+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Minor under visitor visa wanting to extend stay for a student visa

Jeptheld

Member
Mar 27, 2013
11
0
hello,

I am a canadian citizen and i have an illegitimate daughter who arrived here in Canada under a visitor visa last March 2018. We had an issue of getting her PR application processed because she was not medically examined back then when I declared her as my dependant.
I read that she can attend up to secondary school here in Canada free of charge even under a visitor visa since one of her parent is a citizen. But I wanted to know:
1. if there is a chance we could apply to change her status as a student? Or extend her stay as a studnet instead of as a visitor?
2. How can we do that? Do we apply outside or inside canada?
3. Can we apply in the port of entry? Like say we go to the US and apply in the port of entry? Or do we have to go back to her country of origin and apply from there?

Thanks in advance for any info you may have regarding my situation.

Earl
 

canuck78

VIP Member
Jun 18, 2017
53,369
12,879
Guessing you didn't include her when you applied for PR? Are there any documents that confirm that you are her father like her passport or birth certificate.
 

Jeptheld

Member
Mar 27, 2013
11
0
Guessing you didn't include her when you applied for PR? Are there any documents that confirm that you are her father like her passport or birth certificate.
I did include her but her biological mom would not cooperate to get her medically examined back then. But she had a change of heart now and wanted us to get our daughter to stay here with us. She is now here visiting (visitor visa) and is already enrolled in 5th grade this coming september. But i wanted to know if its possible to apply a student permit for her as a minor within canada instead of extending her stay as a visitor? And how can we do that of its possible?
 

canuck78

VIP Member
Jun 18, 2017
53,369
12,879
So she wasn't included if her medical wasn't done? The local school board may have let you register her but you won't be able to extend her visa forever. That would allowing her to stay in Canada although you didn't declare her.
 
  • Like
Reactions: Bryanna

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I did include her but her biological mom would not cooperate to get her medically examined back then. But she had a change of heart now and wanted us to get our daughter to stay here with us. She is now here visiting (visitor visa) and is already enrolled in 5th grade this coming september. But i wanted to know if its possible to apply a student permit for her as a minor within canada instead of extending her stay as a visitor? And how can we do that of its possible?
This is EXACTLY the reason why IRCC give people such an incredibly hard time when excluding a dependant. People change their mind or circumstances change. As you are now aware, under IRPR 117(9)(d) she is forever excluded as a member of the Family Class and can never be sponsored by you.
 

Jeptheld

Member
Mar 27, 2013
11
0
This is EXACTLY the reason why IRCC give people such an incredibly hard time when excluding a dependant. People change their mind or circumstances change. As you are now aware, under IRPR 117(9)(d) she is forever excluded as a member of the Family Class and can never be sponsored by you.
Yes, we are completely aware that she is technically excluded from the family class and no need of you to itinerate that.
Its not that we purposely wanted to exclude her and by pass immigration laws. Like you have said, people change their minds (as to our case its the other party) and circumstances too. Sorry if we are one of those people who is making it hard for IRCC to deliver their job in processing applications. But they should know that this would be the case for more or less of the applications. Besides, i thought one of their goals is for family reunification. Why then it has to be this complicated.
Anyways, thanks for ur comment but All i wanted to know is if there is a way or possibility to atleast apply for a student visa for her within canada instead of extending her visa as a visitor.
Thanks
 

Jeptheld

Member
Mar 27, 2013
11
0
So she wasn't included if her medical wasn't done? The local school board may have let you register her but you won't be able to extend her visa forever. That would allowing her to stay in Canada although you didn't declare her.
Thanks but we’ll take the chances of renewing her visit visa everytime. Atleast she is here with us already. Im sure there is a way to get her a student visa instead
 

canuck78

VIP Member
Jun 18, 2017
53,369
12,879
Your other issue is health insurance. Depending on the province your child may qualify if there are documents proving that she is your child like her birth certificate or passport. I also assume that when applying former TRV you were honest and indicated she was visiting her father.