Hello fellow practitioners. Today’s column deals with the appropriate immigration document for a parent accompanying a minor international student.
Reader’s question
I am inquiring about the situation of a minor child outside of Canada who has a letter of acceptance to carry out elementary or secondary studies in Canada. He will be applying for his own study permit. If the mother of the child wants to accompany her son during his studies as a custodian, what is the type of visa that the mother is eligible to apply for?
Answer
Unlike the situation of minor children who are accompanying international students or foreign workers to Canada, which gives them the right to study at the pre-school, primary or secondary level, there is no equivalence for parents accompanying minor children as international students. As a result, if a parent wants to be in Canada to take care of their minor child while they pursue studies, they will have to apply to enter Canada as a visitor.
If the parent is from a visa-exempt country or already has a valid Canadian tourist visa, they will be able to apply for their visitor status at the border. They may even be able to secure a Visitor Record for a longer duration than 6 months and it could be tied to the duration of the studies of their minor child. If the parent requires a visa to come to Canada and does not have one already, they will have to apply for a Temporary Resident Visa (TRV).
This is not to say that the parent accompanying an international student cannot apply for a different permit on their own right, yet one that is independent from the fact that their child is an international student. For example, we have seen a number of accompanying parents apply for study permits of their own (with the appropriate acceptance letter from a Designated Letter Institution), so that they can also study in Canada while they accompany their child. The parent of an international student could also potentially apply for a work permit, if they are eligible for one on their own and they have a corresponding job offer (if required).
What must be stressed here is that the mere fact that a parent is accompanying a minor student to Canada does not make them eligible for a particular work or study permit. This is different from the situation of a parent who is accompanying both a minor student and a spouse who is studying full-time or working in Canada, which could make them eligible for a spousal open work permit. However, this is by virtue of their relationship with the spouse, not the minor child.
It is also worth noting that parents accompanying certain international students as visitors may be eligible to enter Canada even under the current travel restrictions.
IRCC’s Program Delivery Instructions regarding Students – Travel to Canada: COVID-19 program delivery, specifically address how this type of travel to Canada may be considered non-discretionary.
[1]Immediate family members [of international students] may be eligible to travel to Canada if they will be
- establishing themselves with the student in Canada
- helping a minor child attending a school from kindergarten to grade 12 settle in Canada (1 parent)
Family members will need to show that their travel is non-discretionary. Parents or custodians requesting to travel with a student who is attending post-secondary studies (no longer a minor) would be considered discretionary unless they can provide proof that the student requires their care (for example, disability, doctor’s note).
[1] https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/coronavirus/temporary-residence/study-permit/travel.html [emphasis added]