Guardianship and studying in Vancouver

[Bighead]

I am a Canadian Citizen and my wife is a Japanese Citizen. My daughter was born in Japan and has a Canadian Passport. We live in Japan and would like to send our daughter to live with my brother (her Uncle) in Vancouver, BC for a year. This is so my daughter can get to know her relatives in Canada better. Of course we will be visiting her two or three times during the year. While my daughter is in Vancouver she will be attending the local elementary school. I will have my brother become her Guardian since my wife and I will be staying in Japan and working. Do you think this is possible? Will I have to pay International School Fees for my daughter even though she has her Canadian Citizenship? Her uncle is also a Canadian Citizen and married to a Canadian Citizen if that makes any difference.

Thanks for any information or advice

 

[steaky]

I am a Canadian Citizen and my wife is a Japanese Citizen. My daughter was born in Japan and has a Canadian Passport. We live in Japan and would like to send our daughter to live with my brother (her Uncle) in Vancouver, BC for a year. This is so my daughter can get to know her relatives in Canada better. Of course we will be visiting her two or three times during the year. While my daughter is in Vancouver she will be attending the local elementary school. I will have my brother become her Guardian since my wife and I will be staying in Japan and working. Do you think this is possible? Will I have to pay International School Fees for my daughter even though she has her Canadian Citizenship? Her uncle is also a Canadian Citizen and married to a Canadian Citizen if that makes any difference.

Thanks for any information or advice

Wrong forum.

 

[YVR123]

I am a Canadian Citizen and my wife is a Japanese Citizen. My daughter was born in Japan and has a Canadian Passport. We live in Japan and would like to send our daughter to live with my brother (her Uncle) in Vancouver, BC for a year. This is so my daughter can get to know her relatives in Canada better. Of course we will be visiting her two or three times during the year. While my daughter is in Vancouver she will be attending the local elementary school. I will have my brother become her Guardian since my wife and I will be staying in Japan and working. Do you think this is possible? Will I have to pay International School Fees for my daughter even though she has her Canadian Citizenship? Her uncle is also a Canadian Citizen and married to a Canadian Citizen if that makes any difference.

Thanks for any information or advice

Ask her Uncle to check with the school board where he lives. In theory, she shouldn't need to pay internation student titution. But it's better to check with the local school board to see if and how she can be admitted.

And this may be a more suitable section for this question since it has nothing to do with "family sponsorship". (to sponsor family to become PR)

https://www.canadavisa.com/canada-immigration-discussion-board/forums/education.41/

 

[canuck78]

I am a Canadian Citizen and my wife is a Japanese Citizen. My daughter was born in Japan and has a Canadian Passport. We live in Japan and would like to send our daughter to live with my brother (her Uncle) in Vancouver, BC for a year. This is so my daughter can get to know her relatives in Canada better. Of course we will be visiting her two or three times during the year. While my daughter is in Vancouver she will be attending the local elementary school. I will have my brother become her Guardian since my wife and I will be staying in Japan and working. Do you think this is possible? Will I have to pay International School Fees for my daughter even though she has her Canadian Citizenship? Her uncle is also a Canadian Citizen and married to a Canadian Citizen if that makes any difference.

Thanks for any information or advice

You shouldn’t have to pay international tuition but your child’s presence in Canada will likely make you a tax resident of Canada. If she is using services in Canada would only make sense.

 

[scylla]

It will take a court order to appoint your brother as guardian. The Family Law Act governs.

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/11025_04#section50

Agreements respecting guardianship
50 A person cannot become a child's guardian by agreement except
(a)if the person is the child's parent, or
(b)as provided under this Division, the Adoption Act or the Child, Family and Community Service Act.
Orders respecting guardianship
51 (1)On application, a court may
(a)appoint a person as a child's guardian, or
(b)except in the case of a director who is a child's guardian under the Adoption Act or the Child, Family and Community Service Act, terminate a person's guardianship of a child.
(2)An applicant under subsection (1) (a) of this section must provide evidence to the court, in accordance with the Supreme Court Family Rules or the Provincial Court Family Rules, respecting the best interests of the child as described in section 37 [best interests of child] of this Act.
(3)Subsection (2) of this section applies regardless of whether there is consent to the application under section 219 [persons may consent to order being made].
(4)If a child is 12 years of age or older, a court must not appoint a person other than a parent as the child's guardian without the child's written approval, unless satisfied that the appointment is in the best interests of the child.

No, it will not require a court order.

Read the "When a custodian is required" section:

https://www.canada.ca/en/immigratio...udy-permits/guidelines-on-minor-children.html

 

[canuck78]

I am a Canadian Citizen and my wife is a Japanese Citizen. My daughter was born in Japan and has a Canadian Passport. We live in Japan and would like to send our daughter to live with my brother (her Uncle) in Vancouver, BC for a year. This is so my daughter can get to know her relatives in Canada better. Of course we will be visiting her two or three times during the year. While my daughter is in Vancouver she will be attending the local elementary school. I will have my brother become her Guardian since my wife and I will be staying in Japan and working. Do you think this is possible? Will I have to pay International School Fees for my daughter even though she has her Canadian Citizenship? Her uncle is also a Canadian Citizen and married to a Canadian Citizen if that makes any difference.

Thanks for any information or advice

Would add that going to live in another country with family members as an elementary student can be quite damaging to a child. Would really suggest waiting until your child is older before considering sending her to Canada for a year. Getting to know family member can be done by spending the summer vacation with family for a month or so. Being away from your parents, a change of environment, a new school, etc. can be quite difficult psychologically for such a young child. There may also be other international students in high school where as in elementary school it is very unusual for you to have a classmate coming to Canada for a year without their parents.

 

[Bighead]

Thank you everyone for your replies. I have read them carefully and still considering my options. My two options so far are one, have my brother become her Guardian. Two, enter a private school. I have contacted a few immigration consultants/lawyers by email about guardianship. Unfortunately, no one has replied. I`ll try calling them in a few days. Thank you also for the concerns about my daughter staying in Vancouver. We have been visiting Vancouver every year for a month or two since my daughter was 1 year old. She even attended kindergarten there. Back then we walked to the local school and met with the principal. Kindergarten was free for all Canadian Citizen, even if their parents did not reside in Vancouver. My wife stayed with my parents while I returned to Japan to continue working. (Yes, we contacted her previous Elementary School about her returning. Was told to contact the VSB). We stopped visiting since covid and will hopefully visit again this coming summer.

Thanks for your information and advice