Dual Intent and dependant children

[marcopolocan]

Hi everyone,

I've read considerable amount of dual intent posts on the forum but I have a slightly different issue which I have not been able to get clarification on. It is as follows:

I have applied for PR for my common-law partner and dependant children. They are holding passports from a visa exempt country, I have applied Outland. I would like to be in Canada by the start of school semester in Feb 2013. I have checked with the school and they will accept them as long as CIC issue a study permit.

My question is that if it was just my partner it should be relatively straight forward (just visiting, no work and will have ties to the resident country). However, asking the VO for study permits for the children may make life more complicated at the border?

Has anyone had experience with a similar situation?
Cheers

 

[Leon]

Here is the section on study permit for minors: http://www.cic.gc.ca/english/study/study-minors.asp

It says:

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.

Now, if the children were to come visit you, once they are in Canada, as far as I can see, they fall under the last paragraph and do not need a study permit.

If it turns out that they do need a study permit, you would have to apply for it at the visa office responsible for their homeland. I can find no reference to visa except visitors being able to apply at the border on entry.

There is also some info about this here: http://www.cic.gc.ca/english/study/minors-documents.asp but there it does not mention the possibility of a child who is a foreign national accompanying a PR or citizen parent.

 

[marcopolocan]

Thanks Leon,

Thank you very much for your detailed response. I'll have a look at the information more closely. I do however see a slight problem. I am sponsoring the children and they are like my own but they are legally in my partners custody and therefore in her care? She is not a PR or citizen as yet and therefore not able to work or study.

From an immigration standpoint its a technicality but one I suppose they could argue. One I suppose I could counter argue that I am sposoring them for PR and therefore, they are my dependants as well (legally from a financial point of view).
Also If I were to get a study permit for the children from the VO, I have read that the border officer can still decline the permit and immediately notify the VO of the decision.

I'm sure it is possible but I'm not sure how at this stage. Any more thoughts?
Cheers

 

[Leon]

If they are not your biological children, I guess you might have a problem using that clause and the proper thing to do by the book would be to apply for study permits for them before they arrive.

However, you could try talking to the school again and see if they will accept that clause as a reason not to ask for study permits. Doesn't hurt to try. I know that children under visitor status have been accepted sometimes without study permits. It just seems to depend on the school.

 

[marcopolocan]

Thanks Leon,
I have emailed the registration authority that deals with the out of province registrations and tried to get clarification on the matter from the Board of Education standpoint. I will also email the VO and ask.

IF there are other familes that have attempted the school registration process ahead of receiving their PR, I would really appreaciate hearing from them.
Cheers

 

[scottishmaple]

Thanks Leon,
I have emailed the registration authority that deals with the out of province registrations and tried to get clarification on the matter from the Board of Education standpoint. I will also email the VO and ask.

IF there are other familes that have attempted the school registration process ahead of receiving their PR, I would really appreaciate hearing from them.
Cheers

I'm curious if you received any feedback on this subject, I am in a similar situation and am considering Dual Intent, however that puts my daughter in tricky situation in regards to her education. I was thinking of home schooling but I am sure what the legalities of that are also...

 

[claire_09]

I am also in same situation. As I see it I am planning to visit for 6 months or less, therefore, a study permit will not be required for my dependent child. It does however seem to a large extent discretionary on the principal. I started my research here http://scdsb.on.ca/schools/newcomer-welcome-centre/ - this will only be of help if you are going to Ontario. Found them very helpful...in essence they told me that as long as I was married to a Canadian Citizen (not sure how this applies to Canadian PR) and could prove that I had submitted an application for PR (outland or inland) that they would waive international fees and the requirement for a study permit. I guess the issue could be that it takes long than 6 months for 2nd stage processing so you have to extend visitor status and that could cause problems maybe!! Like all things to do with immigration - about as clear as mud. Be good to hear of any other experiences out there. Just a word of caution they were not able to send me anything by e-mail so this info relies on a verbal conversation only.

 

[marcopolocan]

Just some feedback,

It will depend on the province but in our case you do need the PR or study permit is required.

 

[canadianwoman]

Ask different schools. Some forum members have reported that they were able to enroll children in the OP's situation in school. Some principals asked for a study permit, some said they had to pay international rates, some said of course they can come to school and were surprised that anyone else had attached any conditions.

 

[Sweden]

Indeed - ask around. After reading your question, I asked my father-in-law, as he is a vice-principal in a school, and ask what his experience was with these cases ( he has been in the education system for more than 15 years). According to him, it really depends on the school, and on who you talk to. The principals of each school have the "discretionary power" to accept or refuse kids and ask for a study permit, or just decide that the children can attend schools without that, especially if the parents can prove that they have started the PR sponsorship, as in that case it's mostly a matter of time until the children can "legally" go to school, and they will become PR eventually... so they might as well get a head start on their education and attend school right away instead of loosing time waiting...

Hope you can find a school that share this view... my FIL recommendation was to try and talk to the more "remote" communities since they might be more willing to accommodate individual cases and you can get to know the school team better.
Good luck,
Sweden

 

[marcopolocan]

Unfortunately its not up to the schools. Where we are going there is a central registration authority that checks all documents (immigration papers, passports, birth certs etc). Once that is done than you are allowed to go to the particular school to register. The schools will not take you unless the central authority has cleared your particular case.

I'm hoping that we hear some good news soon.

Thanks for your responses, I appreciate it.