Read the general life across the border overview
Hypothetical example: an Asphodel-Norwood couple have lived together for eleven years without marrying, and one of them has a child from an earlier relationship whom both raise. Derivative status depends on legal definitions of spouse and child that are considerably narrower than everyday usage, and neither definition bends to the practical reality of a family. Households discover this very late unless somebody asks early, and by then the available answers may cost a year.
A common-law partner is not a spouse for derivative status
Dependent classifications such as TD, L-2 and E-2 dependent status are available to a spouse, meaning a party to a legally valid marriage. A long-standing common-law relationship, however settled and however recognised for other purposes in Canada, does not create derivative eligibility. The partner would need an independent basis to enter and remain, which might be their own professional classification, their own employer sponsorship, or in some circumstances a visitor status that permits neither work nor an indefinite stay. Couples in this position should identify it at the beginning of planning, because the available answers take time and some of them are personal decisions rather than legal ones.
A stepchild qualifies only if the marriage happened before the child turned eighteen
Where there is a marriage, a stepchild may be a child for immigration purposes, but the definition requires that the marriage creating the relationship took place before the child reached eighteen. A couple who marry when the child is nineteen do not create that relationship, whatever the practical family history. Adoption has its own separate requirements including age and residence conditions. These are technical rules with hard edges, and they are worth checking against the family's actual dates rather than its sense of itself. Gather birth certificates, marriage certificates and any adoption or custody orders early.
Then apply the ordinary dependant limits to everyone who qualifies
Once the qualifying dependants are identified, the usual rules apply. Dependants may study. Whether they may work depends on the principal's classification: an L-2 or E-2 spouse is employment-authorised incident to status, while a TD spouse is not. Children lose dependent status at twenty-one regardless of category, so their birthdays should be written beside the expected assignment dates. Where a custody order restricts a child's removal from Canada, that is a separate legal question that must be resolved on the Canadian side before travel, and it is not addressed by any American immigration document.
What else is on your mind?
Is a matching job title enough for TN?Can years of experience replace a degree for TN?Can my own U.S. company employ me under TN?Can my spouse work if I hold TN status?Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.