中小学留学, 加拿大未成年子女读书政策 Studying in Canada as a minor

加拿大中小学留学政策及监护人 - 飞出国

飞出国: 加拿大是允许中小学就来留学的,同时在加拿大留学生或工签持有者的子女也有权利在加拿大读书。当前在加拿大境外,要来加拿大读书6个月以上一般情况下也需要学习许可:

  • 直接来留学前需要先申请好就读学校申请学习签证,
  • 随同父母一起过来生活的则不需要有具体学校的接收函就可以

对当前已经在加拿大的未成年子女,有些情况下不需要申请 study permit,这个飞出国后面的帖子介绍。

未成年子女在加拿大如果没有父母陪同的需要找年满19周岁的加拿大公民或永居居民做监护人(custodian in Canada)。

加拿大不同省份关于未成年子女年龄的定义:

加拿大不同省份关于未成年子女的年龄的规定 年龄
阿省,曼省,安省,爱德华,魁省,萨省 18 周岁
BC,新省,NL,NT,育空 19 周岁

Studying in Canada as a minor

What a minor child needs to do to study in Canada if they’re not a Canadian citizen or permanent resident.

What about minors studying alone?

Minors studying in Canada should hold a valid study permit and be in the care of a custodian. Normally, they should have applied for a study permit before coming to Canada.

Who is a minor child

Each province and territory decides the age when a person becomes an adult. This is known as the age of majority. A person under the age of majority is a “minor child”.

Province or territory Age of majority
Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, Saskatchewan 18
British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Yukon 19

Caring for a minor child in Canada

The parents or legal guardians must prove the minor child will have the care and support they need during their stay in Canada. Minor children under the age of 17 must either:

  • come with their parent or legal guardian or
  • have a custodian in Canada

A custodian is a responsible adult, who is a Canadian citizen or a permanent resident, who will take care of and support the minor child. A custodian is optional for minors 17 years of age and older, but an officer can request one on a case-by-case basis.

How to appoint a custodian

To appoint a custodian, send us the Custodianship Declaration form (PDF, 1.02 MB) along with the minor child’s study permit application.

The two pages of the form look similar, but:

  • the first page needs to be signed by the custodian and notarized (certified by a lawyer or notary) in Canada
  • the second page needs to be signed by the parents or legal guardians of the minor child and notarized in their home country

Minor children before entering Canada

Minor children who want to study for six months or more must apply for a study permit before they enter Canada. This includes minor children who come with parents who had a study or work permit approved overseas.

You do not need a study permit for a program of six months or less , but you may still apply for one before entering Canada.

If you are coming to Canada with parents who have a valid study or work permit, you don’t need to provide a letter of acceptance from a school when you apply for a study permit.

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加拿大未成年子女读书签证政策 - 飞出国

飞出国:父母一方是加拿大公民或永居,父母一方有加拿大工签或加拿大留学签证或持有开放工作许可的情况下,已经在加拿大的未成年子女读小学,初中,高中的话可以不申请学习许可。

Is a study permit required? [A30(2)]

Minor children already in Canada are authorized to study without a study permit at the pre-school, primary or secondary level if

  • they are either accompanying parents claiming refugee status or are claimants themselves;
  • one of their parents (biological or adoptive) is a Canadian citizen or permanent resident;
  • one of their parents (biological or adoptive) is authorized to work or study in Canada; this includes temporary residents who are
    • work permit holders,
    • study permit holders,
    • visitor status holders (e.g., visitor record holders) who are either authorized to work without a permit, as persection 186 of the Immigration and Refugee Protection Regulations (IRPR), or authorized to study without a permit, as per section R188; or
  • neither parent is physically in Canada.

Minor children intending to study are required to apply for a study permit before entering Canada.

It should be noted that minor children of a temporary resident (visitor) who is not authorized to work or study require a study permit to study in Canada.

Scenarios

Applying from overseas

The study permit exemption for minor children pursuant to subsection 30(2) of the Immigration and Refugee Protection Act (IRPA) applies when a minor child is already in Canada.

Visa offices processing temporary residence applications made outside Canada by minor children who want to study in Canada should consider them as students and not as visitors, even when they are accompanying a parent who is authorized to either work or study in Canada. In other words, a study permit is required, unless they are exempt from requiring one pursuant to section R188 .

Applying at a port of entry (POE)

A minor child coming to Canada to study should have applied and obtained a letter of introduction (approval in writing) at a visa office, or be entitled to apply for a study permit upon entry pursuant to section R214.

If they have not done so, and because POEs are considered “in Canada” for the interpretation of subsection A30(2), officers at a POE may authorize entry of the child as a temporary resident within the visitor class if all the requirements are met (e.g., the accompanying parent is permitted to work or study in Canada) and if the child is not otherwise inadmissible. The child should be documented on a visitor record. When the child ceases to be considered a minor, an application for a study permit must be submitted if they wish to continue studying.

Applying inland

A minor child who is studying in Canada at the preschool, primary or secondary level without a study permit pursuant tosubsection A30(2) can apply for a study permit from within Canada pursuant to subparagraph R215(1)(f)(i). They must provide proof of their academic status in Canada (e.g., a letter from the institution confirming enrolment) and proof of their parent’s status in Canada, if applicable.

In order to assess whether the minor child is accompanying a parent who is authorized to study or work without a permit, officers should examine the temporary resident status of the parent. If the parent in Canada has valid temporary resident status as a visitor and is authorized to work or study without a permit as per the IRPR, their accompanying minor child in Canada is authorized to study without a study permit at the pre-school, primary or secondary level as per subsection A30(2). Should they choose to apply for a study permit, they may do so inland pursuant to subparagraph R215(1)(f)(i).

When applying to extend their stay, a minor child may apply for either a renewal of their study permit, if they require one, or an extension of their stay as a temporary resident if subsection A30(2) authorizes them to study without the need to apply for a study permit once in Canada.

Pursuant to subsection A30(2), a minor child who has applied to restore their status may continue to study while their application is being processed.

Officers should ensure that

  • arrangements have been taken for the child’s care in terms of custodianship;
  • the child has health coverage;
  • there is evidence of funds to cover the child’s stay in Canada; and
  • academic progress has been made, unless the minor child is the dependant of a worker or student in Canada.

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