kids with no staus

[lulubell]

hi,
i wonder if anyone can help me. I came into canada with my two children to stay the 2 years I need to have to maintain my pr status. My kids have come in as vistors and leave every 6 months. They have been going to school here and living with me with no official status. Is this terrible?I cant live without them. Now I want to sponsor them. How much trouble am I in?
Worried mom

 

[steerpike]

You can still sponsor them even tho they have no status. (assuming they qualify for all the other reasons). If they have visitor visas they should try to extend those and keep their visitor status during the whole process. But even if they dont have it or lose it they will still process the application. If you are applying inland they should stay in Canada for the whole process.

 

[lulubell]

Really? Thankyou! It sounds too good to be true...

 

[Sweden]

Kids can not be sponsored inland. If they are in Canada, it will still be an outland application.
However, if you're in Canada and you are not able to meet the residency requirement, you should be able to sponsor them.

Complete the OUTLAND sponsorship application for both kids. When they have been in the country for 5 months ( out of the 6 months for their visa), they can either go and come back to get another 6 months, OR you can extend their visitor visa. INclude the proofs that you have applied for PR for them, and most likely the extension will be granted. It will avoid having to get them in and out of Canada again.

I assume that they hold a passport from a visa-exempt country, so they won't have to send their passport. Once their application for PR has been approved, they will be sent the COPR at the mailing address that you indicate, and they will have to exit Canada to the nearest border, and come back to land as PR. then that's it!

Best is to try and maintain their status as visitors no matter what.

Sweden

 

[lulubell]

Thankyou Sweden! So I won't get into trouble for having them enrolled in school here even though they are visitors? I had no difficulty enrolling them, although for my teenage daughter I had to go through an awkward and unpleasant discussion with the school board. In the end though, they just want to be sure they weren't foreign students...if anybody has any questions about this subject I would be happy to share my experience if it could help ..LB

 

[torontosm]

Thankyou Sweden! So I won't get into trouble for having them enrolled in school here even though they are visitors? I had no difficulty enrolling them, although for my teenage daughter I had to go through an awkward and unpleasant discussion with the school board. In the end though, they just want to be sure they weren't foreign students...if anybody has any questions about this subject I would be happy to share my experience if it could help ..LB

Are they attending a public school without any status? Are you paying for it?

 

[lulubell]

Yes they are and no, I'm not paying.

 

[MadeInCanada]

How did you manage to convince the school board they weren't foreign students?? They do not legally "live" here they are only visitors... You did mention I believe that you are a PR, also that they have to cross the border every six months to renew their status(visitor). Were they included on the PR application but as non-accompanying but had the medicals done and what not?

I may be wrong but you might want to look a bit deeper into all of that.

Take Care
MadeInCanada

 

[lulubell]

I am a landed immigrant, I have been since before having the children, who were born out of the country. I have kept my status over the years coming back and forth (my family is here) Basically, I have been lucky because I should have done the paperwork sooner but I left it due to life circumstances. Life can be complicated and we all do our best that's all I can say. I have been through difficulties (who hasn't) that set me back but I have wonderful children.
As for the school board, apparently they cannot deny any child under 18 a place in an Ontario school, especially if you have proof of your status in Canada and that the children are yours. I have a paper that says that all you have to have is photo ID for any child and they will be accepted. I don't know how it works outside of Ontario. When you apply for pr, you are only asked your marital status, not whether you have dependents. As I said earlier, I have just finished the two years I needed to keep my status, so now I can start the paperwork for sponsorship without worrying about proving my time in Canada. I am just worried that when they see their school records they will see the schools are here and penalize me for it. Anyway, what's done is done. It hasn't been easy but I would do it all over again if I had to Thankyou for your help

 

[SenoritaBella]

I found this here: http://www.cic.gc.ca/english/helpcentre/answer.asp?q=488&t=15

Can a minor child go to school in Canada without a study permit?

Generally, minor children need to apply for a study permit from outside of Canada, if they want to go to study in Canada. However, a minor child can go to school without a study permit if:
•one parent (biological or adoptive) is a Canadian citizen or permanent resident; or
•one parent (biological or adoptive) is permitted to study or work in Canada; or
•neither parent is physically in Canada.

Also see this: http://www.cic.gc.ca/english/study/study-minors.asp
Exceptions: Studying without a study permit

In some cases, minor children do not need a study permit to study in Canada. These cases include:
•minor children attending kindergarten;
•minor children who are refugees or refugee claimants, or whose parents are refugees or refugee claimants; and
•minor children who are already in Canada with parents who are allowed to work or study in Canada, and who want to attend pre-school, primary or secondary school.

When minor children studying in Canada without a permit reach the age of majority (turn 18 or 19 depending on the province or territory), they must apply for a permit if they want to continue studying.

I am a landed immigrant, I have been since before having the children, who were born out of the country. I have kept my status over the years coming back and forth (my family is here) Basically, I have been lucky because I should have done the paperwork sooner but I left it due to life circumstances. Life can be complicated and we all do our best that's all I can say. I have been through difficulties (who hasn't) that set me back but I have wonderful children.
As for the school board, apparently they cannot deny any child under 18 a place in an Ontario school, especially if you have proof of your status in Canada and that the children are yours. I have a paper that says that all you have to have is photo ID for any child and they will be accepted. I don't know how it works outside of Ontario. When you apply for pr, you are only asked your marital status, not whether you have dependents. As I said earlier, I have just finished the two years I needed to keep my status, so now I can start the paperwork for sponsorship without worrying about proving my time in Canada. I am just worried that when they see their school records they will see the schools are here and penalize me for it. Anyway, what's done is done. It hasn't been easy but I would do it all over again if I had to Thankyou for your help

 

[lulubell]

You guys are amazing! Thank you all so much! This is so helpful you dont know how much I appreciate it

 

[MadeInCanada]

Great to hear about you having status here before having them. May sound odd, but should you not have included them and had the medical you would never have been able to sponsor them! whewf! I have read other stories here where that happened, it is terrible.

As it all seems legal and legit that they are in school here, I can't see it being problematic. With regards to being penalized. It will actually prove your intention to remain in Canada after your sponsorship is approved. As the children/you are already settled with employment/school/friends ect.

Sometimes life gets in the way of living, so I get what you were saying for sure.

Best of luck!!

Take Care
MadeInCanada

 

[Sweden]

It's up to each school board to decide whether they want to let children in school. Usually though, school boards are willing to let children study until the situation is cleared, as it's in the best interest of the children. BUt it's up to each school, so they are free to say no... it's always worth a try and a discussion with the school board.
As regards to your question : no, you won't be penalized. If they maintain their legal status, and now you don't have to worry about your PR status, you can sponsor them, and it should be fairly straightforward.
Sweden