can a sponsored child attend school while waiting for status?

[yperiard]

if i apply within canada to sponsor my wife and her grandson(she has custody of him)  will the child be able to attend school in canada while the app is being processed or will we have to wait until he gets status?

[RobsLuv]

That's a difficult question to answer.  Some Provinces require that minor children attend school regardless of their immigration status, but Immigration Canada doesn't always agree that they're subject to Provincial laws . . . so they'll require a Study Permit anyway, even when the Province (and the school) doesn't require one, which puts them in the position of being able to refuse one (even when there's no grounds for it).  This is what happened to us.  You can really get stuck in the middle wondering what you should have done differently.  

It's probably best to apply for a study permit for the child, but there's no guarantee one will be issued.  With an inland application, he could get a Study Permit at first stage approval - but you're looking at 8-9 months processing for that once the application is submitted.  It's a lot faster to apply outland - even if they're in Canada with you - but the advisability of doing that depends a lot on what country they're from and how long processing of an outland application will take.  It's probable (with the exception of a few countries) that an outland application would be finalized faster than an inland application will take just to get to first stage assessment.  You should always get some good advice before you just assume that applying inland is the way to go - especially if you're only doing it because you think you have to because your family is in Canada (or wants to be in Canada) with you while waiting for PR assessment.  

If you don't want to post details here, feel free to PM me with info about which country your wife is from, whether they're in Canada now or not, and how old the child is and I'll see if I can offer some options.  

[yperiard]

My wife is from the USA. I am aware it goes faster from outside Canada but we have to financially maintain twice of everything. I have not make a decision yet as to apply from outside/inside, I was just trying to get some information.

The child is 5 yrs old.

Thanks

[plumosa]

My wife is from the USA. I am aware it goes faster from outside Canada but we have to financially maintain twice of everything. I have not make a decision yet as to apply from outside/inside, I was just trying to get some information.

The child is 5 yrs old.

Thanks

this is a common misconception.   the outside vs. inside only refers to where the application is processed, NOT where the applicant is living.  I applied outside to Buffalo while living in Canada and it was absolutely not a problem.  I even used only Canadian addresses.  I think you will find plenty of other people have done that as well. 

[yperiard]

this is a common misconception.   the outside vs. inside only refers to where the application is processed, NOT where the applicant is living.  I applied outside to Buffalo while living in Canada and it was absolutely not a problem.  I even used only Canadian addresses.  I think you will find plenty of other people have done that as well.  

I was under the impression that is where your spouse/partner lives. I call the cic and the rep told me that inland app, your spouse is allowed to remain in Canada for the process of the application as long as you renew her visitor status every 6 months.

If I applied from outside, she will not be able to live in Canada in the mean time.

As far as the app Processing location... I tough that for Inland, the complete app is being processed in Vergeville AB. And the out land is Mississauga for the sponsorship part then being transfer to the Canadian visa office in the states for the spouse part.

[plumosa]

I was under the impression that is where your spouse/partner lives. I call the cic and the rep told me that inland app, your spouse is allowed to remain in Canada for the process of the application as long as you renew her visitor status every 6 months.

If I applied from outside, she will not be able to live in Canada in the mean time.

As far as the app Processing location... I tough that for Inland, the complete app is being processed in Vergeville AB. And the out land is Mississauga for the sponsorship part then being transfer to the Canadian visa office in the states for the spouse part.

all she has to do is enter as a visitor and extend her status from within Canada.  You provide proof of funds and travel health insurance.   I "visited" the entire time my application was in process.  I just couldn't work or go to university.    My process took exactly 200 days, or a little over 6 months.   This is longer than a lot of people's because I applied through Quebec and there's another hoop to jump through for that.   An inland application takes at least 8-9 months to get first stage approval and could be even longer til actual PR is granted.


The CIC reps are told to recommend inland cases if the spouse wants to stay in Canada, but for countries that are Visa Waivers (like the US) it doesn't make any sense.  With an inland application, you wife wouldn't be allowed to leave Canada without risking that the entire application is thrown out.   You can imagine things like family emergencies being a huge problem!

You are correct about the visa processing centers.

[canadianwoman]

If I applied from outside, she will not be able to live in Canada in the mean time.

She can 'live' in Canada while the outland application is being processed, but you don't say she is 'living' in Canada, you say she is 'visiting'. Lots of people on the forum have spent the whole time their app was being processed 'visiting' their spouse in Canada.

[angelbrat]

In live in BC, when I first came to Vancouver with my then, 15 year old son, without either PR or a work visa, there was no way they would let my son attend school. Applying for a study permit for him was also a no go, as they required me to pay for the schooling and at 5000 dollars a term, that was way beyond my budget.

I got lucky, I got a job, LMO and work visa within 6 weeks of arriving, thus as soon as I had that work visa, he could start school.

When I applied for PR, my work visa was also due to expire and the time lines overlapped. I was on implied status and during that time the school board allowed my son to still attend school. They did however, inform me, that once I received AIP and an open work permit, that I still needed to prove I was working to allow my son to attend school.

On the other hand, reading the CIC website, if a child is due to start kindergarten, then neither study permits or work permits are needed.

I have no idea what other Provinces are like but Vancouver is really strict about letting kids into the public schooling arena.

[Lisa_trinh]

What was the outcome for this???  i have similar problem atm