Tutors now exempted as immediate family in Canada

In an apparently confusing way of classification, “tutors” under Canada immigration are added to the group of “guardians”. This obviously has created confusion for many as the word “tutor” is normally and widely used to connote those involved in tutoring in the academic field.

The Canadian government has however listed “tutors” as immediate family members, thus fetching them the exemption from travel restrictions. As the government of Canada sees it, “tutors” are those who are responsible for caring for a minor who is a foreign national, who is living separated from a parent for an extended period of time. This may be an instance of the child attending a secondary school in Canada. Children under the age of 18 are considered minors in Canada.

A “tutor” is defined in different ways in different jurisdictions. So is a “guardian”. A tutor or guardian does not undertake all parental duties, as with adoptive parents. Nevertheless, both guardians and tutors have the authority to make decisions for a minor when a parent isn't available.

IRCC (Immigration, Refugees and Citizenship Canada) has stated that many students, who are foreign nationals, study in Canada living with a tutor or guardian instead of their parents while they do their studies.

IRCC has included tutors and guardians in the list of exempted persons who won’t face restrictions at the border. This is done with the intention of avoiding a situation where such students are separated from their foreign national wards.

When Canada had first imposed travel restrictions in mid-March to stop COVID-19 from spreading, tutors and guardians were added to the definition of an immediate family member. This was to ensure that these minors who are foreigners were not stranded as those who are housing them were not family members as per the definitions of Immigration and Refugee Protection Regulation.

The tutor or guardian must prove that they normally live at the same address where the minor lives, to be able to come to Canada. Line-in nannies aren’t treated as tutors or guardians.

To prove one’s status or employment as a tutor or guardian one could submit any of the following documents with CBSA (Canadian Border Services Agency):

• An affidavit or a judicial court order
• power of attorney document
• documents indicating legal responsibility for the child as well as authority to make decisions for the child when the child’s parents are absent
• documents showing the relationship to the child

It’s the duty of the tutors or guardians to convince the border services officer that they fulfil the necessary conditions to enter Canada. The traveler must also keep documents that demonstrate the reason for travel and length of stay. Any other documentation that proves that they meet the exemption criteria should also be brought. The final decision rests with the CBSA officer who will work on a case-by-case basis. He will rely on the information made available to him while processing takes place.

If you are looking to Study, Work, Visit, Invest or Migrate to Canada, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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