I'm in a weird situation and I've tried calling CIC twice a day for the past 10 days and I don't even get put on hold, the message says "Too busy to transfer your call" and hangs up.
10 years ago, my ex-husband won custody of my two kids and they stayed with him in the States. When I immigrated, he refused to have them examined, forcing me to sign the waiver giving up my right to sponsor them in the future. He did this not only because he's bitter about the divorce but he's US military and was absolutely adamant that his children weren't going to leave the good ol' USA after he's been serving his country, etc etc. He used the waiver as a way to ensure that I never could take custody away from him and "convert" his kids to Canadians. (Which is a flaw in the Canadian system I think, because why punish the kids when exes can't get along? But I digress...)
Fast foward to now, the military prematurely separated him (kicked him out) on medical grounds and after 6 months he has not been able to find a civilian job. His house is nearly in foreclosure and he can't afford to feed the kids. Suddenly he was only too happy for me to take the kids off his hands, especially now they are teenagers who have grown out of the "cute" stage. So I won uncontested custody 2 weeks ago. But the question is, now what? I can't immigrate them so the last time I actually reached the call centre (before I began custody proceedings,) they told me that a study visa was a viable option.
I have discussed the issue with the school district here now that I have custody and they have informed me that for dependent minor children, eligibility for publicly-funded education is based on the status on the parents. I am a Canadian PR, so the kids qualify for funded high school. As Americans, they may also not even be required to have a study visa. However, without a study visa, what status would they have? Visitors? Would they have to leave every 6 months and flagpole?
Here's the main issue: there is a catch-22 situation. If I get the kids enrolled in school here, I can likely take proof of enrolment and apply for a study visa to give them status. However, the school says they will not register the kids until they have met face-to-face. The school also says they will not issue an official "letter of acceptance" in advance because those letters are only issued to international students and due to my status, my kids will not be considered international but will be regular students. So I have to get the kids to the school, enrol them first, then get the study visa. But what do I say to cross the border with them? If they ask to see the custody paperwork, it will say I have physical custody so will they deny entry, thinking I'm trying to "sneak them in?" I know we shouldn't lie to the guards and I can't really say they are here to visit when my plan is to enrol them in school so that they can then qualify for a visa. But again, if I explain that, will they deny entry because they aren't truly just visiting? So I'm stuck being worried about being turned away at the border but I'm trying to do the right thing, give them a legitimate status, and I'm getting caught in bureaucracy.
Suggestions?
10 years ago, my ex-husband won custody of my two kids and they stayed with him in the States. When I immigrated, he refused to have them examined, forcing me to sign the waiver giving up my right to sponsor them in the future. He did this not only because he's bitter about the divorce but he's US military and was absolutely adamant that his children weren't going to leave the good ol' USA after he's been serving his country, etc etc. He used the waiver as a way to ensure that I never could take custody away from him and "convert" his kids to Canadians. (Which is a flaw in the Canadian system I think, because why punish the kids when exes can't get along? But I digress...)
Fast foward to now, the military prematurely separated him (kicked him out) on medical grounds and after 6 months he has not been able to find a civilian job. His house is nearly in foreclosure and he can't afford to feed the kids. Suddenly he was only too happy for me to take the kids off his hands, especially now they are teenagers who have grown out of the "cute" stage. So I won uncontested custody 2 weeks ago. But the question is, now what? I can't immigrate them so the last time I actually reached the call centre (before I began custody proceedings,) they told me that a study visa was a viable option.
I have discussed the issue with the school district here now that I have custody and they have informed me that for dependent minor children, eligibility for publicly-funded education is based on the status on the parents. I am a Canadian PR, so the kids qualify for funded high school. As Americans, they may also not even be required to have a study visa. However, without a study visa, what status would they have? Visitors? Would they have to leave every 6 months and flagpole?
Here's the main issue: there is a catch-22 situation. If I get the kids enrolled in school here, I can likely take proof of enrolment and apply for a study visa to give them status. However, the school says they will not register the kids until they have met face-to-face. The school also says they will not issue an official "letter of acceptance" in advance because those letters are only issued to international students and due to my status, my kids will not be considered international but will be regular students. So I have to get the kids to the school, enrol them first, then get the study visa. But what do I say to cross the border with them? If they ask to see the custody paperwork, it will say I have physical custody so will they deny entry, thinking I'm trying to "sneak them in?" I know we shouldn't lie to the guards and I can't really say they are here to visit when my plan is to enrol them in school so that they can then qualify for a visa. But again, if I explain that, will they deny entry because they aren't truly just visiting? So I'm stuck being worried about being turned away at the border but I'm trying to do the right thing, give them a legitimate status, and I'm getting caught in bureaucracy.
Suggestions?