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APPLICATION ANSWERS · E-2 FIELD GUIDE

Can an E spouse be included as replacement staff in the acquired operation?

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THE DIRECT ANSWER

Describe the real proposed role and verify the spouse’s individual valid status before relying on work. A family staffing plan does not itself create authorization.

Separate a staffing assumption from current eligibility

A qualifying E spouse may work incident to valid dependent status with the applicable evidence. Identify when that status exists and what the person will actually do. Children do not receive the same spouse benefit.

Avoid using an unconfirmed family role to conceal an operating gap left by the sale, and budget for a genuine alternative if the person is not available as planned. Hypothetical example: A Trois-Rivières investor in an indoor-climbing gym expects an E dependent spouse to run the front desk while the seller trains staff. The family review should identify the spouse’s current status and actual proposed activity before relying on that person in the operating plan.

Children do not receive the same spouse work benefit, and an unpaid label does not solve a role that is essential to revenue. The first review should separate the enterprise’s staffing needs from each family member’s immigration position. A practical decision may be to hire a manager, delay an opening, or wait for the appropriate status evidence rather than assume family availability.

Do not let a business forecast count labour from someone whose authorized activity has not been established.