Why are you arguing this point? The rules are what they are to protect Canadians. Deal with it.
Planning to take RISK of sponsoring my kid when RO not fully met
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Confirmed with TDSB that they do not have the right to request other valid proof for staying decades in Canada, a land paper will do. The lady explained to me that in some cases, the returning PR have been away with Canadian spouse for extended period of time and they have never had a PR card. It is not their duty or they have the authorization to check why the PR do not possess a PR card.
If the kid is not PR yet, need to show sponsorship application number. If no application number, will be considered as international student. But even they are not sure if a study permit is required.
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Your question to me was “What about some people who are staying in Canada for decades and never applied a PR card for travel?”. As I said they can prove that they have been living in Canada during that period with decades of residency records. They will have longterm proof that they are residents in the catchment area for the school in addition to their landing papers or expired PR card. In your situation you are not a PR that has been away with their Canadian spouse who has been working abroad for numerous years so not sure how the example from TDSB applies to you. In a similar case the other parent can show their Canadian passport and proof of residency (lease or house deed) to register their child for school.
No contradiction. What I was saying as per TDSB: 1) I have PR card or expired one, 2) I have never had a PR card, 3) I am returning PR and has been away with their Canadian spouse who has been working abroad for numerous years; they just don't care. They just need to see land paper.
Seems they are more concerned about the kid's status:
Got PR status or sponsorship application number------> local student
Not PR or Canadian and no application number-------> international student
My latest experience in assisting a family member with a son who is non status and needs to go to school in Ontario.
Family member is permanent residence, but no PR card and still a year and some in meeting her RO.
So school board here in the area made a big deal about his non status bla bla bla. Before someone says these are rules to protect Canadians this is not true, if anything these are board made up rules to make some extra cash getting people to pay for international fees.
After some investigation the boards or schools have zero relationship with any immigration department and quite frankly there exists more dubious ways of getting your child to study with the school boards doing absolutely nothing with the information and documentation you feed them with. Note: I don't recommend fraud or lying.
In my case and what I suggest I just reached out to a pro bono lawyer where he heard the case and proceeded to sending a letter to the school board reminding them of the law or more specifically the Education Act of Ontario (section 49.1 to be precise) after which the board accepted the student in question without a fuss.
Family member is permanent residence, but no PR card and still a year and some in meeting her RO.
So school board here in the area made a big deal about his non status bla bla bla. Before someone says these are rules to protect Canadians this is not true, if anything these are board made up rules to make some extra cash getting people to pay for international fees.
After some investigation the boards or schools have zero relationship with any immigration department and quite frankly there exists more dubious ways of getting your child to study with the school boards doing absolutely nothing with the information and documentation you feed them with. Note: I don't recommend fraud or lying.
In my case and what I suggest I just reached out to a pro bono lawyer where he heard the case and proceeded to sending a letter to the school board reminding them of the law or more specifically the Education Act of Ontario (section 49.1 to be precise) after which the board accepted the student in question without a fuss.
Not wrong for school boards to want to differentiate between who has right to a free education versus those who don’t have status. Also not wrong for Canadians and other PRs to want people to actually meet their residency obligations which are very lenient to begin with. I blame CBSA and the Canadian government for that.
In the province of Ontario if you are underage and non status you still have a right to free education. Thus the school board is not only wrong, but also breaking the law.
Having said that though it wasn't the school board that was being difficult, but the actual school. Once I got a lawyer involved the school board reminded the school about the rules and problem solved.
I agree here. I myself am a Canadian Citizen and don't appreciate so many people going back and forth with the whole residency thing. Having said though I do understand it comes down to a case by case basis so I try to hear the stories first before passing judgement.
All in all I also blame the Canadian government who seems intent on not doing their jobs here.
Actually not really, there is a different set of rules for international students and for PR / Canadian rules. And that is of course about money (free and paid education). What that family could not prove is their valid PR properly because of the missing document.
Several things I would strongly disagree:
1. Returning spouses that were living with their Canadian partner.
This argument for children is off the table, as the Canadian parent can sponsor that child and take care of necessary things there. That can be done even if that child will loose his PR (accompanying problem).
2. Sorry but lack of knowledge of the law (in this case RO itself, which is clearly the only thing holding some people back to apply for PR cards), does not excuse them from that law.
And you were more or less assisting somebody to use the loophole in the RO system. So no, such cases are not appreciated at all. Because again, if that person did have proper H&C grounds, they would have sent application already. Since they do not have it, they are just sitting quiet and that is the real reason why they have expired / no PR card at the moment (as you have admitted in this thread).
Obvious this is not regarded as fair by all those who do maintain their RO properly. So it is actually much more touchy for people that got naturalized, than for Canadians by birth.
My husband and I are PR. Both our PR are expired. My son was born outside Canada. My son has entered Canada on a TRV and he will be completing his 5 months soon. I need to apply for his visitor record 30 days before he completes his 6 months.
> I cant sponsor him for PR because I and my husband have not met Residency obligation yet.
>We are planning to apply for my son's PR in last week of April. Until then we will apply for his visitor record. My husband will complete his Residency obligation in mid April.
I wanted to ask you if it will be ok to mention in the cover letter about our reason for not sponsoring him for PR now is our violation of residency obligation and that we will start his PR sponsorship in last week of April and to grant him visitor record now??
Or should I just write in the cover letter to grant him a visitor record without mentioning our residency obligation violation.
> I cant sponsor him for PR because I and my husband have not met Residency obligation yet.
>We are planning to apply for my son's PR in last week of April. Until then we will apply for his visitor record. My husband will complete his Residency obligation in mid April.
I wanted to ask you if it will be ok to mention in the cover letter about our reason for not sponsoring him for PR now is our violation of residency obligation and that we will start his PR sponsorship in last week of April and to grant him visitor record now??
Or should I just write in the cover letter to grant him a visitor record without mentioning our residency obligation violation.
I am in a dilemma about drafting the letter.
> What should be exact reason for extension (Visitor Record) instead of sponsoring him?
>Should I ask for extension of 6 months or more than six months(will submit his sponsorship application in last week April)
please help guys. I will be in real trouble if my kid doesnt get the extension granted.
Ask for an extension of 6 months to remain with his parents. I would consider paying for the sponsorship and include the receipt in the renewal Would also include that you are working on the application and will be submitting in as soon as possible in the next few months. I am not a lawyer though.