the School Act. For example, persons who have applied for convention refugee
status but not yet received a determination, and persons who have applied for
permanent resident status from within Canada, are ordinarily resident in BC if there
are other indicators of continuity with the community and residence for a settled
purpose other than receiving free public education. On the other hand, a person who
comes to Canada on a time-limited basis and has not taken steps to obtain permanent
residence in Canada usually will not be ordinarily resident because he or she has no
legitimate expectation of remaining in Canada.
Similarly, persons who have relocated from another Canadian province or territory
are ordinarily resident if they show sufficient other indicators of continuity and
settled purpose.
[…]
In addition to those who have a clear entitlement to public education under Section
82 of the School Act, the minister will provide operating grant funding for school age
students in the categories listed below…
• A student who resides in British Columbia and
o Who has made a claim for refugee status in Canada and whose claim has not
yet been determined, or
o Who is detained in custody in a youth custody centre
• A student who is in British Columbia with his or her guardian if the guardian
meets one of the criteria set out below (supporting documentation required):
o Has been lawfully admitted to Canada for temporary residence and is
authorised to work for a period of one year or more, and is or will be
employed for at least 20 hours per week;
o Has been lawfully admitted to Canada and is authorised to study for a period
of one year or more, and is enrolled in a degree or diploma programme;
o Has been lawfully admitted to Canada and is authorised to study for a period
of one year or more and all of the following conditions apply:
The parent or guardian is enrolled in an eligible English as a
Second Language (ESL) program of up to a year in duration (The
ESL adult student will be deemed resident for up to one year
only, after which the child of the student will be considered an
international students may be charged international student fees;
The parent or guardian has been accepted to a degree or diploma
programme at a public post-secondary institution in British
Columbia, or a degree program at a private post-secondary
institution;
The acceptance to the degree or diploma program is contingent
upon the completion of an ESL program;
o Has been lawfully admitted to and is authorized to study in Canada, and has
been awarded a multi-year scholarship that covers the cost of both tuition
and living expenses for an eligible post-secondary with an ESL and a degree
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