Because of Expired PR card, school refuses to process the registration

[candyneko]

So for family reasons my siblings (both minors) had to goto a different school. But the new school refuses to process their registration due to their PR cards being expired. I've shown the school their Confirmation of Permanent Residence (IMM 5292) paper, a letter stating that their PR cards are currently under process of renewal but the government returned the application asking for new photo, and just not long ago we got the mail from CIC saying that they will begin processing my siblings applications of citizenship. Yet none of these were accepted by the school and they insist that they can't do anything until we receive our renewed, valid PR card.

Is it not their legal rights to study just because their pr cards are expired? Is there anything I could do to help resume my siblings education as soon as possible? Are there any alternatives to solve this problem?

My siblings have been stuck in the house not receiving education for a month now. Please help me! :-X

 

[Oki911]

Seeing children (minors anyway) not being "allowed" to go to school, I find right away just wrong.

I found this:
... I am "not allowed to post links" (ugh). Google for this: settlement How do I enrol my child in school
And you should see a link to a page at a site called settlement dot org.
It's about Ontario, but I doubt it's a heck of a whole lot different in other places in Canada.

You said that the IMM 5292 was presented to the school. The site says that document should do. The record of landing IMM 1000 should do as well.
And here is what at least puts my concern at ease:

"It is important to know that all children aged 6-18 can attend school, regardless of their immigration status or the immigration status of their parents. This is outlined in the Education Act, the law that governs public schools in Ontario."

I would find it highly highly disturbing that children that are in Canada, regardless of how or under what conditions, would not be able to go to school. In fact, I would expect that it would simply be *illegal* to not having kids in school. We simply can not have a society where certain children are not getting education, for *ANY* reason at all! This is not a third world country, this is Canada. I can not imagine that anyone would be able get away with keeping their kids out of school.

If the school insists that only a PR-Card would be accepted, then I think that the person of that school is either not informed, or else is (hopefully unknowingly) breaking the rules. That person should know about the education act. The attitude should be "get your kids in school now, and we'll sort out the other stuff after that". Not like "oh, but we can not allow your child into school, because we don't trust that you are legal".
See, even if the parents/family/children aren't here legally, *while* that is being sorted out, those children must in the meantime be in school. If it means that someone has to leave the country, that is a matter if and when that happens. But in the meantime, the assumption must be that things will be ok. Imagine sloppy paperwork of parents meaning that their children would dodge education because of it. Unacceptable, and I think the education act reflects that. Imagine people that have personal problems (eg. religious, cultural) with getting their kids education, and simply hiding behind missing paperwork on purpose just to be able to keep their kids out of school without the government forcing their kids to school. Also, unacceptable. All children *must* get their education, period. There are no ways around that. *NO* child can not possibly not go to school under *any* circumstances. Unless you do home schooling, but there are stringent requirements or that also (a curriculum that must be followed).

 

[heeradeepak]

So for family reasons my siblings (both minors) had to goto a different school. But the new school refuses to process their registration due to their PR cards being expired. I've shown the school their Confirmation of Permanent Residence (IMM 5292) paper, a letter stating that their PR cards are currently under process of renewal but the government returned the application asking for new photo, and just not long ago we got the mail from CIC saying that they will begin processing my siblings applications of citizenship. Yet none of these were accepted by the school and they insist that they can't do anything until we receive our renewed, valid PR card.

Is it not their legal rights to study just because their pr cards are expired? Is there anything I could do to help resume my siblings education as soon as possible? Are there any alternatives to solve this problem?

My siblings have been stuck in the house not receiving education for a month now. Please help me! :-X

No schools should not refuse registration because of expired PR. if someone is refusing and you have proofs it could be a big problem for that employee.

 

[Buletruck]

Permanent Residence status does not "Expire"! Only the cards do. Whether the card is current or not, and you are living within Canada, you are a permanent resident until CIC says otherwise. Go back and B****slap someone at the school!

 

[candyneko]

Thank you all so much for the reply!

I probably should have mentioned this. My siblings are in Taiwan (been there a month now) and they tried to register for a public school in BC that offers online schooling. (Although I personally think where they are shouldn't make a different since they are both legit permanent residents and have even met the requirements to become Canadian citizens.)

Seeing children (minors anyway) not being "allowed" to go to school, I find right away just wrong.

I found this:
... I am "not allowed to post links" (ugh). Google for this: settlement How do I enrol my child in school
And you should see a link to a page at a site called settlement dot org.
It's about Ontario, but I doubt it's a heck of a whole lot different in other places in Canada.

You said that the IMM 5292 was presented to the school. The site says that document should do. The record of landing IMM 1000 should do as well.
And here is what at least puts my concern at ease:

"It is important to know that all children aged 6-18 can attend school, regardless of their immigration status or the immigration status of their parents. This is outlined in the Education Act, the law that governs public schools in Ontario."

Thanks for the info! I looked up the BC website and it states "When you enrol your child at school, you will need to show official documents with your child’s date of birth, your resident status in British Columbia, and the address where you live. You will also need to show your child’s immunization record. This is a paper that lists the vaccinations against diseases that your child has received." Sadly it doesn't specify the documents like the Ontario one. I think the school has trouble recognizing that IMM5292 should prove resident status just as well as a valid PR card.

I looked up School Act of BC and found these:

Access to educational program

Subject to section 74.1, a person may enroll in an educational program provided by a board of a school district and attend any school in British Columbia if
✔(a) the person is of school age,
✔(b) the person is resident in British Columbia, and
? (c) the board providing the educational program determines that space and facilities are available for the person at the school in which the educational program is made available.
(The vice principal never said there's no space available)

Entry to educational program
3 (1) Subject to subsections (2) and (3), a person who is resident in British Columbia must

(a) enroll in an educational program
(i) provided by a board,
(ii) in the case of an eligible child, provided by a board or a francophone education authority, and
(iii) in the case of an immigrant child, provided by a board or, if the child is permitted to enroll with a francophone education authority under section 166.24, provided by that francophone education authority,
on the first school day of a school year if, on or before December 31 of that school year, the person will have reached the age of 5 years, and
(b) participate in an educational program provided by a board or, in the case of an eligible child or an immigrant child, by a board or a francophone education authority until he or she reaches the age of 16 years.


Home education
12 A parent of a child who is required to enroll in an educational program under section 3

(a) may educate the child at home or elsewhere (in this case, Taiwan) in accordance with this Division, and
(b) must provide that child with an educational program.

Registration
13 (1) A parent of a child who is required under section 12 to provide the child with an educational program must register the child on or before September 30 in each year with

✔(a) a school of the parent's choice that is operating in British Columbia,
(b) [Repealed 2006-21-8.]
(c) an independent school operating in British Columbia.

(2) If, in accordance with subsection (1), a parent is entitled to register his or her child with a school or, in the case of an eligible child or immigrant child, with a francophone school,
(a) the board that has jurisdiction over the school must ensure that the principal, vice principal or director of instruction responsible for that school registers the child

Not sure if I misunderstood anything but from what I've read my siblings have no reasons to be rejected.

For now I am trying to look for an official website that states IMM5292 proves one's resident status, so I can fur sure "Go back and B****slap someone at the school!" XD

Please leave me a link or google search if you find one!!

 

[Oki911]

After pointing out to them that under no circumstances can they refuse the students from being enrolled, and *IF* they still give you a hard time, I would work your way up. Perhaps all that you're dealing with here, is an ignorant person working in the administration where you enter when you visit the school. I wouldn't get mad, upset, or angry, just kindly point out that you think that a mistake is made, and that you're really concerned that the students aren't in class right now. Then ask to speak to the principal of the school, and insist that you must talk to him or her, because this is a matter of grave concern. You can not be simply shoved or shrugged off. *THEN*, if the principal also refuses to ok the enrollment, then I would locate your local "Member of Parliament". I've recently discovered that each MP office often has so much work that they have at least one assistant working there. They apparently deal an awful lot with immigration issues. It's not just political campaigning that they do. They directly interface with the local populations and deal with problems. But I doubt that the one person up from that front desk administration person, will not already make it all much better. The vice-principal would do also.
In the meantime, every single day those kids are not in school, feels to me very bad and breaks the rules. There is a reason why in the developed world we do not have any uneducated children.

 

[zardoz]

Thank you all so much for the reply!

I probably should have mentioned this. My siblings are in Taiwan (been there a month now) and they tried to register for a public school in BC that offers online schooling. (Although I personally think where they are shouldn't make a different since they are both legit permanent residents and have even met the requirements to become Canadian citizens.)

Thanks for the info! I looked up the BC website and it states "When you enrol your child at school, you will need to show official documents with your child’s date of birth, your resident status in British Columbia, and the address where you live. You will also need to show your child’s immunization record. This is a paper that lists the vaccinations against diseases that your child has received." Sadly it doesn't specify the documents like the Ontario one. I think the school has trouble recognizing that IMM5292 should prove resident status just as well as a valid PR card.

I looked up School Act of BC and found these:

Access to educational program

Subject to section 74.1, a person may enroll in an educational program provided by a board of a school district and attend any school in British Columbia if
✔(a) the person is of school age,
✔(b) the person is resident in British Columbia, and
? (c) the board providing the educational program determines that space and facilities are available for the person at the school in which the educational program is made available.
(The vice principal never said there's no space available)

Entry to educational program
3 (1) Subject to subsections (2) and (3), a person who is resident in British Columbia must

(a) enroll in an educational program
(i) provided by a board,
(ii) in the case of an eligible child, provided by a board or a francophone education authority, and
(iii) in the case of an immigrant child, provided by a board or, if the child is permitted to enroll with a francophone education authority under section 166.24, provided by that francophone education authority,
on the first school day of a school year if, on or before December 31 of that school year, the person will have reached the age of 5 years, and
(b) participate in an educational program provided by a board or, in the case of an eligible child or an immigrant child, by a board or a francophone education authority until he or she reaches the age of 16 years.


Home education
12 A parent of a child who is required to enroll in an educational program under section 3

(a) may educate the child at home or elsewhere (in this case, Taiwan) in accordance with this Division, and
(b) must provide that child with an educational program.

Registration
13 (1) A parent of a child who is required under section 12 to provide the child with an educational program must register the child on or before September 30 in each year with

✔(a) a school of the parent's choice that is operating in British Columbia,
(b) [Repealed 2006-21-8.]
(c) an independent school operating in British Columbia.

(2) If, in accordance with subsection (1), a parent is entitled to register his or her child with a school or, in the case of an eligible child or immigrant child, with a francophone school,
(a) the board that has jurisdiction over the school must ensure that the principal, vice principal or director of instruction responsible for that school registers the child

Not sure if I misunderstood anything but from what I've read my siblings have no reasons to be rejected.

For now I am trying to look for an official website that states IMM5292 proves one's resident status, so I can fur sure "Go back and B****slap someone at the school!" XD

Please leave me a link or google search if you find one!!

Why do you tick "(b) the person is resident in British Columbia, and" when they are "in Taiwan"?

 

[keesio]

I probably should have mentioned this. My siblings are in Taiwan (been there a month now) and they tried to register for a public school in BC that offers online schooling. (Although I personally think where they are shouldn't make a different since they are both legit permanent residents and have even met the requirements to become Canadian citizens.)

Ok, so this is the root of the issue. Are they planning on staying in Taiwan for awhile? Are they going to be in Taiwan for the whole semester?

 

[candyneko]

Why do you tick "(b) the person is resident in British Columbia, and" when they are "in Taiwan"?

I was little concerned bout that too when I read the line. So I looked up the definition of resident on BC siit , it states

Residents
...A resident is a person who meets all of the following conditions:

✔must be a citizen of Canada or be lawfully admitted to Canada for permanent residence;
✔must make his or her home in B.C.; and
✔must be physically present in B.C. at least six months in a calendar year, or a shorter prescribed period.*

*Note: Effective January 1, 2013, eligible B.C. residents (citizens of Canada or persons who are lawfully admitted to Canada for permanent residence) who are outside B.C. for vacation purposes only, are allowed a total absence of up to seven months in a calendar year.

That's why I concluded that my siblings being in Taiwan shouldn't matter. :-X

 

[candyneko]

Ok, so this is the root of the issue. Are they planning on staying in Taiwan for awhile? Are they going to be in Taiwan for the whole semester?

Frankly we don't know yet. My dad is quite a random person when it comes to plans >.> He kinda just popped up on Xmas and said YA KIDS COMING BACK TO TAIWAN WITH ME.
They probably would stay in Taiwan till this summer at least. So yeah a whole semester :/

The school says that a letter from CIC stating that the applications of pr card renewal is in process will help resume the school registration.

Do you happen to know the most direct way to inquire such a mail from CIC?

Thank you all again for the help, really appreciate it !!

 

[candyneko]

After pointing out to them that under no circumstances can they refuse the students from being enrolled, and *IF* they still give you a hard time, I would work your way up. Perhaps all that you're dealing with here, is an ignorant person working in the administration where you enter when you visit the school. I wouldn't get mad, upset, or angry, just kindly point out that you think that a mistake is made, and that you're really concerned that the students aren't in class right now. Then ask to speak to the principal of the school, and insist that you must talk to him or her, because this is a matter of grave concern. You can not be simply shoved or shrugged off. *THEN*, if the principal also refuses to ok the enrollment, then I would locate your local "Member of Parliament". I've recently discovered that each MP office often has so much work that they have at least one assistant working there. They apparently deal an awful lot with immigration issues. It's not just political campaigning that they do. They directly interface with the local populations and deal with problems. But I doubt that the one person up from that front desk administration person, will not already make it all much better. The vice-principal would do also.
In the meantime, every single day those kids are not in school, feels to me very bad and breaks the rules. There is a reason why in the developed world we do not have any uneducated children.

It is indeed the PRINCIPLE and the vice principle that are giving us the hard time.......
I have asked at least 5 times politely, via mail, that I'd like to schedule a meeting with either of them, or a school counselor, to discuss about alternatives to help resume my siblings' education, but somehow they wouldn't do it. I really don't want to drive for one and half hour to their school and they be like oops can't talk to you today too busy sorry...

I contacted the superintendent of the school district and somehow she consulted the school's principle instead of making her own judgement. Now the superintendent is saying I need to get the new PR card too if not a letter stating CIC has begun processing the application, which I am not too sure how to acquire >.>

I felt very helpless, almost felt bullied to be honest. -inferiority complexity-

 

[steaky]

I contacted the superintendent of the school district and somehow she consulted the school's principle instead of making her own judgement. Now the superintendent is saying I need to get the new PR card too if not a letter stating CIC has begun processing the application, which I am not too sure how to acquire >.>

Contact CIC by phone and ask them how to get the letter. They need to confirm their immigration status before they can register school.