Minor visitor record of work permit holder parent

[monysunny]

Received visitor record of minor who is accompanied by his parents. Parents has work permit. But visitor record has conditions. 'Unless authorzed prohibited from attending any educational institution or taking any academic, professional vocational courses in Canada. Now usually IRCC authorises minor attending secondary school to study in Canada while dependent parents are on work permit. Now is this an error from IRCC officer? Can we ignore this?

 

[YVR123]

Received visitor record of minor who is accompanied by his parents. Parents has work permit. But visitor record has conditions. 'Unless authorzed prohibited from attending any educational institution or taking any academic, professional vocational courses in Canada. Now usually IRCC authorises minor attending secondary school to study in Canada while dependent parents are on work permit. Now is this an error from IRCC officer? Can we ignore this?

What do you mean? If the child needs to go to school while parents are working under temp work permit, the child needs a study permit. A visitor record won't allow him/her to study.
There is no "usually". It's a permit application which can be approved or not.

 

[CanGoldDigger]

Study permits: Guidelines on minor children

Is a study permit required? [A30(2)]
Minor children already in Canada are authorized to study without a study permit at the pre-school, primary or secondary level if

• they are either accompanying parents claiming refugee status or are claimants themselves;
• one of their parents (biological or adoptive) is a Canadian citizen or permanent resident;
• one of their parents (biological or adoptive) is authorized to work or study in Canada; this includes temporary residents who are
  • work permit holders,
  • study permit holders,
  • visitor status holders (e.g., visitor record holders) who are either authorized to work without a permit, as per section 186 of the Immigration and Refugee Protection Regulations (IRPR), or authorized to study without a permit, as per section R188; or
• neither parent is physically in Canada.

Minor children intending to study are required to apply for a study permit before entering Canada.
It should be noted that minor children of a temporary resident (visitor) who is not authorized to work or study require a study permit to study in Canada.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/guidelines-on-minor-children.html

 

[monysunny]

Hi,
Previously on visitor record he studied in Canada at Secondary school. Now after the extension of the visitor record, we received the visitor record with the condition :unless authorized.....". Previous visitor record didn't had this condition. What to do? Should we go to the border to remove the condition or wait until our next work permit extension. I am just worried what if it turns into unauthorized study?

 

[canuck78]

Received visitor record of minor who is accompanied by his parents. Parents has work permit. But visitor record has conditions. 'Unless authorzed prohibited from attending any educational institution or taking any academic, professional vocational courses in Canada. Now usually IRCC authorises minor attending secondary school to study in Canada while dependent parents are on work permit. Now is this an error from IRCC officer? Can we ignore this?

The studying the are refereing to is post-secondary studies. That said I would verify with your local school board if they require proof of a study permit or whether a visitor records and proof of your WP is adequate. How old is your child and in what grade? Are you working in Canada and when does your WP expire?

 

[CanGoldDigger]

Your minor children already in Canada are authorized to study without a study permit at the pre-school, primary or secondary level if you have a work permit.

 

[CanGoldDigger]

The studying the are refereing to is post-secondary studies. That said I would verify with your local school board if they require proof of a study permit or whether a visitor records and proof of your WP is adequate. How old is your child and in what grade? Are you working in Canada and when does your WP expire?

School staff often don't have any idea. And if you ask them about it, they say "yes", that they need a study permit, but they just want to be safe from my understanding.

 

[GandiBaat]

Hi,
Previously on visitor record he studied in Canada at Secondary school. Now after the extension of the visitor record, we received the visitor record with the condition :unless authorized.....". Previous visitor record didn't had this condition. What to do? Should we go to the border to remove the condition or wait until our next work permit extension. I am just worried what if it turns into unauthorized study?

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/eligibility.html

Minor children in Canada
Minor children don’t need a study permit if

• they’re refugees or refugee claimants
• their parents are refugees or refugee claimants
• their parents are Canadian citizens or permanent residents of Canada
• they’re in Canada attending preschool, primary school or secondary school, and they are accompanied by a parent who has authorization to study or work in Canada
• they’re in Canada unaccompanied, and they’re attending preschool, primary school or secondary school

Why you may still want them to get a study permit
Having a valid study permit means the minor may be able to

• get a secondary school co-op work permit
• have access to social services in some provinces or territories
• move between education levelswithout needing to change or apply for a new permit
  • When minor children reach the age of majority (18 or 19 years old, depending on the province or territory), they must apply for a study permit if they want to keep studying.

Learn more about minors studying in Canada.

So "Unless authorised" part is applicable but that kid is authorised IMHO. Ask a lawyer for an authoritative answer.

More details : https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/minor-children.html

Who is a minor child
Each province and territory decides the age when a person becomes an adult. This is known as the age of majority. A person under the age of majority is a “minor child”.

Province or territory	Age of majority
Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, Saskatchewan	18
British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Yukon	19

Find out if your child needs a study permit
The following table summarizes whether a minor child at the primary and secondary school level needs a study permit to enrol in a school. School authorities may also use the table to help determine when school fees apply.

If the child is…	Documents needed	Study permit required
a Canadian	Passport, citizenship card or birth certificate	No
a permanent resident	Record of Landing (IMM 1000), Confirmation of Permanent Residence (IMM 5292) or Permanent Resident Card	No
a foreign national (either inside or coming to Canada) accompanied by a parent who is a Canadian citizen or permanent resident of Canada	Child’s passport, child’s birth certificate, or Permanent Resident Card	No
a foreign national coming to Canada with a parent who will have temporary resident status as a visitor once they’re in Canada does not have a work or study permit	Child’s passport	Yes
already in Canada with a parent who has temporary resident status as a visitor does not have a work or study permit	Child’s passport	Yes
a foreign national coming to Canada and is accompanied by a parent with a study or work permit	Child’s passport	Yes
a foreign national coming to Canada and is not accompanied by a parent	Child’s passport	Yes
already in Canada with a parent who has a study or work permit or already in Canada but neither parent is in Canada	Child’s passport. The child may have a visitor record. The parent has a study or work permit.Footnote1 It’s recommended that the child get a study permit, even though it’s not required.	No
a refugee claimant or their parents are refugees or refugee claimants	Determination of Eligibility letter from IRCC. Child’s passport, or any available travel or identity documents. May also have an expired IRCC document.	No
in Canada without status	Child’s passport or child listed on a parent’s passport, or any available travel or identity documents. May also have an expired IRCC document.	No

 

[YVR123]

The studying the are refereing to is post-secondary studies. That said I would verify with your local school board if they require proof of a study permit or whether a visitor records and proof of your WP is adequate. How old is your child and in what grade? Are you working in Canada and when does your WP expire?

So why do temporary workers and foreign need to apply for study permit for their school age children.
They can just all come in TRV oreTA and study. This is confusing.

 

[canuck78]

So why do temporary workers and foreign need to apply for study permit for their school age children.
They can just all come in TRV oreTA and study. This is confusing.

This seems to be primarily driven by VOs and assume IRCC. Also allows IRCC to approve study permits that have same expiry date as parents’ WPs or SPs.

 

[canuck78]

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/eligibility.html



So "Unless authorised" part is applicable but that kid is authorised IMHO. Ask a lawyer for an authoritative answer.

More details : https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/minor-children.html

There does seem to be certain schools boards that are more demanding in terms of proof that children are entitled to attend public school for free. I assume there have been cases of abuse and large number of children attending as visitors. Many assume that public school is free for anyone who is in Canada so visitors have been known to register their children for school not realizing they aren’t entitled to free public education. Also have been cases where stepparents may be the ones with non-visitor status. To make things even more confusing some boards are in sanctuary cities so that can lead to confusion. There is a lack of consistency between school boards and VOs when it comes to the visitor record vs study permits for those between 4-18 yrs old. In my opinion should be study permits with same expiry date as the parent’s SP or WP since many don’t realize that their children have only been granted a 6 months visitor record that they’ll need to extend if they don’t ask for a longer period upon entry.

 

[GandiBaat]

There does seem to be certain schools boards that are more demanding in terms of proof that children are entitled to attend public school for free. I assume there have been cases of abuse and large number of children attending as visitors. Many assume that public school is free for anyone who is in Canada so visitors have been known to register their children for school not realizing they aren’t entitled to free public education. Also have been cases where stepparents may be the ones with non-visitor status. To make things even more confusing some boards are in sanctuary cities so that can lead to confusion. There is a lack of consistency between school boards and VOs when it comes to the visitor record vs study permits for those between 4-18 yrs old. In my opinion should be study permits with same expiry date as the parent’s SP or WP since many don’t realize that their children have only been granted a 6 months visitor record that they’ll need to extend if they don’t ask for a longer period upon entry.

Well IRCC recommends getting a SP anyways. But yeah, I know my friends kid attended his entire elementry school while on Visitor Record. That being said it is just this school district in victoria which was fine with it.

Having SP helps. Kids then can get a provincial healthcare card. Kids sometimes doing sports get hurt.

 

[YVR123]

Well IRCC recommends getting a SP anyways. But yeah, I know my friends kid attended his entire elementry school while on Visitor Record. That being said it is just this school district in victoria which was fine with it.

Having SP helps. Kids then can get a provincial healthcare card. Kids sometimes doing sports get hurt.

I know a friend's kid is paying international fee at secondary/high school because his parent who is a Canadian (citizen) is not living in Canada (non-resident in real and as tax resident).
The kid himself is a citizen too. That's North Vancouver.

 

[GandiBaat]

I know a friend's kid is paying international fee at secondary/high school because his parent who is a Canadian (citizen) is not living in Canada (non-resident in real and as tax resident).
The kid himself is a citizen too. That's North Vancouver.

Hmmm.. Typically if you have family living in Canada, you are considered resident for tax purposes in Canada. But then I have not been on that path so I do not know.

 

[YVR123]

Hmmm.. Typically if you have family living in Canada, you are considered resident for tax purposes in Canada. But then I have not been on that path so I do not know.

I know. I guess he is willing to pay for international fee vs considered as tax resident.
I have no idea as well. (Not very close to the parent so can't find out about this)