Hi all,

So hoping that the temp work permit would be received soon, and instead husband has received an email this afternoon stating that we need to now apply for a study permit for our 8 yr old. We double and triple checked this, it says on CIC site that if one parent is permitted to work in Canada, you don't need to apply for one. We also checked with HFO Ontario who reiterated that we don't need one. CIC have also lost a couple of forms that we've already submitted, and want them re-submitted. How long do you think will all add on? Does anyone have any experience of this?

I suppose in itself it isn't a problem, but I'm struggling to keep momentum and enthusiasm when it just appears to be obstacle after obstacle. His license which has been granted will be void if a work permit doesn't appear by November. Which means that he'd have to wait for them to sit again and pay again, and then I'm not sure how that affects the work permit. I'm really fed up of not being able to think too far ahead.

I need wine

Vicki.

If you are UK citizens and applying for a work permit at a Port of Entry then NO study permit is required for the child. If applying via a visa office then YES a study permit is required.
Providing you dont require a medical for the job and are in possession of a positive LMO then you can apply for a work permit at a POE. Child will be issued a visitor record.

Husband needed a medical which he had to be called for, he passed that, but no we couldn't do point of entry visa because of that.

I've relooked at minors and twp and we would come to the same conclusion again. It's not very clear. Thanks for reply though.

Still sad face!

Vic

Hang on. You couldn't do POE TWP with just the LMO, because, as you say, your husband needed a medical. But you've done that now and presumably have the letter from CIC stating there was no problem.

Are you sure you can't do POE (with the LMO and the Medical confirmation in your possession)?

No expert here: FL?

Novocastrian- nothing but questions from CIC even though medical passed!

Before they issue the work permit, they've requested a study permit for Sam. Filling it in as we speak. The questions are awfully confusing, they want to know how much his education will cost, what his employment will be (the 8yr old), how much funds we will have- since Steve has pre-arranged employment we thought this wasn't an issue, although of course we have funds to bring, and last but not least they want a letter of acceptance from the educational establishment which we don't have!!!!!

This is from the CIC website;

Minor children at the pre-school and kindergarten levels are not required to hold a valid study permit.

Important: Generally, those applying for a study permit, including those at the primary or secondary school level, need to provide a letter of acceptance from the applicable educational institution in Canada. Applicants may provide either the original letter of acceptance or an electronic version.

There is one exception to this requirement: Minor children who are accompanying a family member who has applied and been approved for a work or study permit before entering Canada do not need to provide a letter of acceptance from an educational institution.


The above sounds like Steve needs his work permit approved before Sam can apply for a study permit. Does the husband actually need to land before us?! Or we actually have him accepted him into a school? Even though we don't have an address?


Someone please help! Feeling pretty desperate now. Any advice would be great!

Vicki.

As said, no expert. But I take the bolded part to mean that an 8 year old (a minor) accompanying a parent who will be entering on a TWP doesn't need a letter. Bear in mind that study permits are also required for e.g. university students not accompanying anyone. The latter need a letter saying they've been accepted to a university place.

Again: FL or an expert?

FL???

Sorry I know you're not an expert and I appreciate the response. I think the key part was "applicant approved" which is worrying.

Who could we ask? Steve emailed but you can't talk to anybody and they said you have to do what the high commission say. High commission website says study permit take 8-10 weeks which will put license in jeopardy.

Does anybody know if Steve can land to activate twp, with LMO and we think we have confirmation of medical (received today)?

Vicki

I would think your Steve already is an "applicant approved": he has his LMO and medical clearance and everything else. Whether or not he is actually in possession of his TWP is different IMHO.

christmasoompa, PMM, JAJ etc?

If he had an up front medical and the results have been received (and cleared) by CIC Medical Division, then there is nothing to stop him applying for a TWP at the port of entry, as far as I am aware.

FL hopefully can confirm.

9.4. At the POE

R198(2)(b) states that, in order to apply for a work permit on entry, a person must hold a valid medical certificate, if they require one.
Temporary workers who have undergone a medical examination within the previous 12 months, before arriving at the POE and possess a valid medical certificate are not required to undergo any further medical examination, unless officers have reason to believe that the person may not be admissible for medical reasons.

Temporary foreign workers who require a medical as per R30(1)(b), or who are from a designated country where medical examinations are required and will be working for more than six months in Canada, must apply for their work permit at a visa office – whether visa-exempt or not – unless valid medical examination results are available at the time of entry.

9.5. Conditions related to medical status
Conditions related to medical status
If a client falls within a group defined by R30, or where a client requests (and is eligible for) an unrestricted open work permit, medical instructions should be issued. An unrestricted open work permit may not be issued until proof is received that medical status is acceptable. The results of the medical examination will dictate whether an applicant may be issued an open work permit that is unrestricted, or one that has an occupational restriction due to health problems. (See Section 10.)

Former Lancastrian - our resident "Border" official who knows of wot he speaks.

Some of us have to work we are not all 8 to 4 Mon to Fri types.
If the medical has been completed and the results are known then the TWP can be issued at the POE and no study permit is required. As CIC have now gone to the GCMS computer system not all CBSA officers have access to it so retrieving the medical results causes problems. If the person has a hard copy of the results then no problem but I believe hard copies are not always produced as the Panel Physicians forward the results to CIC.
If the wife is applying for a spousal work permit then she can apply at a POE and then get the visitor record for the child.
Even if the husbands work permit is issued by a visa office there is nothing to stop the others from applying at a POE if accompanying or arriving later.

So as far I can see we have three options;

1. Hope that the work permit is issued before November(medical license meets) and not dependent on the study permit being completed at the same time or study permit does not take 8-10 weeks now. Phew that's a lot of hoping!

2. Husband flies to Toronto to access work permit at Poe. If he does this, does he need to start work immediately or can he fly back home, we can hand in the three months notice both our job required? Study permit not an issue anymore.

3. We wait for it to take the time it needs, he applies for another medical license. They meet every couple of months so maybe Jan or Feb, we hand notice in after that so over there for May maybe. Is there a time limit on actioning work permit once given? Are we better off letting Sam finish his school year at that point? Will have to pull out of house sale and resell.

Vicki! Deflated. A temp work permit and job that takes way more than two years. Fab!