Loss of Status for Minor children of work permit holders

[Tracelyn2015]

I have a huge mess on my hands. Let me start from the top.Here's the Scenario

Arrival Sept 5, 2015, with three minors who were placed on Husbands Work Permit
Expiration date Nov 30, 2016. The children did not get a visitor record but received a stamp in their passport.

Received Post Graduate Work permit Nov 2016 while husband received new permits. We assumed that the children would continue to have status because of this.

Health Canada cancels the Health Card of the dependent children claiming that they need proof of status. I explained that both parents have valid work permits which granted the children the right to study in Canada. They insisted that they needed a Visitor Record

Feb 24, 2017

Contacts IRCC and speaks with Agent who explained that the Visa Officers should have included the names of the dependents on the renewed work permits and that they can fix it.
IRCC Agent emails links to Correction of an immigration document
IRCC Agent says to complete this document to rectify the situation and write "URGENT" on the envelope and the matter will be addressed in less than six weeks

Mar 24, 2017

Sends off the Correction of an immigration document along with original copy of Work Permit to IRCC via Canada post registered mail
Receives no response from IRCC

April 24, 2017

Contacts IRCC again to enquire about the Correction of an Immigration Document
IRCC indicates that the children have overstayed for more than 90 days and must leave the country to get status restored
We give IRCC the information that was given to us before and the other agent says there is no other option.
She said that we should have extended the visitor records for the children but we never received a Visitor Record, How can you extend something that you never received?

Dilemma

Neither Parents and one of the three children have U. S Visas and cannot go to the border to re-enter as IRCC is now indicating
Leaving the country via plane outside of North America will cost us more than $3000 with no guarantee that the visa officer will allow my children to re-enter

IRCC Agent gave us incorrect information. Had the agent indicated that the children needed a visitor record on Feb 24, 2017, we would have been in the 90-day window to at least apply online for the documents.

IRCC Agent emailed me a webform to make a complaint about the fort agent.
She maintains that our only option is leaving the country and hoping that the Canada border agent will understand this issue.

Please let me know if there is anything we can do.



P.S.... The children never received a visitor record. I just realize that the stamp in the passport is handwritten 30 2016. I thought that since they did not require study permits because we had work permits that everything would be

 

[scylla]

The only option is unfortunately to leave Canada and then re-enter. They've been out of status in Canada for too long to fix this problem from within Canada.

They don't need study permits. But you do need to keep their status in Canada valid by extending it (which was the bit you unfortunately didn't realize you had to do).

Arguing that CIC provided you with the wrong info almost never makes a difference or changes a decision. I would figure out the best way to exit and then re-enter the country to fix their status in Canada.

 

[Tracelyn2015]

The only option is unfortunately to leave Canada and then re-enter. They've been out of status in Canada for too long to fix this problem from within Canada.

They don't need study permits. But you do need to keep their status in Canada valid by extending it (which was the bit you unfortunately didn't realize you had to do).

Arguing that CIC provided you with the wrong info almost never makes a difference or changes a decision. I would figure out the best way to exit and then re-enter the country to fix their status in Canada.

Thanks. This second Agent did indicate that. She said while she acknowledges that I was given the wrong information there is really no one to argue my case to. She said to screen shot and print out the inaccurate information and hope that the immigration officer at POE would understand.

I'm always so careful. I don't know how I didn't realize that being exempt from. The study permit does not grant status.

 

[Tracelyn2015]

I'm so nervous that they might deny them entry if I leave and come back with them. We both have jobs here and they are in school. I've never broken the law in my life. I'm so upset with myself.

 

[Shivanshu05]

I'm so nervous that they might deny them entry if I leave and come back with them. We both have jobs here and they are in school. I've never broken the law in my life. I'm so upset with myself.

Hey man!,
Did you have an update on your case?
It will be really helpful if you can share what happened.

 

[olijoy]

Please any update on this matter im desperate to know what to do??

 

[rafael-junqueira]

Hi, do you have any update on your case? I might be a similar situation with my younger daughter.