Lamin

Apologies for the long title, but in a nutshell I am a CDN citizen currently working overseas and I am returning to Canada next year. However I am in a relationship / have a partner who is a US citizen, she wants to return with me and I know this is posssible either as a " visitor" for a US citizen.

The problem being she has a son who will also be accompanying us. He will be just short of 17 when we move and will be in his critical years of schooling. I assume he will be attending a high school for ages 17 - 19, this part is all new to me.

Can anybody enlighten us how we go about it? I heard that he has to apply for a study permit and as he is under 17 he can include an application for a supporting parent. Or do I have to apply to sponsor them all, however we are not married and I think the set timelines would be long for him to get a place secured in school.

I appreciate any responses to a worrisome situation.

Pulaski

You yourself have said the boy is "in his critical years of schooling". I strongly recommendation that his mother postpone moving to Canada for a year or so for the good of her son's education as absolutely no good whatsoever will come from moving him when he is halfway through high school.

christmasoompa

It's not really. Trying to enter as a visitor when she has a Canadian partner, few ties to outside Canada, etc, is likely to mean she's at a big risk of being refused entry. Plus there's the practicalities i.e. not being eligible for healthcare as a visitor or being able to work (her or her son). Are you perhaps thinking of 'dual intent'? She can enter as a visitor under that, but for that to apply you'd need to have applied to sponsor her and have the application underway.

You can apply for a study permit for him, but it's unlikely to be granted as he won't be going to college. Really you need to sponsor him (and his mother). This would also solve the problem of him 'ageing out' - once he's over 19, you wouldn't be able to sponsor him, so if you don't do it before then, he won't be able to get PR unless he qualifies for it in his own right.

You mention the timescale, but it's usually fairly quick - possibly as quick as 3 or 4 months, depending on the visa office, plus as mentioned above if you've applied then she's fine to enter Canada under dual intent and can stay until she gets PR. Whereabout are you now?

Lamin

I am in Germany, although only through work, I am a duel citizen both Brit and CDN. I want to return to NS next summer for good and in turn for the school year beginning in August. We have tried to research this but keep coming up with ambiguous answers or lots of immigration specialist willing to help us. I was told as my partner is a US citizen she could stay up to 6 months as a visitor with a letter from me inviting her. We were hoping st this stage to submit the relevant sponsoring paperwork.

Thanks for your reply and any further responses you have.

scilly

Does common-law relationship apply here?

Gozit

+1

I think this also depends on how the kid feels about moving to Canada. Is he enthusiastic / does he want to come? If so then he'll be fine. If he'd rather stay in Europe then you might have a harder time. Is your partner and her son Brit/EU citizens as well, so he has an opportunity to return?

Lamin

They are both American but living in Germany. Whatever the outcome they have to leave Germany next summer due to pensions visa and work expiring for my partner, so a move someplace is inevitable. In truth he would prefer to stay in Europe she on the other hand is looking forward to moving back across the Atlantic, not home but somewhere that' feels familiar after so long in Germany.

He goes to an International school and needs two years of stability before choosing university. So if we don't hit Canada next summer it will either be a delay for two years or a long distance relationship. I don't want to delay as my present job comes to an end and I also have an 8 year old daughter in Canada that I want to see a lot more off.

Many thanks.

Former Lancastrian

One minor problem not mentioned does the other parent of the child give permission for the minor child to leave his country of citizenship?

IRCC just issued a new Operational Bulletin this week on study permits and children attending school which is not on the public website yet.

Snowy560

If her profession is on the NAFTA professionals list and if she could secure a job offer in that profession (if, if ...) then she may be able to get a WP. The same could be true for you of course, going to work in the US (NAFTA).

S