Obtain A Study Permit for A Minor Child - Immigration Law Firm

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Obtain A Study Permit for A Minor Child

Obtain-A-Study-Permit-for-A-Minor-Child

Bring Your Children to Study in Canada

Canada’s schools system is often spoken about worldwide, and is widely respected for being a world-renowned education system. This is why many students come to Canada from all over the world to pursue their post-secondary education. Though, post-secondary students are not the only ones who can benefit from Canada’s education system. In fact, the Canadian government has lower eligibility requirements for minors to be able to come and study in Canada. Throughout this article, I will explain what it takes, to allow your child to be eligible to study in Canada.

What is a Minor to the Canadian Government?

First and foremost, it is important to be aware that these alternative requirements to study in Canada are only applicable to individuals who would legally be minors in Canada. This is different than being a “dependent” in the eyes of the Canadian government, and for the purposes if immigration. A minor is an individual who is under the “age of majority.” This fluctuates depending on which province you are in.

 

Age of Majority is 18

Age of Majority is 19

Alberta

British Colombia

Manitoba

New Brunswick

Ontario

Newfoundland and Labrador

Prince Edward Island

Northwest Territories

Quebec

Nova Scotia

Saskatchewan

Nunavut

 

Yukon

 

Do Minor Children Require A Study Permit?

Most minor children need to apply for a study permit to study in Canada, though; there are a variety of exceptions. Following are the exceptions.

  • The minor child is attending Kindergarten
  • The minor child is accompanied by parents that are refugees or refugee claimants, or, the child is a refugee claimant themselves.
  • One of the child’s parents is a Canadian citizen or permanent resident of Canada
  • One of the minor child’s parents is already permitted to work or study in Canada.

You Will Need/ Will Not Need A Study Permit If…

 

The child is a foreign national accompanied by a parent in the visitor class studying in a grade higher than kindergarten.

 

YES

The child is alone or with a parent who is a temporary resident and has a study or work permit

 

NO

The child is a refugee claimant, accompanied or not by a parent

 

NO

The child is in Canada without status

 

NO

 

What Do I Need to Apply for a Study Permit?

To apply for any study permit, you need a letter of acceptance from the designated learning institution you intend to attend once you enter Canada. You are exempt from this requirement if the minor is in Canada with a family member who has a study or work permit, and who obtained this before entering Canada.

Special Requirements

There are some special requirements when applying for a study permit for a minor child. Because the individual applying for the study permit is under the age of majority, and will be alone in a foreign country, the minor child must be under the care of a responsible adult. Generally, to be eligible to enter Canada, individuals have to prove they can take care of themselves for the duration of time; they are in Canada, financially and otherwise. If you are a child who is financially dependent on your parents, then you clearly cannot prove that you can take care of yourself, without any additional assistance. The individual who agrees to take care of you does not need to be a parent. If you are unable to live with a parent or guardian then a custodian is required, and one can be appointed. To appoint a custodian you need to send the Custodianship declaration form with your application. Please note this requirement does not necessarily stand for individuals 17 and older. Once the applicant is 17, the custodial requirement is at this discretion of the immigration officer who reviews the application.

Legal Requirements of a Custodian

Being the custodian of a minor child is a big responsibility. You have legally agreed to take care of this child in the same manner a parent or guardian would, for the duration of their stay in Canada. This means providing both financial and emotional care. Also, this means in the case of an emergency they must fulfill the obligations of a parent or guardian, and provide the care necessary for a child. Though you have legally agreed to take care of the child, and must provide the same standard of care a parent would, you are not legally liable for the child in the same ways a parent is. For example, this means, if the child were to get in trouble with the law, you are not legally responsible for their wrong doing, whereas a parent would be.

Contact Akrami & Associates

If you would like to come to Canada as a minor to study, but are unsure if you need a study permit, it is important to take all of the aforementioned information into consideration before applying. Study permit applications are difficult to pursue on your own, especially if you are unfamiliar; it is highly recommended that you seek out professional and experienced help before attempting to apply. Furthermore, it is very important you determine, before trying to enter Canada, whether the child accompanying you will need a study permit in order to attend a Canadian school. Here, at Akrami & Associates, we work and have experience with many different immigration issues. We have helped many of our clients enter Canada to pursue studies with and without obtaining a study permit. If you believe that you may be eligible to apply for a study permit or if you would like assist with determining whether you need a study permit or not, please feel free to contact Akrami & Associates at our office at 416-477-2545 for more information or if you would like to book a consultation with an immigration professional for more advice.

With Akrami & Associates, there is always a way!

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