Minor in Canada

[BA12]

Hi,

I came on Work permit in Canada and my minor son came with me. We enrolled him in a school here. His visitor status expired a year back and we didnt realise and did not renew the status. Currently he is studying but out of status and his passport has also expired. I am worried what we should do in this situation. Should we apply for a study permit? Can we at this point from inside Canada and him being on no status? Please advise, thanks

 

[canuck78]

Hi,

I came on Work permit in Canada and my minor son came with me. We enrolled him in a school here. His visitor status expired a year back and we didnt realise and did not renew the status. Currently he is studying but out of status and his passport has also expired. I am worried what we should do in this situation. Should we apply for a study permit? Can we at this point from inside Canada and him being on no status? Please advise, thanks

Most countries will not allow you to renew a passport from Canada if out of status. When did his visitor status expire? Would also recommend he get a study permit next time since many VO will deny a TRV and say a minor needs a study permit to live in Canada. I know it technically says that TRV is sufficient but there have been many denials. You will need to work with your home country to get temporary travel documents and likely return to your home country to apply for a new passport. He will need then apply for a study permit to return to Canada. When does your WP expire? That can also have an impact on the application.

 

[armoured]

Hi,

I came on Work permit in Canada and my minor son came with me. We enrolled him in a school here. His visitor status expired a year back and we didnt realise and did not renew the status. Currently he is studying but out of status and his passport has also expired. I am worried what we should do in this situation. Should we apply for a study permit? Can we at this point from inside Canada and him being on no status? Please advise, thanks

Figure out first whether he can renew passport from within Canada.

 

[Ponga]

When did his visitor status expire?

OP stated that it expired a year ago.

 

[BA12]

Most countries will not allow you to renew a passport from Canada if out of status. When did his visitor status expire? Would also recommend he get a study permit next time since many VO will deny a TRV and say a minor needs a study permit to live in Canada. I know it technically says that TRV is sufficient but there have been many denials. You will need to work with your home country to get temporary travel documents and likely return to your home country to apply for a new passport. He will need then apply for a study permit to return to Canada. When does your WP expire? That can also have an impact on the application.

Thank you so much!

Yes,Canada needs a legal status to be in place if we have to renew the passport from inside Canada incase of an Indian passport that has expired.
The visitor visa expired one year back.

Why do you think that the TRV will be denied if we leave the country and apply from outside?

Will the study permit be accepted in this case since my kid is already enrolled in a school here but has been studying even when he was out of status since we didnt realise that the visitor visa has expired?

My work permit is valid till 2026, how would the duration of my work permit have an impact in this situation? Please let me know since everything seems complicated

 

[BA12]

OP stated that it expired a year ago.

yes, thank you

 

[BA12]

Figure out first whether he can renew passport from within Canada.

No, he cannot renew from within Canada since he needs a proof of legal status if the passport has to be renewed from within. Since he is out of status, it won't be possible

 

[canuck78]

Thank you so much!

Yes,Canada needs a legal status to be in place if we have to renew the passport from inside Canada incase of an Indian passport that has expired.
The visitor visa expired one year back.

Why do you think that the TRV will be denied if we leave the country and apply from outside?

Will the study permit be accepted in this case since my kid is already enrolled in a school here but has been studying even when he was out of status since we didnt realise that the visitor visa has expired?

My work permit is valid till 2026, how would the duration of my work permit have an impact in this situation? Please let me know since everything seems complicated

TRV has a good chance of being denied since your child is not a visitor and wants to live in Canada. A study permit is a better options. We have also seen cases in the last few years where VOs have denied TRVs for children or WP and SP holders a told them to apply for SPs for their children instead. The fact that your child has been studying has no impact on whether they will be able to get a SP. Whether you are employed and following the conditions or you WP is what influences your child’s ability to get a permit to study themselves. When your child applies for a new study permit they will typically get a study permit that coincides with the expires date of your work permit as long as long as your WP isn’t close to expiry and you can prove that you are still working for the employer. In general it is never a good idea to have a record of overstaying your stay and not following immigration rules in any country.

Would start with contacting Indian embassy/consulate about obtained emergency travel documents to return to India so your son is able to obtain as new passport. It’s unclear how complicated the process may be to obtain the travel documents.

 

[BA12]

Thank you so much, this really helps. Let's hope for the best