Which type of visa?

[Tammy Machin]

Hi - I have a question which I need advise with please. My husband is a Canadian Citizen by decent and he has re located with our 3 children to live in Canada for 3 years. They initially entered in August 2018 using their British Passports with their ETA, and had planned to get their Canadian citizenship, once they arrived. However we didn't realise they weren't eligible for this as their father was a citizen by decent. They have been in rolled into 3 schools, 2 of which are state and one private since September 2018. They do not need visas to be enrolled into schools in Vancouver as their father is a Canadian Citizen. They also have their MSP cards because their father is Canadian. However what they dont appear to have is status as they have been here since August 2018.

We obviously need to make sure they are legally here and we need to get some documentation. Having tried to get them Canadian Citizenship, we then decided to do a family sponsorship, however this is clearly a lengthy process and not one we really need as I visit but am based in uk, so we then decided to apply for their Student Visas (which they don't need but would give them the relevant document for immigration) - however as they haven't left the country for almost a year, I believe them to be restoration of status on the form. Is this correct? It would be their first study visa. Or can we still apply for their first study permit? any advise welcome. Many thanks

 

[k.h.p.]

If they've been here since August 2018, you're running out of time to restore a visitor status, which can only be done within the first 90 days of the initial status expiring (which would be February, 2019) - you may be very close to running out of time depending on when they arrived in Canada.

They are likely to be denied many visas because their father is Canadian and they live in Canada. They will need to prove ties and reasons to leave Canada once their studies are complete - and is that you're intention?

Additionally, if they are not Canadian because of ineligibility, and are taking classes that are longer than six months, they actually need a study visa but you may not have communicated their non-Canadian status to the schools properly. They need a visa if they are not Canadian, but schools may have assumed - like you did - that they had citizenship based on their father.

You need to sort out what you want them to do. School in Vancouver? Get PR, because once everyone figures out they're not Canadian and not PRs, they're going to be asking you for a lot of money and visas.

 

[Tammy Machin]

They are currently in schools and have been since August 2018. Basically they fall between all visas and yes we are here for 3 years for my husbands work. It think your right, we should be applying for a study permit from within Canada. The schools are well aware of their citizenship and they are eligible due to be children of a Canadian Citizen. Thank you for your help.

 

[k.h.p.]

They are currently in schools and have been since August 2018. Basically they fall between all visas and yes we are here for 3 years for my husbands work. It think your right, we should be applying for a study permit from within Canada. The schools are well aware of their citizenship and they are eligible due to be children of a Canadian Citizen. Thank you for your help.

They don't fall between visas. If they are minors, they may not actually need study visas: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/eligibility.html

And you're confident that the schools are aware that they are non-Canadians, not on a study visa? Are they charging you domestic tuition or international tuition?

 

[Tammy Machin]

You are right, they don't need a study visa, as they are minors of a Canadian Citizen. The schools are very aware as they have passports, birth certificates, husbands passport and Canadian citizenship documents. They are legally allowed to be at school here, however we thought, mistakenly that they would be able to get Canadian Citizenship when they arrived here, not realising my husband is Canadian by decent and the rules were different. So although they don't 'need' a Study Visa we don't know which else to get them? And the schools are charging Domestic as they live in Canada and my husband pays taxes. Its really just which Visa we should be applying for as we have tried a couple of times for Citizenship and haven't got the correct id documents for it. If we get them Study Visas it then gives them status for such things like Driving License etc and for piece of mind they are here legally. And we haven't been able to find anyone who can advise us from the immigration office on which visa we should be applying for.

 

[k.h.p.]

How old are they, and how far are they from graduation? You mention driving licenses, so that's 16 - and if they are no longer minors, they require study permits for studying...

If you're really only planning on having them in Canada for three years, you could try to start by applying for a temporary resident permit to cover the entire length of their stay in Canada, but I'm not sure. If they may want to live in Canada after they graduate, or study at university in Canada, they need PR - their father's citizenship would not be sufficient to get domestic tuition.

You may need a lawyer. Try the firm that hosts these forums.

 

[Tammy Machin]

11, 14 and 16, so classed as minors. I think a TRP is similar to a study permit in which it gives you a finite time in the country. And yes the plan is for them to come back to UK in 2021, unless one wants to stay for Uni and then we will cross that bridge then. Basically we just need a visa for them to give them status but you can understand now why I said at the beginning they fall between the different visas sadly. But thank you for your help.

 

[k.h.p.]

Well, TRP or study. But talk to a professional.

Remember that it takes at least a year to cross the PR bridge - so think about it early and often.

 

[Tammy Machin]

TRP - you need to live outside Canada - so I think it has to be study permit from within. Do you know of any government professional bodies we can talk to without paying a lawyer? thanks for the tip for PR -

 

[scylla]

TRP - you need to live outside Canada - so I think it has to be study permit from within. Do you know of any government professional bodies we can talk to without paying a lawyer? thanks for the tip for PR -

There aren't any. You would need to hire a lawyer.

The only government resource available is the CIC call centre and they are useless for all but the most basic questions.

Recommend you apply for restoration asap before they end up outside of the 90 days.