Study Permit or Visitor Record for a Minor?
Question from the ICN LinkedIn page: Maria is a 12-year-old minor legally residing in Canada with her parents. Her mother is an international student enrolled in a university program. Her parents are uncertain whether Maria needs to apply for a visitor record or a study permit to extend her stay and continue her education in Canada.
What is the correct course of action for Maria?
The correct answer is Visitor Record.
Explanation:
Maria, a 12-year-old minor legally residing in Canada with her mother (who holds a valid study permit), can study in Canada under A30(2) of the Immigration and Refugee Protection Act (IRPA) without requiring a study permit. This provision allows minors to attend primary or secondary school based on their parent’s temporary resident status and permission to work or study (in this case, her mother’s study permit).
Why a Visitor Record is the Best Option:
- No Study Permit Needed:
- Under A30(2), Maria is authorized to study at a primary or secondary school as a dependent of her mother, who is a study permit holder. Applying for a study permit is unnecessary and adds administrative and financial burdens, such as obtaining a Letter of Acceptance (LOA) and potentially paying school tuition fees.
- Maintaining Legal Status:
- While Maria does not need a study permit to attend school, she must maintain her legal status in Canada. Applying for a Visitor Record ensures she remains in compliance with the immigration Act and won’t breach A41(a) of IRPA, which requires all temporary residents to maintain valid status. Failure to do so could result in:
- A breach of immigration conditions.
- A potential removal order.
- Jeopardizing future immigration applications for Maria or her family.
- While Maria does not need a study permit to attend school, she must maintain her legal status in Canada. Applying for a Visitor Record ensures she remains in compliance with the immigration Act and won’t breach A41(a) of IRPA, which requires all temporary residents to maintain valid status. Failure to do so could result in:
- Cost-Effective and Practical:
- A Visitor Record is simpler and less costly than applying for a study permit. It allows Maria to remain in Canada lawfully and continue her studies without unnecessary administrative steps.
What Would Happen if Maria Doesn’t Extend Her Status:
If Maria’s temporary resident status expires, she would be in violation of A41(a), which could lead to enforcement actions, including a removal order. This would negatively impact her and her family’s future applications.
Conclusion:
Maria should apply for a Visitor Record to maintain her legal status in Canada. This approach complies with Canadian immigration laws and ensures she can continue her education without unnecessary financial or administrative burdens.
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Al Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor, Queen’s University Faculty of Law
Instructor, Ashton College, Immigration Consulting Program
Author of 88 Tips on Immigration to Canada and Inadmissibility to Canada for Human Rights Violations
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