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sw4746

Member
May 29, 2009
11
0
Hi,

I am a US citizen and getting married to a Canadian citizen. I am planning to go into Canada and apply from there. I have children of my own and I want them to start going to school while application is being processed. What would be the requirement for them to start schooling in Canada pending the application ? Would the Receipt of payment be good enough ? If not and I have to wait a notification back for them to start schooling, how long a wait would that be ?

Thanks
SW
 
I think it depends on the school if they accept them or not. I have heard of cases where Canadian citizens or PR's had kids staying with them who were just on a visit visa and kids were allowed to go to school without a problem but I have also heard of a case where a family on a visit visa tried to enroll their kids and were told no.

Have your Canadian citizen either call the neighbourhood school or the school district to find out about this. If the school thinks it's a problem, then call CIC and ask. If your Canadian citizen is acting as the kids guardian, that may be fine. It is also possible that they will need study permits for minors to make CIC happy, see http://www.cic.gc.ca/english/study/study-minors.asp
 
Thanks for the valuable reply. I am still not clear about my "status", after I send-in the in-land application. I mean kids ability to go to school seems dependent on my status. I think If I get an "Open Work Permit", children will fall in to the category of "children with a parent who is a temporary resident and has a study or work permit". In that case Kids do not need a "study permit" as per the URL that Leon had posted.

So let me rephrase my question. Lets say I send in "Sponsorship Application, PR application and Open Work permit Application all together, how longer wait would it be to receive this "open work permit ".

Thanks a lot
SW.
 
Also about the "study permit".

Again related to Leaon's advise, lets say we have to apply for a study permit. Lets say my fiancee can act as the custodian as http://www.cic.gc.ca/english/study/study-minors.asp.

Can the Study Permit be applied while in Canada, or we have to do that before going to Canada ?
 
You really should re-think applying via the inland process - you are not required to do that just because you want to be in Canada during PR processing. There is no advantage in it for US citizens . . . and it could end up taking a couple of years for you to get PR that way if you just enter Canada as a visitor and don't get documented temporary status. In addition, when you file inland you forfeit your right to appeal a refusal, and you end up "stuck" in Canada because, if you leave and are not allowed to re-enter, you lose the inland application. You can still apply outland, even while staying in Canada as a visitor. The application will be processed through Buffalo - they are currently finalizing spousal and dependent child aps in 4-9 months . . . inland takes 12-18 months, but that's only if you have documented temporary status and there are no complications. If your case is not straight-forward, they transfer to a local CIC office and your application becomes subject to sometimes very lengthy timelines. Some local offices in areas with a high influx of immigrants are so backed up it can take in excess of a year before your application is even looked at.

Filing inland also will not get your kids authorized to go to school right away - that's not saying that the school won't enroll them . . . some Provinces have mandatory attendance laws and will enroll your kids regardless of your immigration status (or lack thereof) but that does not mean that Immgration Canada has authorized them to attend school and, if they want to play hardball with you, they will accuse you of "contravening" the IRPA by sending your children to school without getting Study Permits, and in a worst case scenario, that can make you ineligible for PR.

I would advise that your husband get enrollment letters for the children from the local school district. This should be relatively easy to do when he shows that he has married you. Then all you have to do is mail the enrollment letter(s), with a SP application and the required fees, to Buffalo. They will make a decision on the SP application(s) and, if they're approved, they'll mail a certificate type thing to you that you have to take to the border to get the Study Permits. That will authorize the children to attend school while waiting for PR and you won't have to worry about whether or not you'll be in trouble with Immigration for complying with a mandatory attendance law and sending them to school without SPs.

Just be sure you include all the information requested in the SP application checklist, and provide proof of your marriage, financial support from your husband, and (probably) copies of the authorizations to immigrate (if applicable) that you may or may not have to provide with your PR application - depending on the custody arrangement you have with your children's father.

If you need more info, check out the US2Canada website - it's designed specifically to support spousal applicants from the United States.
 
Thanks RobsLuv, you are making me think now.

1. Can I go to Canada, get married and send the application ( the PR application ) to Buffalo for outland processing ?
2. Or do I need to be in USA physically to send the PR application to Buffallo ?
3. If it's 2 above would there be a issue at the border when I am going back to Canada?

Regarding what you said here "I would advise that your husband get enrollment letters for the children from the local school district. This should be relatively easy to do when he shows that he has married you. Then all you have to do is mail the enrollment letter(s), with a SP application and the required fees, to Buffalo. They will make a decision on the SP application(s) and, if they're approved, they'll mail a certificate type thing to you that you have to take to the border to get the Study Permits."

Can this be done while we are still in Canada ?

Huge thanks for helping me out here.

SW
 
Like I said, you should get your partner to talk to the school or the school district before you let your mind wander about all the things you "might possibly" require. It might not be a big deal at all. Even if you do have to get study permits for the kids, that might not be a big deal at all either.

You can apply outland for sure. You do not send the application to Buffalo. You send it to a processing office in Canada but not the same one as inland.
 
Ok, got it.

Will plan to do the outland application and talk to school district, if needed will do "student permit".

Thanks all
SW