Urgent: My work permit extension from inside Canada was refused 7 days ago, are my children allowed to study at elementary school right now?

[abrah]

Hi,
This is an Urgent case for me. I kindly ask if you could help me on the case for my children:

Now, I live in Canada with my family, My work permit extension application from inside Canada was refused 7 days ago (along with my children's visitor status and my wife Open Work Permit) and we are out of status now. I have 2 children going to a private elementary school (Grade 4 and Grade 1).

I want to know if they are allowed to continue their education now, as we have 90 days to leave Canada or apply for a restoration of status?

Thank you so much

 

[abrah]

Hi,
This is an Urgent case for me. I kindly ask if you could help me on the case for my children:

Now, I live in Canada with my family, My work permit extension application from inside Canada was refused 7 days ago (along with my children's visitor status and my wife Open Work Permit) and we are out of status now. I have 2 children going to elementary school (Grade 4 and Grade 1).

I want to know if they are allowed to continue their education now, as we have 90 days to leave Canada or apply for a restoration of status?

Thank you so much

I found this document in which it says:
If the child is in Canada without status, they don't need a study permit to enrol in a school
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/minor-children.html

Can anybody please help me on this, as I have to decide whether to send them to school or not!

 

[Naturgrl]

I found this document in which it says:
If the child is in Canada without status, they don't need a study permit to enrol in a school
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/minor-children.html

Can anybody please help me on this, as I have to decide whether to send them to school or not!

What province? If Ontario, your children cannot be denied the right to attend school. Assume you are making plans to leave the country, and you and your wife are no longer working.

 

[abrah]

Thanks you much for your reply.
We live in British Columbia, and we are not working anymore.
Is it possible to give me a link which could help me to find out more about it?

 

[Naturgrl]

Thanks you much for your reply.
We live in British Columbia, and we are not working anymore.
Is it possible to give me a link which could help me to find out more about it?

You need to go on the Provincial Education site and read through the BC Education Act. It is a right for children to attend school. Send them to school, or contact the school board. If denied, then get a lawyer.

The IRCC act states that "Every minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level. (Subsection 30 (2))" The issue is the middle part as you are not authorized to work or study.

 

[abrah]

You need to go on the Provincial Education site and read through the BC Education Act. It is a right for children to attend school. Send them to school, or contact the school board. If denied, then get a lawyer.

The IRCC act states that "Every minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level. (Subsection 30 (2))" The issue is the middle part as you are not authorized to work or study.

Thank you so much for your help. I'll talk to them today.
Could you please see this section too, in which it says:

"If the child is in Canada without status, they don't need a study permit to enrol in a school"
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/minor-children.html
Does it allow them to study?

 

[Buletruck]

Thank you so much for your help. I'll talk to them today.
Could you please see this section too, in which it says:

"If the child is in Canada without status, they don't need a study permit to enrol in a school"
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/minor-children.html
Does it allow them to study?

"Minors who don’t have a study permit must have valid visitor status during their stay in Canada."

This is the part to watch. If your children's application was refused, they no longer have status.

 

[Naturgrl]

Thank you so much for your help. I'll talk to them today.
Could you please see this section too, in which it says:

"If the child is in Canada without status, they don't need a study permit to enrol in a school"
https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/minor-children.html
Does it allow them to study?

Status as a student is what this most likely means because most kids have a valid TRV. Your kids have neither.

 

[canuck78]

Hi,
This is an Urgent case for me. I kindly ask if you could help me on the case for my children:

Now, I live in Canada with my family, My work permit extension application from inside Canada was refused 7 days ago (along with my children's visitor status and my wife Open Work Permit) and we are out of status now. I have 2 children going to a private elementary school (Grade 4 and Grade 1).

I want to know if they are allowed to continue their education now, as we have 90 days to leave Canada or apply for a restoration of status?

Thank you so much

No they technically don’t have a legal right to attend school. The likelihood of them being asked to leave while you are making plans to leave Canada is very low.