Summary
The program delivery instructions have been revised to include additional instructions regarding study permit exemptions for minor children, the eligibility to apply for an initial study permit from within Canada, minor children’s study rights during their restoration period and clarification on the custodianship requirements.
Who is a minor?
In Canada, each province or territory defines the age of majority. Anyone under the age of majority at the time of their arrival in Canada is considered to be a minor child.
- The age of majority is 18 in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan.
- The age of majority is 19 in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, the Northwest Territories, Nunavut and the Yukon.
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 per section 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.
For the full article, click here