Are you moving to Canada with your kids? You probably have questions about which visa your child needs. In most cases, a study permit is required for minor children. Getting a study visa requires several important actions and considerations for minors who want to study in Canada. This post intends to walk you through the minor study permit application process and provide you with important advice to make the process go smoothly.

Who Is a Minor in Canada?

In Canada, the definition of a minor varies depending on the province or territory. The age of majority, the age at which a person is no longer considered a minor, is either 18 or 19 years old, depending on the province. Anyone under the age of majority at the time of their arrival in Canada is considered a minor child.

Is a Study Permit Required for Minors?

According to Immigration and Refugee Protection Act Section 30 (2)

‘Every minor child in Canada, other than a child of a temporary resident not authorized to work or study, is authorized to study at the pre-school, primary or secondary level.’

Minor children already in Canada may or may not need a study permit to attend school. Several scenarios determine whether a minor child requires a study permit:

• No Study Permit Required: Minor children who are in Canada do not need a study permit for pre-school, primary, or secondary level education if they meet any of the following conditions:
• They are accompanying parents who are refugee claimants 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 work permit holders, study permit holders, and temporary residents with visitor status authorized to work or study without a permit
• Neither parent is physically in Canada.

• Study Permit Required: Minor children intending to study in Canada must apply for a study permit before entering the country if they do not meet the exemption criteria in section 188 of Immigration and Refugee Protection Regulation as outlined below. 

188 (1) A foreign national can study in Canada without a study permit if they:

• (a) are a family member or private staff of a foreign representative accredited by the Department of Foreign Affairs and in Canada for official duties;
• (b) are a member of the armed forces of a designated state under the Visiting Forces Act;
• (c) are enrolled in a course or program that is six months or shorter, and will complete it within their authorized stay;
• (d) are recognized as an Indian.

How to Apply for a Study Permit for a Minor

1. Applying from Overseas

When applying from outside of Canada, minor children who want to study in Canada should apply for a study permit at a visa office before arriving unless they are exempt from requiring a study permit according to section 188 of Immigration and Refugee Protection Regulation. Even if the child is accompanying a parent who has a valid study or work permit, they must apply for a study permit.

To apply, parents or guardians need to gather essential documents, including the child’s passport and a letter of acceptance from a Canadian educational institution. If the child is under 17, they may also need to appoint a custodian.

2. Applying at a Port of Entry (POE)

Minor children arriving at a Canadian port of entry without having obtained a study permit beforehand can still be considered for temporary resident status within visitor class if all the requirements are met. However, it is strongly recommended that the child apply for a study permit before arrival.

3. Applying from Within Canada

Minor children already in Canada without a study permit may apply for one while in Canada. If the child is in the pre-school, primary, or secondary level, and is exempt from needing a study permit (based on parental status), they can still apply for a permit from within Canada. When applying, parents must provide proof of the child’s academic status, a letter from the institution confirming enrollment, and proof of the parent’s valid temporary resident status (if applicable).

For children who are required to extend their stay in Canada, the application for a study permit extension should be made well before their current permit expires.

Factors to Consider When Applying for a Study Permit

Several factors influence the application process for minor children, including custodianship requirements, the financial situation of the family, and the child's academic history.

1. Custodianship Requirements

A custodian is required for minor children under the age of 17 who will study in Canada without a parent or legal guardian accompanying them. The custodian must be a responsible adult and Canadian citizen or permanent resident. A notarized Custodianship Declaration form must be submitted with the study permit application.

For minors aged 17 to 18 (or 19, depending on the province), custodianship is not always mandatory but may be required at the discretion of immigration officers. Officers consider factors like the child’s level of independence, financial situation, and the availability of informal care arrangements when determining the need for custodianship.

2. Financial Support

Parents or legal guardians must demonstrate that they have sufficient funds to cover the minor’s living expenses and education costs during their stay in Canada. Financial documents, such as bank statements, may be required to support the application.

3. Academic Progress

To apply for a study permit extension, proof of academic progress is often required unless the minor child is the dependant of a worker or student in Canada. 

What Happens After a Study Permit is Issued?

Once a study permit is granted, the minor child can attend the designated school. However, there are important considerations for extending or renewing the study permit:

• Extending the Permit: The study permit can be extended within Canada if the minor child wishes to continue their education. Applications for extensions should be submitted at least 90 days before the current permit expires.
• Maintaining Valid Status: The minor child must maintain a valid immigration status throughout their stay. If their study permit expires, they have 90 days to apply for restoration of status. During this time, they can continue studying while awaiting a decision.

 

Other Benefits of Having a Study Permit

Even if a minor child is exempt from needing a study permit, there are several benefits to obtaining one:

• Secondary School Co-op Work Permit: The child may be eligible to participate in a co-op program that allows them to gain work experience.
• Access to Social Services: Some provinces offer social services to minors with valid study permits.
• Remain in school when they are no longer a minor: Obtaining a study permit allows minors to remain in school when they are no longer considered minors, ensuring continuity in their education

Conclusion

Getting a study permit for minors in Canada can be a bit complex. It’s important to know the different rules and exemptions. You’ll need to figure out if your child really needs a study permit based on their situation. If they do, make sure you have all the required documents ready, like custodianship arrangements and proof of financial support.

Disclaimer: The information provided above is intended for general guidance and may not reflect the most current legal developments, as Canadian immigration laws and regulations are subject to change. Requirements can vary based on individual circumstances, so we strongly recommend consulting official government resources or seeking advice from a qualified legal professional before making any decisions. For personalized advice and specific guidance regarding your study permit application, feel free to contact us at [email protected] or +1 506-866-7777. We are here to help you navigate the process smoothly.