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KING · TN FIELD GUIDE

How should my family plan when my TN ownership assessment is unresolved?

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THE DIRECT ANSWER

Treat dependent relocation as contingent on a viable principal application. Eligible spouses and unmarried children under 21 may seek TD, but that depends on the principal’s TN position. TD does not itself authorize a spouse to help operate the business, even when the business is family-owned.

Separate household support from business participation

List any work the spouse expects to perform, including administrative or customer-facing activity, and obtain separate immigration advice before including that activity in the business plan. Do not assume that calling it unpaid assistance settles the issue. Consider postponing nonrefundable household commitments while the principal’s ownership arrangement is assessed.

Each family member’s citizenship and travel plans also need review; shared ownership or a shared surname does not replace the evidence required for a dependent application. Record the family position in documents as well, since the household plan will otherwise rest on assumption. Hypothetical example: a spouse expects to handle bookings and customer correspondence for a rural tourism operation the household partly owns.

That expectation should be written down and put to the adviser as a specific question, because TD does not itself authorize employment and family ownership of the business does not alter that. The records that matter are the spouse own status evidence, the relationship documents required for TD, and a written description of every activity the spouse intends to perform, including unpaid administrative help. Eligible spouses and unmarried children under 21 may seek TD, but that depends on the principal TN position being viable, so treat relocation commitments as contingent until it is.

Obtain separate advice before any such activity begins rather than afterwards.