Visa & residential status

[Janinefd]

Hi,
My husband and I with our two kids will be transferring from Switzerland to Ottawa for the period of one year. My husband is working for a governmental institution which has never done an international exchange with one of their employees before so we need to do all the organizing ourselves. For that reason we have a lot of questions re visa and residential status etc.
He will be sent via government-to-government exchange and will still be paid by the Swiss government during that period.
What kind of Visa and work permit does he and do I have to apply for?
AND: Where do we have to apply for a resident or non-resident status? Does it depend on the type of visa/work permit?

Depending on that status and the type of visa do we have to pay school fees (our sons would then be 5 and 8 years old, so in Kindergarden and Elementary School in Ottawa)?

Thanks so much & kind regards
Janine

[SettlementOrgMod]

Hello Janine,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

You can see some information specific to your husband’s situation on the Immigration, Refugees and Citizenship Canada website in the Find out if you need a work permit in your situation section.

Here is an excerpt,

To work in Canada as a foreign government officer or representative

You do not need a work permit if you’re:

• an employee of another government who is working under an exchange agreement that lets officials work in government departments in Canada and your country,- a diplomat or official representative of another country, or- a diplomat or official representative of the United Nations and its staff.
  Note: Employees of other governments must have a formal letter if they will work here for more than three months.

If you’re any other kind of foreign government officer or representative, you need a work permit. Find out if you’re eligible for a work permit.

In terms of specifics regarding what type of visa you must apply for, it is best to contact the nearest visa office.

You can find some information related to study permits and who requires one on the CIC Website in the Find out if your child needs a study permit section.

Here is an excerpt,

Minor children who are already in Canada accompanying a parent who is permitted to study or work may study in Canada without a study permit at the pre-school, primary and secondary levels.

A minor child of a parent who is not authorized to work or study in Canada (for example, their parent is authorized as a visitor) is not eligible to study in Canada without a study permit. These minor children must apply for a study permit from their country of last permanent residence.

Study permits for primary school students are issued for a period of one year and can be renewed, while study permits for students enrolled in secondary school (grades 9 to 12 in all provinces and territories except Quebec, and grades 9 to 11 in Quebec) can be issued for the full length of the intended period of study at a secondary school in Canada (maximum of four years).

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

We are not sure where in Canada you are moving to. The Education Act also prescribes when a non-resident student must be charged tuition fees.

Based on the Toronto District School Board (TDSB) requirements, individuals and dependents who come to Canada on a Visitor Record are not eligible to attend school without payment of fees. The Toronto District School Board (TDSB) outlines which examples and circumstances when individuals are required payment of fees.

You may want to contact the School Board in the area where you will be moving to directly to confirm once you find out what status your children will have.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org