Best Dependent Visa Lawyers in Oakville

About Dependent Visa Law in Oakville, Canada

In Canada, there is no single document officially called a Dependent Visa. People use this phrase to describe several immigration options that allow family members to join or remain with a principal applicant in Canada. These options fall into two broad groups. The first group is for temporary residents, such as workers and students in Canada, whose spouses or children may be eligible for visitor status, study permits, or open work permits. The second group is for permanent immigration, where a Canadian citizen or permanent resident sponsors a spouse, common law partner, conjugal partner, or dependent child for permanent residence.

Oakville is in Ontario and immigration is regulated federally under the Immigration and Refugee Protection Act and Regulations. Applications are submitted to Immigration, Refugees and Citizenship Canada, often online. Oakville residents use the same federal rules as everyone else in Canada, though local services in Halton Region can help with settlement, forms, translations, and community support. Many families in Oakville use a mix of temporary and permanent pathways. For example, a worker in Oakville may invite a spouse on an open work permit while also pursuing spousal sponsorship for permanent residence.

Typical dependent pathways include a spousal open work permit for qualifying spouses or partners of some temporary foreign workers or international students, visitor records for accompanying family, study permits for school aged children, and family class sponsorship for permanent residence. The right choice depends on your current status, goals, timelines, and the eligibility rules that apply to your situation.

This guide offers general information for people in Oakville exploring options for their dependents. It is not legal advice. A licensed lawyer can assess your facts and provide tailored guidance.

Why You May Need a Lawyer

Immigration applications look straightforward, but small errors can lead to delays, refusals, or status problems. A lawyer can help you choose the correct pathway for your family, prepare strong evidence, and reduce risks that come from misunderstandings of the rules. This is especially important when timing matters, such as keeping children in school without interruption or maintaining a spouses ability to work.

Common situations where legal help is valuable include complex family histories, previous refusals or misrepresentations on any visa, criminal charges or past convictions, medical concerns that might trigger admissibility issues, uncertainty about common law status or cohabitation proof, restoration of status after an unintentional overstay, simultaneous temporary and permanent applications, travel planning while an application is in process, and changing circumstances such as a job change, program switch, or marital breakdown during processing.

Lawyers also help when documentation is difficult to obtain, such as police certificates from multiple countries, proof of sole custody for a child, or affidavits to explain name discrepancies. If a refusal occurs, a lawyer can evaluate options like reconsideration, reapplication with stronger evidence, or an appeal or judicial review when available.

Local Laws Overview

Immigration in Oakville follows federal law. The key framework is the Immigration and Refugee Protection Act and its Regulations. These set definitions of dependent child, list who may be sponsored, describe eligibility for temporary permits, and outline admissibility rules such as medical, criminal, and financial criteria. For sponsorship, a sponsor must be at least 18, be a Canadian citizen or permanent resident living in Canada or intending to return if abroad, not be in prison or subject to a removal order, not be in default of a previous sponsorship undertaking or court ordered support, and not be on social assistance other than for disability.

The definition of dependent child is generally under 22 years old and not married or in a common law relationship. A child 22 or older can still be a dependent if they have a physical or mental condition that makes them financially dependent and they have been dependent since before 22. Undertaking periods for sponsors vary. For a spouse or partner, the undertaking is typically 3 years. For a dependent child under 22, the undertaking is often 10 years or until the child turns 22, whichever comes first. If the child is 22 or older at landing, the undertaking is 3 years. Quebec has additional rules that do not apply in Ontario.

Temporary pathways follow federal criteria. Spousal open work permits may be available to spouses or partners of certain temporary foreign workers in skilled occupations and, in limited cases, to spouses of specific international students such as those in eligible graduate programs. School aged children of workers or students often can attend primary or secondary school in Ontario. In many situations, minor children in Canada can study without a study permit if a parent is authorized to work or study, but a visitor record or other authorization may still be required. For post secondary study, a study permit is required.

Oakville specific processes include local services for biometrics and medical exams available in nearby cities in the Greater Toronto and Hamilton Area. School registration for minors is with local school boards in Halton Region, and proof of immigration status and residency is usually needed. Settlement agencies in Oakville assist with applications, translation, and referrals. Provincial laws in Ontario govern marriage recognition, family law, and access to health insurance. Some dependents may qualify for provincial health coverage after meeting eligibility criteria, while others may need private insurance.

Frequently Asked Questions

What does Dependent Visa mean in Canada?

It is an informal term that refers to immigration options for family members of someone in Canada. This includes open work permits for eligible spouses, visitor or study status for children, and family class sponsorship for permanent residence. The correct application and document set depend on your status and goals.

Who counts as a dependent child for immigration purposes?

Generally, a child under 22 who is not married or in a common law relationship is a dependent child. A child 22 or older may still qualify if they have a physical or mental condition that makes them dependent and they have depended on their parent for financial support since before 22. Stepchildren can qualify if the relationship is recognized and parental consent and custody rules are met.

Can my spouse work in Oakville while I am on a work or study permit?

Possibly. A spousal open work permit may be available to spouses or common law partners of certain temporary foreign workers in eligible occupations and, in limited circumstances, spouses of specific international students such as those in qualifying graduate programs. Eligibility and documentation are strict. A lawyer can confirm whether your situation meets the current rules.

Do my school aged children need a study permit to attend school?

Many minor children in Canada can attend primary or secondary school without a study permit if a parent is authorized to work or study. They still need valid status and may need a visitor record. For post secondary education, a study permit is required. School boards in Halton Region will ask for proof of status and local address for registration.

How long does a spousal sponsorship take?

Processing times vary by stream and change throughout the year. Spousal or partner sponsorships often take many months and can exceed a year. Inland and outland streams have different timelines and travel implications. Check recent processing trends and plan for biometrics, medicals, and background checks, which add time.

What financial requirements apply to sponsoring a spouse or child?

There is no general minimum income requirement to sponsor a spouse or partner, but the sponsor must not be on social assistance other than for disability and must meet previous undertakings. If you are sponsoring a dependent child who has their own dependent child, an income threshold applies. Fees for processing, biometrics, and the right of permanent residence also apply.

What evidence is needed to prove a genuine spousal or common law relationship?

You should provide proof of marriage or a statutory declaration of common law status, plus evidence such as cohabitation for at least 12 months for common law, joint leases or property, shared bills and finances, photos over time, travel records, communication logs, affidavits from family and friends, and any children born to the relationship. Incomplete or inconsistent evidence can cause delays or refusals.

Can I apply for temporary status for my dependents and permanent residence at the same time?

Often yes. Many families file a temporary application, such as a visitor record or open work permit, while a permanent sponsorship is in process. Temporary status is discretionary and must be maintained. Travel plans should be coordinated with application stages and document validity. A lawyer can map out a strategy to reduce gaps in status.

What happens if my application is refused?

Options depend on the type of application and reason for refusal. You may be able to reapply with stronger evidence, request reconsideration, or seek an appeal or judicial review for certain decisions. Sponsorship refusals may be appealed to the Immigration Appeal Division, while temporary refusals typically go to Federal Court for judicial review. Deadlines are short, so act quickly.

Do I need medical exams, biometrics, or police certificates?

Most permanent residence applications require a medical exam by a panel physician and police certificates for countries you have lived in for 6 months or more since age 18. Biometrics are widely required for both temporary and permanent applications. Some temporary applications may require medicals depending on the job duties or time spent in certain countries. Plan early to avoid delays.

Additional Resources

Immigration, Refugees and Citizenship Canada for official program criteria, forms, and processing times.

Service Canada for biometrics collection locations and status services.

Immigration and Refugee Board of Canada for information on appeals where applicable.

Law Society of Ontario for lawyer licensing, complaints, and referral services.

Halton Community Legal Services for community based legal help in Halton Region, subject to eligibility.

HMC Connections Halton Multicultural Council for settlement support, document help, and newcomer programs.

Oakville Public Library Newcomer Services for local information, language resources, and community referrals.

Halton District School Board and Halton Catholic District School Board for school registration and documentation requirements for children.

Ontario Ministry of Health and ServiceOntario for information about provincial health coverage and eligibility for newcomers.

Local Members of Parliament constituency offices for federal case inquiries and general guidance on federal services.

Next Steps

Clarify your goals. Decide whether you need temporary status for dependents, permanent residence through sponsorship, or both. Consider timelines, work or study needs, and travel plans.

Gather documents early. Common items include passports, marriage and birth certificates, proof of relationship and cohabitation, financial records, employment letters, school letters for children, police certificates, and previous immigration records. Obtain certified translations where needed.

Check current eligibility rules. Criteria for spousal open work permits and student related dependents change periodically. Confirm that your occupation, study program, and status meet the latest requirements.

Plan for biometrics, medical exams, and fees. Book appointments with panel physicians in the Greater Toronto and Hamilton Area and budget for application and biometrics fees.

Consult a licensed Ontario immigration lawyer. Ask about strategy, timelines, risks, and how to strengthen evidence. Bring passports, permits, refusal letters if any, proof of relationship, and a list of all countries lived in since age 18.

Submit accurate applications and keep copies. Answer all questions truthfully and consistently across forms. Inconsistencies can lead to delays or misrepresentation concerns.

Maintain valid status. Renew or extend your status before it expires. If you fall out of status, seek legal advice promptly about restoration options and the impact on your dependents.

Monitor your application. Respond promptly to IRCC requests. Update IRCC if your family situation changes, such as a marriage, new child, or job change.

Use local supports. Settlement agencies in Oakville can help with forms, translation, and community referrals while your application is in process.

If refused, act quickly. Deadlines for appeals or judicial review are short. A lawyer can evaluate the refusal reasons and advise on the most effective next step.