CAN MY SON SCHOOL IN CANADA WHEN HE IS A PERMANENT RESIDENT IN THE US

[lexzy]

I just recently immigrated to the US with my wife and son and unfortunately shortly after we got to the states my wife died, it has really been a challenge in a new environment without her, I am without a job now and need to move frequently to try and settle in a new environment and this will not bring the much needed stability for a 5 year old you has also just lost a mum.My sister that is a permanent resident in Canada has offered to take charge and take care of him him for the time being, while I try to get on my feet here in the US, but we are currently having problems of how to get him into school in Canada since he is not a resident in Canada, can anyone please give me advise on how to tackle this problem, because he needs to go to school and he cant be with me for now since I am still trying to settle down.

Any Advise please.......

 

[steaky]

I suppose your sister can be a legal guardian of your son. Your son can register school in Canada as international student. Your sister might want to contact the school directly for details about the arrangements.

 

[Leon]

It depends on the school district. Your sister should go to her neighbourhood school and ask if she can enroll him and see what they need. It is possible that they will say it's fine and she doesn't need anything but it is also possible that they will ask her to provide signed papers from you that she is her guardian as well as a study permit for minor and it is possible that they would ask for tuition for him.

There is a link for info on minor children studying in Canada here: http://www.cic.gc.ca/english/study/minors-documents.asp It says that children at the kindergarten level do not need a study permit so if the school asks for one, your sister can show that to them. You can find a link to the form for custodianship at the bottom of this page here: http://www.cic.gc.ca/english/study/study-minors.asp

 

[AAL1984]

No, he can't. US perm residents are only allowed to stay 6 months max. Also unlike US in Canada they do ask for proof of legal status, ie child's birth or citizenship certificate or PR card, won't enroll without those things.

Province decides who to enroll in school not federal gov, schooling is sole provincial responsibility. So taking link from CIC won't hep.

What you are planning is illegal. You are also putting at risk child's US greencard status, as US authorities will know exactly how long he's been in Canada.

 

[lexzy]

Now I am really feeling over whelmed, AAL1984 says it is illegal,but this is not as a matter of choices, it is as a matter of the circumstance I find myself, so in this circumstance I still need advise on what the best option might be legally, so that I don't end up doing the wrong thing.

Really need an answer .......

 

[Leon]

Like I told you before, have your sister go to the neighbourhood school and ask.

I know of a case where a family in Canada on visit visa were refused to enroll their kids in school, I know a case where a woman in Canada on visit visa was refused to enroll her child in school even though her husband was a Canadian and was in the process of sponsoring her and the child for PR and then I know of a case where a Canadian or PR woman had a guest child on a visit visa, pretty much like your sister would be doing and she had absolutely no problems enrolling him in school and was here inquiring about how to get his visit visa extended. Therefore I conclude that it depends on the school or the school district or the county, province, who knows but in any case, you can not say for sure that he would be refused until she asks.

As for his US green card, the US wants you to come to the US at least yearly if you have a green card, preferably every 6 months but I am sure you can arrange that. You are also not supposed to leave the US permanently but he isn't. He'll be staying one school year with your sister, right?

 

[lexzy]

Thanks Leon, he will be staying for about a year or so, she stays in Ontario and has actually gone to some schools and they seem not really know how to handle the situation since they have not really had a case like this before, but one school has asked her to submit his birth certificate,passport,PR card and immunization card,and health card to submit to the body in charge of admission in her province. But it appears they might also want to charge tuition, that will be a challenge right now.

He is suppose to actually start from grade 1.

 

[scylla]

Going by the books, he should have to pay tuition to attend since he's a foreign student. (I believe tuition is around $13K per year in Ontario.) However as Leon said, schools will sometimes waive the tuition. It's really up to the individual school.

 

[pokie]

I'm sorry to hear abt ur situation. As for your son relocating to Canada to stay with ur sis, his aunt, its going to be quit expensive in the sense that he is not a permanent resident or citizen of Canada. If your son is to move to Canada, he would need a
1. Custodian( someone who would act as his mum or dad)
2. Apply for high school as an international student which is 11500 in Calgary no matter what grade he is getting into. That means you would have to pay 11500 until he completes high school if his status does not change to PR or citizen.
3. He would need a study permit because in his case his parents are not going to be here with him. If his parent were going to be with him, he wont need study permit until a certain grade in high school.

***source***
(My sister is under 18 and coming to Calgary Canada for high school from outside Canada.)







How about your sister adopt him? I know this might sound heart breaking, but this might be the only option if you cant pay the international fees.

 

[lexzy]

Wah o , he is just 5 going to 6 in September,tuition of 11K-13K is extremely high, my situation is really getting kinda worse,really in a big dilemma, there seem to be no light at the end of the tunnel here at all, this is really depressing.

 

[Leon]

Before your get depressed, have your sister go to the school and ask. If they say it's no problem, that because of the situation, they will turn a blind eye and let him enroll, then you don't have a problem but you really need to know what the schools answer is before you make up your mind if this is going to work.

 

[lexzy]

Thanks Leon, she is already doing that and I will revert on how far we go. Thanks everyone. Will give an update ASAP.

 

[steaky]

Is home schooling available in the US? If so, couldn't you just bring the textbook and other teaching material back to Canada and have your sister give lessons to your son there? This way your son wouldn't miss school and would be a win-win situation.

 

[pokie]

Lexzy, hope you are okay? we haven't heard anything from yet regarding your son's schooling.

 

[lexzy]

Hi Guys,
thanks Pokie for asking I am ok, no solution yet though, sent the documents the school wanted,copy of death certificate of my wife,copy of my sons passport and PR card,birth certificate and immunization card,well I don't know what they will come up with finally, but that is where I am now.