Hello fellow practitioners! This week’s question deals with getting a letter of acceptance for a minor child outside Canada whose parents have been approved for a work permit.
Question
I have a question regarding minor children of work permit holder parents skill level C and D. Parents came on TRV to Canada then obtain the work permit inside Canada.
Now two minor children’s age 14&16 are back in home country. If they apply for study permit outside Canada for kids do they need letter of acceptance from school catchment or school
district.
How does this process work?
Answer
This week’s question deals with letters of acceptance for the application of study permits for two minor children who are outside of Canada whose parents are temporary residents and are authorized to work in Canada.
To begin, as per s. 30(2) of the Immigration and Refugee Protection Act (“IRPA”) the two children are allowed to study at the primary and secondary level in Canada, without a study permit, as long as one or both parents are authorized to study or work in Canada. This is not determinative of the type of skill level of the work permit that the parents hold. This also means that the minor children do not require a letter of acceptance. As Immigration, Refugees, and Citizenship Canada (“IRCC”) notes:
If the child is alone or with a parent who is a temporary resident and has a study or work permit the only documents needed are the child’s passport or child listed on the parent’s passport. The child may have a visitor record. The parent has a study or work permit. The child does not require a study permit.
The child may have either a visitor record or a study permit when entering Canada. The child is authorized to study without a study permit if he or she has only the visitor record or a Canadian entry stamp on his or her passport.[1]
While this may be true of s. 30(2) of the IRPA and IRCC, in practice our firm has found that this is not always the case. In making applications similar to the case above, we have found that if a child is applying to come to Canada, to accompany a parent authorized to work or study in the country, and they are not from a visa-exempt country or do not currently hold a temporary resident visa (“TRV”), then they should apply from the beginning for a study permit. Officers have rejected visitor visa applications for the minor child in similar situations, requiring instead that they make an application for a study permit.
Under s. 219(2)(a) of the Immigration and Refugee Protection Regulations (“IRPR”), a minor child is still exempt from the requirement for a letter of acceptance for:
a family member of a foreign national whose application for a work permit or a study permit is approved in writing before the foreign national enters Canada
This means then that the minor child’s ability to study in Canada will be tied to the length of the study or work permit of their parents or legal guardians.
As the two minor children’s parents, in this case, meet these requirements, they would not require a study permit, and as such a letter of acceptance, however, as was stated above, it is recommended that the two minor children should still make that application for a study permit, as they would not be coming from a visa-exempt country, and do not currently possess a TRV. In making the application, they should include a letter that outlines that under s. 219(2)(a) of the IRPR they are still exempt from the requirement of a letter of acceptance.
In answering the question directly, if a foreign national is applying for a study permit and their parents or legal guardians do not have authorization to work or study in Canada, and a letter of acceptance is required, then they will need to get a letter of acceptance from a Designated Learning Institution (“DLI”).
A DLI is defined in s. 211.1 of the IRPR. For minor children who would be coming to Canada to study in either a primary or secondary school, this is defined as follows in 211.1(a)(iii)-(iv):
(a) the following learning institutions:
· (iii) if a province has entered into an agreement or arrangement with the Minister in respect of primary or secondary learning institutions in Canada that host international students, a primary or secondary learning institution located in the province that is designated by the province for the purposes of these Regulations on the basis that the institution meets provincial requirements in respect of the delivery of education, and
· (iv) if a province has not entered into an agreement or arrangement with the Minister in respect of primary or secondary learning institutions in Canada that host international students, any primary or secondary level learning institution in the province;
As all primary and secondary learning institutions are automatically designated, unless there is an arrangement or agreement with the Minister, the IRCC states that when applying for a study permit “Officers may enter the name of the institution or school district in the designated learning institution field in GCMS” [emphasis added].[2]
Therefore as per the question, if they were to obtain a letter of acceptance, this would be required from a school district and not from a school catchment.
Please note that due to the Covid-19 pandemic, the government required that DLIs have a Covid-19 plan approved by the province or territory prior to opening to international students who are currently outside Canada. As of right now “All public and independent (private) primary and secondary schools are approved to reopen to international students.”
For further information on Covid-19 and DLIs please see the following link:
[1] https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/study-permit/prepare/minor-children/need-permit.html
[2] https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/designated-learning-institutions.html