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International Students Part 3 – Studying in Primary or High School in Canada

11/8/2018

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Over the past few weeks I have written about international students that choose to study in Canada. Typically when we think about international students we think of college and university students pursuing post-secondary education. This week I want to turn to another group of international students: minor international students studying in Canada at the primary and secondary school level.

Why Do Families Choose Canada?
There are different reasons why a family may choose to have their minor child study in Canada as an international student: the child may be accompanying his or her parents as they work or study in Canada, or the family may have an immigration application in process and want their child to have a head start and study in Canada before the family receives their immigration status. However, in an increasing number of cases families are choosing for their minor children to study in Canadian primary and secondary schools and obtain a Canadian high school diploma.

The numbers are interesting and while there are no official number released for 2018 yet, the number of international students applying to the school boards in Ontario and British Columbia has increased significantly in the past five years.

Which School Should We Choose?
Minor children have the option to choose between a number of different school options: public schools, Catholic schools and private schools. Depending on the type of experience that the child or child's family is looking for it is possible to find a school that is suitable. Some schools offer homestay opportunities that allow their students to live with a local family. There are also boarding schools that allow students to live in the school's dormatories. While there are many different school options, if you are looking to enrol in a private school it must be certified by the provincial Ministry of Education as a registered private school.

If you would like your child to study in Canada you should start the application process as soon as possible because spaces in schools fill up and you have to act fast to get into the most popular schools.

At What Age Should Minor Students Come To Canada?
It is possible to study from grade 1 to 12 as a minor student. However, the most popular grades are in high school, and particularly grade 11 and 12, that allow students to become familiar with the Canadian education system, improve their English and have a better chance of entering Canadian post-secondary education.

Who is a Custodian?
Across Canada the age at which a child is considered a minor is different. For example in Ontario it is children under 18 but in British Columbia it is children under 19. If a minor child is studying in Canada they must either be living with their parent or legal guardian, or they must have a custodian. A custodian is a responsible adult, who is a Canadian citizen or permanent resident who will take care of and support the minor child.

In the case of younger children it is often advisable that they be accompanied by at least one parent and we routinely obtain visitor visas for parents to accompany younger children studying in Canada. However, where a parent cannot accompany the child a suitable custodian can be selected and the custodian must undertake to take care of the child in Canada. A custodian can be a close family member such as an aunt or uncle or trusted family friend. If it is not possible to find such a person there are companies that provide custodianship services.

Unfortunately there is no clear federal or provincial program to oversee the custodians for international students, therefore it is extremely important for parents to ensure that they find qualified custodians for their children. The government will likely have to create a framework for supervision of custodians in the future as the number of minor international students increases across Canada.

Do Minor Students Need A Study Permit?
Students that want to enrol fulltime in a school in Canada, for studies that are longer than 6 months long, must have a valid study permit. Depending on the circumstances of each case an immigration lawyer can advise you of the required documents for the study permit application. It is important to note that one of the most important requirements in order to obtain a study permit is for the child's family to demonstrate that they will be able to cover all the expenses related to the child's studies and stay in Canada.

If you are interested in having your child study in Canada you must apply as early as possible as processing of study permits can take several weeks, and can become more complicated if coupled with a visitor visa application for an accompanying parent.  
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2018 Immigration Outlook

11/1/2018

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2017 was a big year of changes for immigration laws in Canada with new programs and developments in existing immigration programs. For the most part Canada's stance in welcoming immigrants was in contrast to negative views towards immigration in the US and much of Europe. As 2018 begins, what can we expect to see in Canada?

Citizenship
Changes to the Citizenship Act came into effect in October 2017 making it easier and faster to obtain Canadian citizenship. This created a rush in new applications and Immigration, Refugees and Citizenship Canada (“IRCC”) reported that they received more than 30,000 new applications in the first two weeks after the changes, more than double what they would have received in each month prior to the change. This will likely mean longer processing times but we hope that the efficient processing of the past two years will continue and IRCC can keep processing times from spiralling out of control.


Express Entry

The Express Entry (“EE”) system of selecting immigrants is still the largest source of economic immigrants to Canada. In 2017 over than 85,000 applicants were invited to apply through the EE system, more than the number of total number of invitations issued in 2015 and 2016. IRCC has made improvements to the EE system in late 2016 that allowed more applicants to qualify. We have also seen the minimum score required to be invited under EE come down to as low as 413 points (May 2017) and if Canada is to meet it's target of attracting one million new immigrants over the next three years there will likely be further downward pressure on the minimum score and we will see more applicants qualify under EE.


Family Sponsorship

The process of registering for the parent and grandparent sponsorship program was changed in 2017 to a lottery system and the same system is in place this year, albeit with some minor changes. IRCC is again set to select 10,000 applicants under this program to fill its annual quota.

The spousal sponsorship program also made news in 2017 as IRCC worked to meet the target of processing these applications within 12 months. By the end of 2017 the average processing time across all visa offices was 12 months, a significant improvement on previous years where families sometimes had to wait years to be reunited in Canada.


New Definition of Dependent Child

IRCC's definition of eligible “dependent children” changed in October 2017 to include children up to 22 years of age. For new applications can now include these dependent children, and in some cases applicants have until 31 January 2018 to add qualifying dependent children to existing permanent residence visa applications.


Provincial Nominee Programs

Provincial Nominee Programs (“PNPs”) allow provinces to identify and select potential immigrants for settlement in their local economy and labour market. While PNPs have existed for many years, the provinces have spent 2017 expanding their programs, providing qualified applicants with more options for settling in towns and cities across Canada. IRCC's target for 2018 is to process 55,000 PNP applications.


Global Talent Stream and Two Week Processing

In June 2017, IRCC introduced the Global Talent Stream (“GTS”) allowing for fast-tracked processing of Labour Market Impact Assessments leading to work permits in as little as two weeks. The program is focused on areas where there are significant labour shortages, particularly in technology related fields, and has so far been a great success in helping Canadian companies attract and bring in much needed employees to develop and grow their businesses in Canada. Amazon and Facebook opened new offices in Canada in 2017 after Google, Apple and Microsoft all expanded their operations in Canada in 2016. These companies, along with hundreds of start ups and medium sized companies are looking to hire workers with the help of the GTS.

For now the GTS is a pilot program but if it continues to build on the success of its first six months we hope that IRCC will keep and expand the program to give Canadian businesses a competitive advantage.

​While 2017 was a year of big changes, there always room for the government to surprise us again in 2018. As Canada works towards its target to admit one million immigrants over the next three years we are likely to see more changes and immigration programs introduced this year.


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Increase in Age of Dependent Children Allowed in Immigration Applications

10/11/2017

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Who qualifies as a “dependent child” in a Canadian immigration application? The answer to this important changed on October 24, 2017 when new regulations came into effect allowing certain young adult children to be included in their parents’ immigration application. The aim of these changes is to allow more families to remain together as a family unit and avoid breaking apart families with a view to making Canada a more attractive immigration destination.

Under the age definition of “dependent child”, an applicant for immigration can include his or her children who are below 22 years of age and are unmarried and not in a common-law relationship. In certain circumstances a child who is 22 years and older but has relied financially on his or her parents due to a physical or mental condition may also fit under the definition of dependent child.

Previous Definitions
This is a return to a similar maximum age that was in effect before August 2014. Prior to 1 August 2014, if your child was a young adult they could be considered a dependent child until the age of 22 years and in the case of children over 22 years old they could still be considered a dependent if they if they were full-time students since before turning 22 and were dependent financially on their parents. After 1 August 2014, the maximum age was set as “less than 19” and did not allow for any excpetions, other than with respect to children who were financially dependent on their parents due to a physical or mental health condition.

The latest changes take us back to a similar maximum age that was in effect prior to August 2014, with one important difference: a clear cut-off for the maximum age to be included as a dependent child. It was previously possible for a child to be over 22 years old but included in his or her parents’ immigration application as long as he or she could demonstrate that he or she was in full-time, continuous education. Assessing whether a child met this definition was not clear and was often a very time consuming process. The new definition clear: to be included in his or her parents’ immigration application he or she must be under 22 years of age (apart from a case where there is a documented physical or mental health condition as explained above).

​What is the date at which age becomes “Locked-in”?
This is a very important question and will determine whether your child will meet the definition of dependent child or not. Generally, the locked-in age is determined at the time when a complete immigration application for permanent residence is received by Immigration, Refugees and Citizenship Canada (IRCC). In cases involving immigration through Quebec, the locked-in date is when the complete application is received by the Quebec immigration authorities. However, there are many immigration programs that are effectively a two step process and no complete application is submitted until later. For example, many provinces currently have an “Expression Of Interest” system in place where interested applicants submit preliminary applications and wait to be selected to proceed with their application. Similarly, under the “Express Entry” system, you first create a profile with all of your eligibility information and you cannot submit a complete immigration application until you receive an “Invitation To Apply” from IRCC. In these cases, it is important to note that even if your child is under 22 when you first start the process but they have become 22 years old before you submit your complete immigration application, they will not be locked in and generally will not be deemed to be a dependent.

Limited Time to Add Previously Excluded Young Adult Children to Your Immigration Application
I have been asked by applicants who have recently landed or who have application still under process about how this change in definition will affect their children who were 19, 20 or 21 at the time they submitted their immigration application. The answer will depend on exactly when you submitted your application and how old your child was at that time.

The good news is that for many children who were 19, 20 or 21 at the time their parents applied for immigration between August 1, 2014 and October 24, 2017, and who are unmarried and not in a common-law relationship, there may be an opportunity to either add your child back to your application or apply to sponsor your child. There is however a very limited period of time to act as you must inform IRCC about your dependent child before January 31, 2018.

​Whether your application is still in process or you have landed in Canada based on an application between August 2014 and October 2017, the best course of action is to seek legal advice and find out what you can do for any dependent children that was not included in your application before the January 31, 2018 deadline.  
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    Authors: 
    Zeynab Ziaie 
    Zahra Ziaie 

    Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case. 

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