If you intend to apply for Canadian permanent residency directly from the UK, you may be able to include both your dependent children and your partner in the application. Once the application is approved, you would be able to travel with them to Canada.
The ages of your children as of the date when you filed the permanent residency application are the ages that will apply. Provided your children were below the age of 22 at the time you applied for permanent residency, then that is the age that is going to be taken into consideration when assessing the permanent residency application.
In conclusion, Canadian immigration laws make it possible for you to immigrate from the UK to Canada with your family, which may be your spouse and dependent children.
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