Temporary work permit and dependent children
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Author Topic: Temporary work permit and dependent children  (Read 18582 times)
silver_lining
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« on: March 02, 2011, 02:33:35 am »

Hi

I am going to apply for my temporary work permit with an LMO for Alberta. I am a single mom. Can I take my two kids with me to Canada. Or will that be an issue with the authorities?
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rjessome
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« Reply #1 on: March 02, 2011, 03:05:32 am »

Hi

I am going to apply for my temporary work permit with an LMO for Alberta. I am a single mom. Can I take my two kids with me to Canada. Or will that be an issue with the authorities?

Is it a skilled position?  Supervisory or management?
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Leon
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« Reply #2 on: March 02, 2011, 04:23:22 am »

Depends on your visa.  You can apply for TRV's for your kids.  If you are working in a skilled position, they may live with you and go to school in Canada.  If you are low-skilled, they may be allowed to visit but as a low skilled worker, it is not your right to bring your family to Canada to live with you.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
silver_lining
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« Reply #3 on: March 02, 2011, 08:59:37 am »

Hi

Thanks for the responses.

It is a semi-skilled position as a F&B Server. Please do let me know.

Thanks
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Leon
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« Reply #4 on: March 02, 2011, 09:46:09 am »

Looking at the manuals, I found this:

Applications from spouses/dependent childrenFW 1 Temporary Foreign Worker Guidelines
Applicants may wish to have their spouses and dependent children accompany them to Canada.. In these cases, the officer should consider the applications as a single unit, rather than assessing each separate from the others.
 
The applicant's spouse is not eligible for an open work permit and requires an LMO if applying for a work permit. Also, as temporary residents, any children may be required to pay international student rates to attend school. These costs, as well as the cost of travel to Canada, health coverage and family accommodations, may have to be borne by the applicant since the employer, under the LSP, is obliged to provide these only for the applicant. The onus is on the applicant to demonstrate to the officer that they are capable of meeting these expenses.


So you can include them when you apply for yourself and you will be processed as a unit.  I am not sure about international school fees.  I have never heard about any school fees for kids of temporary foreign workers until they go to university.  As for health care, I have been under the impression that the family of TFW's are generally covered under health care as well, at least in AB but maybe some provinces don't do it.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
rjessome
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« Reply #5 on: March 02, 2011, 09:58:59 am »

Looking at the manuals, I found this:
 

So you can include them when you apply for yourself and you will be processed as a unit.  I am not sure about international school fees.  I have never heard about any school fees for kids of temporary foreign workers until they go to university.  As for health care, I have been under the impression that the family of TFW's are generally covered under health care as well, at least in AB but maybe some provinces don't do it.

This position is skill level C and chances of her being approved with the children are very, very slim.  Only children of workers in skill levels 0, A or B are able to study in primary and secondary school (pre-college and university) without paying international school fees and without study permits.  She would have to pay for her children to attend school in Canada and they would also need study permits.
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silver_lining
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« Reply #6 on: March 02, 2011, 10:57:22 am »

Thanks for your replies. My kids are only 8 years and 4 months, so really too young. I can support their education. If I apply together as a unit will my visa get rejected? I have my LMO in hand.
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rjessome
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« Reply #7 on: March 02, 2011, 11:03:51 am »

Thanks for your replies. My kids are only 8 years and 4 months, so really too young. I can support their education. If I apply together as a unit will my visa get rejected? I have my LMO in hand.


I suppose it's possible if you have significant financial means to pay for school, childcare, rent, etc.  Does your employer know you are planning to come with both of your children?
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Leon
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« Reply #8 on: March 02, 2011, 11:08:16 am »

Number 1 you have to prove that you will not overstay.  Would you go to Canada without your children?  If the answer is yes, you can apply first by yourself and once you are in Canada, you can look into if you have to pay tuition for elementary school and how much the daycare would cost for the younger one and then apply for their TRV which could be refused.  If the answer is no, that you would not go without them, then you should apply for the 3 of you together now.

I have never actually heard of anyone who had to pay tuition for elementary.  Even Canadians who have had children of relatives come "visit" them over a school year have enrolled them in a local school and not had to pay any fees.  The only case I have heard where people had problems enrolling their child in school was a family where both parents were on visitor status and they were not offered or asked to pay tuition but plainly told that their child did not qualify to be enrolled in school because of their status.  

The 8 year old would not need a study permit, see http://www.cic.gc.ca/english/study/study-minors.asp where it says:
Quote
Exceptions: Studying without a study permit

In some cases, minor children do not need a study permit to study in Canada. These cases include:

minor children attending kindergarten;
minor children who are refugees or refugee claimants, or whose parents are refugees or refugee claimants; and
minor children who are already in Canada with parents who are allowed to work or study in Canada, and who want to attend pre-school, primary or secondary school.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
silver_lining
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« Reply #9 on: March 02, 2011, 11:39:06 am »

Thank you
I definitely do want to take them with me.
If I apply for their visas with me, will I get rejected?
If I can prove that I will return, will they be satisfied?  I have my parents here so I have to return.
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Leon
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« Reply #10 on: March 02, 2011, 11:43:54 am »

Nobody can say for sure that you will or will not get rejected.  It can depend on how difficult your embassy is and how well you can prove that you will return.  As the first quote I posted shows that the visa officer it supposed to look at the family unit and not individuals, it is most likely that if your children are denied a TRV, then you will too.  If you apply alone, they might see your leaving your children behind as stronger proof that you will return and not overstay.  This could however mean that once you are in Canada and want to apply for the TRV for the children that they could be refused.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
rjessome
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« Reply #11 on: March 02, 2011, 01:23:03 pm »


The 8 year old would not need a study permit, see http://www.cic.gc.ca/english/study/study-minors.asp where it says:

YES they would.  See OP Manual 12, page 9:

http://www.cic.gc.ca/english/resources/manuals/op/op12-eng.pdf

The study permit exemption for minors pursuant to A30(2) applies only when a minor child is inCanada. Therefore, visa offices processing minor children outside Canada who want to study in Canada should process them as students and not as visitors, even when accompanying a parent who is authorized to either work or study in Canada. In other words, a study permit would be
required, unless they were exempt from requiring one pursuant to R188. Applicants failing to show their intention to study would be a misinterpretation of A30(2).


The exceptions would be if the OP met the requirements of A30(2) which states that the child can study only if they already IN Canada, or meet the conditions of R188(1)(a)(b) & (c) (children of diplomats, children of visiting armed forces, or the course/program is less than 6 months in duration).
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Leon
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« Reply #12 on: March 02, 2011, 01:26:38 pm »

Interesting.  Most of the TFW I have known have been visa exempt and as far as I know, none of them applied for a study permit for their children.  One of them actually came to Canada before his family came and he was asking around if they might need a study permit.  I phoned the call centre for him and was told that they would not need it since he was on a work permit so he never applied for one.  They were still enrolled in school without any problems.

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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
rjessome
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« Reply #13 on: March 02, 2011, 01:33:15 pm »

Interesting.  Most of the TFW I have known have been visa exempt and as far as I know, none of them applied for a study permit for their children.  One of them actually came to Canada before his family came and he was asking around if they might need a study permit.  I phoned the call centre for him and was told that they would not need it since he was on a work permit so he never applied for one.  They were still enrolled in school without any problems.



Yeah, that's because they were visa exempt so the kids didn't need a visa to get here.  So once the kids are here, they meet the requirements of A30(2) so no study permit necessary.  It doesn't work that way for non-visa exempt people since they require a TRV.
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Leon
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« Reply #14 on: March 02, 2011, 01:47:14 pm »

And how about these tuition fees in elementary schools.  I have never known anybody who had to pay those.  Do you know how high they are?
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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