Minor child study permit rejected

[carobbermuda]

Hello. Our minor child went to Canada to study for 2 years with an international program/custodian/homestay. Then his father got a study permit and we thought he could continue without a visa while with his father. We found out he couldn't and by the time we got the request for an extension in it was 7 days late and rejected.

I brought him back home and reapplied from outside of Canada, online. Within 5 days we got a rejection! Says I didn't include letter from school (which I told them I had and could upload if they gave me the space to - it is a public school) and I failed to include Custodianship Declaration or Parental Consent Form. These forms are not relevant for parent to parent - I had to do these for the first 2 years. I found another form called DECLARATION FROM NON-ACCOMPANYING PARENT/GUARDIAN FOR MINORS IMMIGRATING TO CANADA (IMM 5604) but this is for "immigrating" not permission from one parent to study with another parent. We are married, not separated or divorced.

Can anyone advise me here, please?
Thanks in advance,
Cathy

 

[scylla]

I can't answer your first question. For your second question, I don't think they are asking for a form - I think they are asking for a formal letter where you are granted your husband permission to take your son out of the country for his studies.

 

[carobbermuda]

Thank you. It's what I am assuming too. It's just the way he/she worded it, I felt like he/she didn't understand or bother to read my explanation letter.

These are exact words: Client has not submitted Custodianship Declaration or Parental Consent Form that is required as per Operational Bulletin 339

 

[Regina]

It is upsetting but just do your homework and apply again.

I do not understand how there is no space for Letter of Acceptance from school on online application fro STUDY PERMIT? And even there is no such a space you can always attach it as a letter of explanation. You also can scan quite a lot of papers into ONE file and attach it into a proper place or into the place for Letter of explanation.

Also, it does not matter that you had Consent letter from both parents for your child first time. It was for that process of obtaining SP, this time it is a new process. So, write such a letter appointing your husband a custodian for your child in Canada. Because IN CANADA it is necessary even from parent to parent.
That letter could be written in your own words; however, you should include all that information which is on form IMM5646. And notarize it!
http://www.cic.gc.ca/english/pdf/pub/custodian-parent.pdf

 

[carobbermuda]

Thank you, Regina, too. The only thing that stopped me on those forms is that it has a place to tick whether the custodian is Canadian Citizen or Permanent Resident. My husband is neither. Maybe I should call them tomorrow and ask if this form can still be used.

As to space for Letter of Acceptance. The questions they asked were will he be living with a family member that has status. The answer was yes. It clearly states on the web site that a letter of acceptance is not needed if with a parent with legal status (any status) so the online form correctly didn't give a place for it. I think it is the officer that read the application that is making a mistake, but I could be wrong on that too.

I will gladly upload that too as I did easily get one from the school. He's been there 2 1/2 years and this has unnecessarily uprooted him.

Thank you again.

 

[Regina]

The only thing that stopped me on those forms is that it has a place to tick whether the custodian is Canadian Citizen or Permanent Resident. My husband is neither. Maybe I should call them tomorrow and ask if this form can still be used.

Do not USE those forms! Just use them as a SAMPLE for information you need to provide in your letter of consent.

The only thing that stopped me on those forms is that it has a place to tick whether the custodian is Canadian Citizen or Permanent Resident. My husband is neither. Maybe I should call them tomorrow and ask if this form can still be used.

nope. Letter of acceptance is not needed if your child is already in Canada or applying TOGETHER with a parent . If he applies for SP ALONE (his father is already in Canada) outside of Canada he has to have a letter of acceptance.

 

[scylla]

Do not USE those forms! Just use them as a SAMPLE for information you need to provide in your letter of consent.

Agreed. There is no form and you need to stop looking for one. They are looking for a letter of consent.

 

[carobbermuda]

Thank you Skylla and Regina!

 

[Regina]

There is an expression about applying to any visa- satisfy the system! If you apply online , assume nothing, just provide them with what they request even if you think it is the stupidiest thing in the world what they ask you to provide.

One of my friends, with a citizenship of a EUROPEAN country (member of EU) was asked (by the system) to fill a form IMM5707 for his child travelling with his parent
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5707E.PDF
On the second page there is a guide "who has to fill in the form":
a minor travelling ALONE and a citizen of any of six particular non-european countries.

Not their case at all but he just went ahead and filled in and attached the form.

Whatever you ask for, CIC guys... You asked for it? You got what you asked for!

 

[Regina]

he questions they asked were will he be living with a family member that has status.

Is this the question you are talking about?

Are you accompanying a family member that has status in Canada, or has recently been approved to come to Canada? (not living "he questions they asked were will he be living with a family member that has status." as you said, but "accompanying")

You answered YES, because your child is supposed to live in Canada with his father who is there on SP.

But you child IS NOT accompanying his father on child's trip to Canada. His father is in Canada already.

Maybe you have already realized this, then my post is for somebody else, just to clear some things out.

 

[carobbermuda]

Yes, I did say yes to this as I clicked on the question mark to understand it. There was also another question, close to this one, that I said yes to. I will have to go and look it up.

Right now I have created two custodianship letters, fashioned after CIC's custodianship letters but that relate to me, as outside of Canada parent and my husband as in Canada parent/custodian with legal study permit. We will each go to get them notarized on Monday. I'm hoping this will satisfy them.

Thanks, Regina.
Cathy

 

[Regina]

fashioned after CIC's custodianship letters but that relate to me, as outside of Canada parent and my husband as in Canada parent/custodian with legal study permit

Good idea!

 

[carobbermuda]

Hi Regina,

You've been so helpful I thought I'd tell you what else I am worried about and how you would recommend going ahead with it.
My husband's study permit is up at the end of November. I have applied for mine to cover the rest of the year and more, but they have not answered mine yet (since January 7th). Do you think I should clearly state this in my explanation letter that I understand that they can only give my son a study permit until November, under these circumstances. Also that I will await an answer on mine to apply to extend my sons? It seems obvious but do I need to make it very clear that I understand what I am asking for?

What is confusing is that, when I applied for mine, it asked me if I was applying for anyone else. I added my son and my husband for an open work permit. They rejected both my husband and son. I understand now that, as my husband already had a study visa that I need to wait until that is expiring first. But why didn't they just leave it pending with mine? Their reason was that I didn't have a study permit yet. DUH! lol. And they stated that he had a study permit until November. DUH again. My son was rejected because it was 97 days (7 days past extension time). That was the first rejection. The second rejection is what we have been talking about...from outside of Canada as I had to bring him home.

So you understand my fear - I need to get my son back to school. Do you also know if they will "accept" his study visa as fast as they "rejected" the last one. They only took 5 days to reject it and ask for the parental stuff and school letter. Or is that only because someone goes through looking for ones that are missing information?

Thanks so much again.

 

[Regina]

Do you think I should clearly state this in my explanation letter that I understand that they can only give my son a study permit until November, under these circumstances. Also that I will await an answer on mine to apply to extend my sons? It seems obvious but do I need to make it very clear that I understand what I am asking for?

No, it does not matter for CIC. They do not sympathize nor hurt intentionally. Do your job , they will do their. It is NOBODY fault except you, parents of your child, that you did not apply in time for it first time ,right?

They rejected the second time so fast because it was fresh after the first one. So, I suppose , you could expect they will answer soon this time too.

No, unfortunately, there could not be a line up for pending applications. Something could change in your life, you could change your mind and never continue with your pending application.
So it is impossible. However, you could get PS for your son till November, by that time you will get your SP, come to Canada and in September you could apply for your son SP extension based on your SP.

 

[carobbermuda]

Thank you. Do you think I should still include my explanation letter that apologizes for being late with the last study permit and circumstances that led to the misunderstanding or do they not really care? There isn't enough space in the box where they ask you to explain when you've had to tick 1. have you ever been refused a visa, 2. have you ever been asked to leave Canada. For my poor son, both of these are true now.