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Minor - Visitor Visa with in Canada

aBc_1990

Star Member
Dec 16, 2017
140
2
Hi,

I am in Canada on StudyPermit ( I came here along with my 2 kids and wife on visitor visa and then changed my visa to study visa after getting my study permit I applied for my wife OWP and I am waiting for response on her visa from 6 months but my kids ( 3 & 5 years ) are still on visit visa and its been more than 6 months, Do I need to apply for their visitor record or they can stay with me on visitor visa and I dont need to inform or update ircc on it
 

Naturgrl

VIP Member
Apr 5, 2020
40,311
8,306
Hi,

I am in Canada on StudyPermit ( I came here along with my 2 kids and wife on visitor visa and then changed my visa to study visa after getting my study permit I applied for my wife OWP and I am waiting for response on her visa from 6 months but my kids ( 3 & 5 years ) are still on visit visa and its been more than 6 months, Do I need to apply for their visitor record or they can stay with me on visitor visa and I dont need to inform or update ircc on it
If it is more than 6 months then they are all are out of status in Canada. They had to extend their status before the 6 month expired. They cannot do it now. This has nothing to do with your status as a student, as they are overstaying. They may have to leave Canada and return to restore status.
 

aBc_1990

Star Member
Dec 16, 2017
140
2
If it is more than 6 months then they are all are out of status in Canada. They had to extend their status before the 6 month expired. They cannot do it now. This has nothing to do with your status as a student, as they are overstaying. They may have to leave Canada and return to restore status.
thank you for the response,

but I applied for OWP of my wife 3 months before the expiry of visit visa so how she is out of status? Isnt it applied status ?

one of my daughter is going to school and school told me she can stay until my study permit, can I apply for restoration of status for them ?
 

aBc_1990

Star Member
Dec 16, 2017
140
2
If it is more than 6 months then they are all are out of status in Canada. They had to extend their status before the 6 month expired. They cannot do it now. This has nothing to do with your status as a student, as they are overstaying. They may have to leave Canada and return to restore status.
just received my wife work permit.
 

Naturgrl

VIP Member
Apr 5, 2020
40,311
8,306
thank you for the response,

but I applied for OWP of my wife 3 months before the expiry of visit visa so how she is out of status? Isnt it applied status ?

one of my daughter is going to school and school told me she can stay until my study permit, can I apply for restoration of status for them ?
So did you apply for their study permits? You can try and apply for restoration of status but it probably will be refused. See what happens. Applying for a work permit doesn’t give her status but her work permit is now approved.
 

aBc_1990

Star Member
Dec 16, 2017
140
2
So did you apply for their study permits? You can try and apply for restoration of status but it probably will be refused. See what happens. Applying for a work permit doesn’t give her status but her work permit is now approved.
So having approval of work permit today still mean she is not on status ?
 

aBc_1990

Star Member
Dec 16, 2017
140
2
So did you apply for their study permits? You can try and apply for restoration of status but it probably will be refused. See what happens. Applying for a work permit doesn’t give her status but her work permit is now approved.
After receiving the document of work permit do I need to apply for sticker on passport or visitor visa sticker on passport is enough ?
 

canuck78

VIP Member
Jun 18, 2017
53,022
12,785
thank you for the response,

but I applied for OWP of my wife 3 months before the expiry of visit visa so how she is out of status? Isnt it applied status ?

one of my daughter is going to school and school told me she can stay until my study permit, can I apply for restoration of status for them ?
Schools don’t know anything about immigration. Each person is assessed as an individual so your children entered Canada as visitors with a minimum of a 6 month stay as long as a date was not written in their passport. After 6 months they are out of status and are overstaying the visa. They will need to restore their status if it has been less than 90 days since their status expired. Once they restore your status your eldest child needs to apply for a study permit. You can request that the study permit coincide with the expiry of your study permit.
 

canuck78

VIP Member
Jun 18, 2017
53,022
12,785
just received my wife work permit.
Did she get approved for the WP before her 6 month visit expired? Applying for a WP did not give her implied status. If it has been over 6 months then she incorrectly received the WP and needs to restore her status. It sounds like your whole family except you is out of status. Has it been 90 days from the 6 month visitor period ended? If it has been over 90 days then they will need to leave Canada. When did your family arrive as visitors?
 
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