6 year old child has had invalid status in Canada. Problem to EE application?

[samanta60]

Hi,
I have realized that my 6 year old son has been allowed to stay as dependent family member in Canada with me only for the first year of my temporary work permit. This means his status since March (when my one year work permit expired and was renewed) he has been out of status in canada. He is a US citizen.

I am going to apply under Express Entry soon.

My question to the forum members who have already applied for Express Entry is: is there anywhere in the PR application that asks if my child has been in Canada with an invalid status?

I am trying to figure out if this is going to cause our PR application to be rejected!!

Please advise if you know, it will be a great help.
Thanks.

 

[samanta60]

Hi,
I have realized that my 6 year old son has been allowed to stay as dependent family member in Canada with me only for the first year of my temporary work permit. This means his status since March (when my one year work permit expired and was renewed) he has been out of status in canada. He is a US citizen.

I am going to apply under Express Entry soon.

My question to the forum members who have already applied for Express Entry is: is there anywhere in the PR application that asks if my child has been in Canada with an invalid status?

I am trying to figure out if this is going to cause our PR application to be rejected!!

Please advise if you know, it will be a great help.
Thanks.

Anybody can give a hint if in PR application they ask about children if they stayed on invalid status in Canada?

 

[kryt0n]

That is one for a lawyer, dude. Sorry

 

[ButterflyChemist]

Hi,
I have realized that my 6 year old son has been allowed to stay as dependent family member in Canada with me only for the first year of my temporary work permit. This means his status since March (when my one year work permit expired and was renewed) he has been out of status in canada. He is a US citizen.

I am going to apply under Express Entry soon.

My question to the forum members who have already applied for Express Entry is: is there anywhere in the PR application that asks if my child has been in Canada with an invalid status?

I am trying to figure out if this is going to cause our PR application to be rejected!!

Please advise if you know, it will be a great help.
Thanks.

They don't ask anything about kids except medicals, photo, passport and birth certificate. However I'm sure cic will be able to tell that your child is out of status. My suggestion would be to apply for the child's visitor/student status and explain that you forgot to update the child's status when you applied for your work permit extension. The longer the situation persists the worse it becomes. Rectify it now

 

[jes_ON]

I have realized that my 6 year old son has been allowed to stay as dependent family member in Canada with me only for the first year of my temporary work permit. This means his status since March (when my one year work permit expired and was renewed) he has been out of status in canada. He is a US citizen.

I am going to apply under Express Entry soon.

My question to the forum members who have already applied for Express Entry is: is there anywhere in the PR application that asks if my child has been in Canada with an invalid status?

I am trying to figure out if this is going to cause our PR application to be rejected!!

Read this, and I suggest calling CIC before panicking.
http://www.cic.gc.ca/english/study/minors-documents.asp

You've maintained your valid status, that's the main thing. As already stated, just take care of whatever paperwork (if any) you need for your son.

 

[GoHaPPyCaN]

If this may help you :
On CIC website it says (sorry I can't copy the link): in some case minor children don't need a study permit if they are already in Canada with a parent who have a work or study permit.

 

[ButterflyChemist]

If this may help you :
On CIC website it says (sorry I can't copy the link): in some case minor children don't need a study permit if they are already in Canada with a parent who have a work or study permit.

This study permit is not the issue. The issue is the child was authorised to stay in Canada for a year and that time has lapsed and was not extended.. whether he stays on a study permit or as a visitor is a matter of choice for the parent but right now the child does not have legal status.

 

[jes_ON]

This study permit is not the issue. The issue is the child was authorised to stay in Canada for a year and that time has lapsed and was not extended.. whether he stays on a study permit or as a visitor is a matter of choice for the parent but right now the child does not have legal status.

The child is from a visa-exempt country, and is 6 years old - mandatory school attendance. So yes, the study permit IS a relevant question. In this case, the study permit is not required IF the visitor status is valid.

US citizens get an automatic 6 months as visitors every time they enter Canada. The OP did not mention any border crossing, so it is unclear whether the child is actually out of status.

The OP's best option is to simply call IRCC and find out what, if anything she needs to do to ensure her son's status in Canada is valid. Unfortunately, call agents are not always reliable - crossing the border and re-entering would give the opportunity to speak with an immigration officer and extend her son's status.

 

[samanta60]

Thanks every one.
Does anyone know what happens in case I take him out of Canada and come back. Then as a US citizen he will be able to re-enter and be a valid visitor for 6 months? If so does this actually solve the problem for 6 months? By then I expect to have applied and receive PR.

I am worried how this would affect my PR application.

 

[samanta60]

Does anyone know what do the officer do if when leaving Canada in the airport they find out that someone (a minor child actually) has been out of status for a while? and if that can make any permanent issue?

 

[samanta60]

I just noticed that there is no single stamp on my son's passport that could show the dates that he entered or left Canada (but my passport has all the enter/exit dates stamped). Why is this?

Does it mean that due to this the officer will not (or is not supposed to) notice that he is out of status when he is leaving the country? Can I then use his visa exempt passport to re-enter as a visitor.
Is it legal to do so and after that apply online to get him a study/visitor permit? This seems to mean "changing" his status from non to visitor without even letting the officer know, which I don't know if it's legal?

I would really appreciate any help.

 

[Tocanadawego]

In your case I would probably try to talk to an immigration lawyer to get guidance on these questions - I am afraid the forum might not be a very reliable source of info when it comes to such specific issues.
Also, why don't you try to schedule an appointment with an IRCC office near you and let them help you figure it out. Seems less risky than taking your kid outside of Canada and then not being able to bring him back in.

 

[samanta60]

In your case I would probably try to talk to an immigration lawyer to get guidance on these questions - I am afraid the forum might not be a very reliable source of info when it comes to such specific issues.
Also, why don't you try to schedule an appointment with an IRCC office near you and let them help you figure it out. Seems less risky than taking your kid outside of Canada and then not being able to bring him back in.

Thank a lot for the very helpful reply. I didn't know that it is possible to book an appointment with an IRCC office in my city for such issues.
Do you think they can make actions on it like putting his name on my renewed work permit too?

I will try it out tomorrow morning! I appreciate your advice

 

[Tocanadawego]

Thank a lot for the very helpful reply. I didn't know that it is possible to book an appointment with an IRCC office in my city for such issues.
Do you think they can make actions on it like putting his name on my renewed work permit too?

I will try it out tomorrow morning! I appreciate your advice

I really have no idea whether they would be able/willing to help with your particular issues. I don't know their scope of work. But if I were in your shoes, I would at least try to contact them and see what they say. It can't hurt, right?

 

[samanta60]

I really have no idea whether they would be able/willing to help with your particular issues. I don't know their scope of work. But if I were in your shoes, I would at least try to contact them and see what they say. It can't hurt, right?

I agree. We are now planing to do so tomorrow morning. I am definitely going to be honest with CIC anyways and I would like to talk to them as soon as possible now that I have realized this issue. Specially because this issue has happened due to misunderstanding/not-being-aware and not abuse of the system. Obviously there was nothing to gain for me by putting my son in this situation and I am sure they will think the same way.

I also tried to call CIC today for about an hour but their call agents seem to be way too busy.

Thanks again!