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Pending PR - valid temp work permit and study permit for minors

Jul 26, 2012
2
0
Hello,
We are immigrants from Switzerland and we came to Canada in 2008. We have 4 questions:

1a) We were/are eligible to file for Immigration from within Canada, which we did in October 2011. We have an application pending (confirmed as received November 2011) to become permanent residents, is that "implied status"?
1b) We have two minor children (8 and 12 years old). Do they need a Study Permit to go to school?

2) We have a valid temporary work permit and the children received originally a study permit, which just expired on the 22nd of July. Under the regulations on the CIC website, children accompanying parents with a temporary work permit do not need a study permit for kindergarten, primary and middle school. However, in recent years the local school district asked us to provide a study visa. Our question remains: Do we need under question 1 and 2 study permits for our minor children or not. And if the answer is YES, do we file an extension, even though they have just expired, or do we have to file a restoration? If we the answer is NO, do the kids need a visitors visa? If they need a visitors visa it will say "not allowed to study". And if they don't even need a visitors visa, because they are not visitors they are temporary residents, are they governed under our current valid work permit and temporary residence status and therefore can simply stay here and remain in school? The expired study permit says "must leave the country on the 22nd of July", but the fathers temporary work permit is still valid and we have a pending PR application.

3) Our current valid temporary work permit is going to expire by the end of this year. Do we have to file an extension to remain in status even though we have as stated under question 1 a pending immigration status.

4) The work permit is issued to the husband, it's under the category of "entrepreneurs". Is it possible to change the spouses visitors visa into an open work permit? We ask ourselves, why the spouse received only the visitors status in the first place. On top of that the spouse falls under the exempt category of: author and nutritionist.

Please help us answer these questions in detail.
THANK YOU
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
Having applied for PR does not mean implied status. Implied status is when you have applied for an extension of a permit before it expired but haven't heard back yet. Then you have implied status.

Therefore, you must renew all your permits as they expire in order to stay in status. For example, your children are now out of status. You need to file for restoration of status for your children for study permit for minor.

Spouses of skilled workers who are classed as skill level 0, A or B can get an open work permit. If you believe that your husband falls into this category, you can apply for an open permit.

Here is the list of jobs that can be done without a work permit: http://www.cic.gc.ca/english/work/apply-who-nopermit.asp I do not see author and nutritionist there. However, if you have visitor status, nobody will stop you from writing a book in your free time.