scottish_maple

So my husband called CIC in Canada to clarify some issues for us. The main one being about when we visited did my 6 year old need a study permit and the second issue was about if I needed a work permit as a performing artist in canada since the website said I didn't, but we wanted to double check.

First guy wasnt that helpful...said our daughter did need a study permit - Fine, Check! Even thought the applications are targeted at universities, Then we asked about the performing artist part, for example could I play at weddings, funerals etc for extra money and not require a work permit, he didnt know. We also asked if I needed to have enough funds to support our visit even though my husband would be supporting us, he didnt know and sent him a link to the CIC website...lol

So being the annoying wife I am, I moaned at him to call again because if he got a women on the phone I could gurantee he would get more information, which he did. She said that my daughter 'technically' didnt need a study permit because of her age but it was best to get one just in case as it would make things easier? and also to check with the school district to see if they needed one...but we look at the CIC website and found this:

Do I require a study permit?

Generally, if you are not a Canadian citizen or a permanent resident of Canada you must obtain a study permit in order to study in Canada.

However, not everyone is required to obtain a study permit in order to study in Canada. A person may be exempted from the requirement of a study permit in the following situations:
•Minor children attending pre-school, primary or secondary levels,
•Family members or private staff accompanying a foreign representative by the Department of Foreign Affairs and International Trade of Canada, and
•Members of the armed forces of a country designated for the purposes of the Visiting Forces Act.

Important information. Minor children accompanying one or both parent(s), who are temporary residents and not allowed to study or work in Canada, require a study permit.


So now we are confused whether to get one or not...

Then he asked her about me working as a peforming artist on occassions and at least she had the decency to say I dont know and put us on hold to check, apparently when I fill out the declaration on the plane I state that I am a performing artist visitor instead of a visitor, I didnt even know there was a section for performing artists, because this changes my status??

Then he asked about us having funds to support my daughter and I for the duration of our stay and she said the same as the first guy 'welllll, it depends on your circumstances.... but if you write a letter to your wife stating that you will pay for her and your step daughter during their stay this should be enough'.

This whole thing is friggen stressfull, your giving up things in your current country, housing, etc for to get possibly getting turned back home or doing something illegal because someone tells you one thing, someone tells you another, a website states it differently.

OK vent over, I don't even know if any of the above makes sense...but i feel a little, just a little better!

Former Lancastrian

Werent some of these questions answered in this thread?
http://britishexpats.com/forum/showthread.php?t=745335

You never did say if the husband was the father of the child and that has some bearing on the study permit aspect.
As a performing artist busker type no you dont need a WP but as I said you would not be a bona fide visitor if doing this. Most performing artists go home after their performance you wont.
Is it your husbands intention to remain permanently in Canada as you said he was a Canadian citizen?
The more people you ask the more you will be confused. Try providing more info as requested and we can possibly help you more.

christmasoompa

Unfortunately, the guy you spoke to was absolutely right - you shouldn't need a study permit for your child, but often the school district will refuse to let you enrol a child without one, as they're just not aware of the rules. So it's down to the school district, some people have found they needed to get one, but others have been fine without.

Bottom line is that if you want accurate advice, you'll have to pay for it. It's unusual to get correct information from anybody you speak to over the phone at CIC (most are just call centre handlers with little immigration knowledge), but an immigration lawyer/consultant will be able to confirm it all for you.

Best of luck.

scottish_maple

Yes, you were very helpful. I should have posted this under my orignal thread and have no idea how to move it, I was just kinda venting frustrations as I am also a little tipsy, as I have toothache and am trying to dim the pain...lol

He is not the father of my daughter, therefore as you mentioned we might had to fork out $125 for a study permit which is a lot of money so wanted to double check and since he is now back in canada he could call them, although they couldn't tell him a straight forward yes or no as I also didnt like the idea of trying to figure out how to fill in a form for a study permit which wasnt aimed at school aged children. I hate this 'you don't need to, but it's better to'....why can't they just say, YES SHE NEED A STUDY PERMIT....why is it that they don't know exactly. Don't they get paid to know.

'Most performing artists go home after their performance you wont.'

This is what I wasn't sure about because I will be returning home, as we are not settling in Canada permanently....for example say a band is touring in canada they don't need a work permit after a gig, being paid to play at a wedding is a one off gig, or a funeral, it also said you were allowed to busk and nobody travels 2000 miles to busk for 1 day it would be several different occassions?!

Oh and my husband plans to move to the UK with us after our extended visit.

Geordie Lass

I got confused with the whole study permit thing so I emailed the Calgary board of education... And after getting a few very vague replies I asked politelyof course if she could forward my questions to someone that knew the answers.... Which she did - I got someone much higher up the ladder.

I got a very helpful lady - actually an expat who has answered my questions. I was told that in Calgary children whose parents are entering on a twp do not need study permits. You do have to show your work permit to them however.

Hope this helps.

christmasoompa

Considering the whole move will cost you thousands, $125 is a drop in the ocean! Well worth it for peace of mind I'd have said, but your call obviously.

No, because it's not down to them - as I said above (and as the guy told you on the phone), different school districts have different rules/requirements. And from what you've said, you'll be on a visitor visa, and the child has no legal relationship to your Canadian citizen husband? So she'll definitely need one anyway, as she's no right to attend school as the child of a visitor visa holder.

Don't forget you'll also need a letter from the child's father stating that he gives permission for her to leave the UK, or a court order to that effect.

How long are you planning on visiting for? Another thing to think about is to get good travel insurance, as you won't be eligible for healthcare.

Good luck.

scottish_maple

Thank you,

You are very right. I just wish it was straight forward, I understand everyone's circumstances are different and I find it sad that you have to pay an external source to find the right information. But I suppose thats how our world works.

your part about it's unusual to get correct information from anybody you speak to over the phone at CIC reminds me of my local District Council, they also tell you one thing and someone else tells you another.

scottish_maple

So if I am understanding this correctly....if we call the school district and they say No You DO NOT need a study permit we will still have to apply for one because I am on a visitors visa..

My childs father (biological) lives in Canada (This is going to be a whole seperate battle)

We are planning on visiting for just under the 6 months with the option to extend, but no more than 12 months...I can't stand shovelling snow!!!

Thanks for the luck...I think I am going to need it

scottish_maple

Thanks that did help, but I won't be going on a twp so it is a little different...We just want to be with our family for more than 4 weeks a year. But it makes me feel better that you understand my frustrations in getting the correct information from them.

christmasoompa

Yep - if you re-read the info you posted above from the CIC website about study permits, it says that only children of those working or studying in Canada (i.e. on a TWP, or study permit themselves) don't require a study permit. As you will be a visitor, your child will need one if you want her to go to school.

You say that your daughter's father is in Canada now, is he a citizen? If so, is your daughter? You'll still need his permission to remove her from UK jurisdiction if she's not, even if he's in Canada.

for you.

scottish_maple

OK...I am glad I have got that all sorted out - I think I will just homeschool her!! ...

No, he is currently going through PR, we don't talk and he does not support my daughter and hasn't had contact with her for nearly 2 years, I already know about getting his permission, I have already had to do it this year when we went to Florida (that was painful),