Please Help Daughter out of status

[hina767]

Hello

My friends Daughter is out of status and living in Canada with her she is a US Citizen
She is going to go to University now she was able to study till high school
Now she would have to take admission in University can she get a student Visa how will she be able to get in the university

 

[21Goose]

Her chances of getting a study permit are very small since she has been overstaying in Canada. She should make plans to go to school in the US.

I suppose there may be a case for a H&C application since I presume the kid didn't make her own decision in the matter - her parents are responsible. You should talk to a lawyer and see what options are available.

 

[canuck78]

Hello

My friends Daughter is out of status and living in Canada with her she is a US Citizen
She is going to go to University now she was able to study till high school
Now she would have to take admission in University can she get a student Visa how will she be able to get in the university

She also should needed to pay international tuition and get a study permit to study in Canada.

Where are her parents? Are they also living illegally in Canada? Her application will certainly remind CIC that her family is living without status in Canada and where they are located. She should really return to the US. Assume her parents are not US citizens.

 

[hina767]

Her parents are Canadian citizen will that make a difference for her to get a study permit in Canada and secondly she has nobody in USA she can live with

 

[Jnicole45]

Her parents are Canadian citizen will that make a difference for her to get a study permit in Canada and secondly she has nobody in USA she can live with

Were her parents Canadian citizens when she was born, or did they naturalize afterwards?

 

[zardoz]

Her parents are Canadian citizen will that make a difference for her to get a study permit in Canada and secondly she has nobody in USA she can live with

If she is out of status and her parents are now Canadian citizens, it will actually make her life more difficult. The chances of obtaining a TRV/Study Permit are much lower, as her ties to Canada are stronger, and there is no realistic chance of her leaving Canada at the end of her study permit period.

 

[bdidol]

Something doesn't add up...if the parents are Canadian citizen, why the daughter is out of status?

 

[zardoz]

Something doesn't add up...if the parents are Canadian citizen, why the daughter is out of status?

They may have been Canadian by descent or naturalized after she was born... A number of possibilities exist.

 

[bdidol]

They may have been Canadian by descent or naturalized after she was born... A number of possibilities exist.

For first case, the daughter will be the citizen with them?

For second case, they are going to sponsor them?

 

[Jnicole45]

For first case, the daughter will be the citizen with them?

For second case, they are going to sponsor them?

If the first case is true, then yes, she's a citizen too, no issues (even if she was born in the US, which I suspect she was if she has US citizenship).

But for the second case, there's the question of why they didn't apply for their daughter's permanent residence prior to now? They would know it was necessary (having gone through it themselves), so why wait until now to deal with it.

@hina767 we need all the details to be able to help. Were her parents citizens when she was born? Where was she born? Did she ever become a Canadian permanent resident? How does her parent know she's out of status?

 

[zardoz]

For first case, the daughter will be the citizen with them?

For second case, they are going to sponsor them?

For the first case, not necessarily.

 

[hina767]

Her mother became Canadian Citizen after she was born she was born in usa but her mother married another man and moved to Canada she could not add her daughter in the application because her other husband didn’t let her now the girl’s father didnt wanted to keep her and send her to the mother and the mother had to keep her child now she is worried about her education in university with how can she make her to continue study in Canada

 

[canuck78]

Her mother became Canadian Citizen after she was born she was born in usa but her mother married another man and moved to Canada she could not add her daughter in the application because her other husband didn’t let her now the girl’s father didnt wanted to keep her and send her to the mother and the mother had to keep her child now she is worried about her education in university with how can she make her to continue study in Canada

She had to sponsor her when the mother was sponsored. She is going into university so she can go in the US but me be refused entry into Canada the next time because she overstayed.

 

[zardoz]

Her mother became Canadian Citizen after she was born she was born in usa but her mother married another man and moved to Canada she could not add her daughter in the application because her other husband didn’t let her now the girl’s father didnt wanted to keep her and send her to the mother and the mother had to keep her child now she is worried about her education in university with how can she make her to continue study in Canada

Did IRCC (or CIC) actually allow the child to be removed from the mother's application for PR?

If yes, she can't sponsor the child for PR because she would have signed a document acknowledging that fact.
If no, there was misrepresentation and she can never sponsor the child because of IRPR 117 (9) (d).

Either way there is probably no way forward via Family Class Sponsorship.

I say "probably" not "definitely" because of http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1487&top=14 The Pilot Project might be applicable.

 

[hina767]

So she can apply through pilot project will there be a problem for her Citizenship