Disabled children and canadian immigration
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Author Topic: Disabled children and canadian immigration  (Read 8502 times)
reminiscing mom
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« on: November 23, 2009, 02:50:47 pm »

Our family applied last year under provincial nominee program. Our eldest son has cerebral palsy but not severe. During application we have already heard news that disabled children are not allowed to go to Canada, but others said that it's not true and as of now we have already paid the right of landing fee. Others who have already gone through Canada's Immigration process said that this is a good sign. That we are already sure that we're approved. They told us, why would they let us pay if they're just going to decline our application. And so, we thought passport requests are upcoming but a letter came saying that our eldest son Gabriel Christian Amiel B. Espejo is inadmissible due to health grounds and that he might reasonably cause excessive demand on social services in Canada. But they're giving us a chance, they said: Before I make a final decision, you have the opportunity to submit additional information that addresses any or all of the following:
– the medical condition/s identified
– social services required in Canada for the period indicated above
– your individualized plan to ensure that no excessive demand will be imposed on Canadian social services for the entire period indicated above and your signed declaration of ability and intent.
All this information should be provided within 60 days of the date of this letter.
In this light, what can anyone here advice to us?
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Leon
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« Reply #1 on: November 23, 2009, 07:10:05 pm »

You have to get more specialist data on his condition exactly and what kind of assistance he needs and who is paying for it.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
reminiscing mom
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« Reply #2 on: November 25, 2009, 10:02:09 am »

Thanks for the reply Smiley We will be doing just that. We are also doing everything we can right now regarding this situation of ours. Please include us in your prayers. Any suggestions or comments will be highly appreciated. Thanks so much.

I just want to post some links here regarding disability and Canadian immigration. I think it might be of help to others seeking information about this topic.

http://www.canadavisa.com/immigration-case-studies-2006.html

excerpts from this site:
JULY 19, 2006
Canada (Minister of Citizenship and Immigration) v. Colaco et. al     
The Minister's argument that the Supreme Court's reasoning in Hilewitz v. MCI applies only to business class applicants was rejected by the court. A Skilled Worker applicant with a disabled dependent should not have been rejected for an excessive demand on Canadian social services without assessing if the family has the willingness and the resources to pay for appropriate care and provide for employment. The Visa Officer and Medical Officer's decisions were overturned as they did not complete an individual assessment of the information provided by the applicant.

Hossain v. Canada (Minister of Citizenship and Immigration)                               
In certain circumstances, the financial situation of an applicant is relevant to determining whether his presence in Canada would place excessive demands on Canadian social services. This reasoning applies to medical conditions and the need to receive regular medical attention or treatment.

Here, the applicant had been found medically inadmissible on the grounds that his need for costly medication would place an excessive demand on Canada's social services. However, the applicant was willing to commit to bearing all his medical costs and to not claim money from Canadian health care services. The applicant provided proof of financial means and promised to secure private medical insurance. Moreover, a medical opinion used by the visa officers indicating that the applicant's requirements for medication would likely decrease was ignored. The Medical Officers and Visa Officer failed to consider the Applicant's offer or personal financial situation. Ignoring this information and the medical opinion rendered the decision of inadmissibility patently unreasonable.

http://newsocialist.org/newsite/index.php?id=717 - Also positive news is the very recent decision by the Supreme Court of Canada in Hilewitz v. Canada. In that case, the Supreme Court has instructed immigration authorities to look at the family circumstances of disabled children of immigrants, including financial resources and community supports. In other words, immigrants who would normally be excluded because of their disabled children, can now come to Canada if they can show they have financial and other resources to support their children without posing an “excessive burden on social services.” This decision is helpful in that it undermines what would otherwise be the wholesale exclusion of people with disabilities. Its impact, however, will likely only be enjoyed by wealthier immigrants, such as those who have already been accepted in the “Investor” and “Self-Employed” categories, and can therefore provide reasonable evidence of resources and supports to persuade immigration authorities that the family is able to absorb any potential social costs of their children's disabilities.
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commonwealth
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« Reply #3 on: November 26, 2009, 06:53:56 pm »

Can you get private medical insurance once you move to Canada, don't know if they will cover with existing conditions?
I am sure you will do all you can and you have our prayers... Let's make a difference.
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reminiscing mom
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« Reply #4 on: November 27, 2009, 06:40:48 pm »

Thank you commonwealth. I think we can. Our problem right now is that the attorney said my husband's salary is not enough to cover what our child needs should we have the chance to get there. A lot of people are offering to help us right now. But, we really need a lot of money. We need 10000 USD for the appeal process itself and we're not really rich people at that. The last option is really, really heartbreaking. Our son Gabriel, the one with cerebral palsy, might be left behind. I don't really know for now. But, we meant to fight it, may God help us with it and may He provide us with what we need. We sure hope we can make a difference.

I would want to share this information I read regarding the Hilewitz case. The Hilewitz applied under business class and they own substantial wealth. The Hilewitz were approved in the end. Unfortunately, when comparing our situation to them. We are not under business class and we don't really own financial wealth. I guess our hope for approval is really pretty dim but as they say, never give up. There i always hope in God.

The Hilewitz Case
OCTOBER 23, 2006
Gau v. Canada (Minister of Citizenship and Immigration)
The precedent of Hilewitz to consider the ability and willingness of a family to financially support a disabled child and off-set an excessive demand on social services does not obligate the medical officer and visa officer to seek out this information. Rather the requirements are only that personal circumstances are taken into account with an individual assessment. The examination of psychological assessments and school reports satisfied the officers' obligations. In the absence of any information showing otherwise provided by the applicant, the decision that her daughter would be an excessive demand on social services is reasonable.

DECEMBER 5, 2006
Lee v. Canada (Minister of Citizenship and Immigration)
While the precedent of Hilewitz requires that an officer consider an applicant for permanent residency's willingness and ability to pay for social services to mitigate against excessive demands on public services, it does not apply to health care. Financial ability does not change entitlement and access to healthcare, as private health care is not available in Canada. However the officer should have also considered the applicant's request to be considered for a temporary resident permit, should his permanent residency be denied, and the failure to do so was a breach of due process.

DECEMBER 28, 2006
Harkar v. Canada (Minister of Citizenship and Immigration)
According to the Supreme Court ruling of Hilewitz v. Minister of Citizenship and Immigration, the officer must consider a willingness and ability of an applicant to pay for social services for a dependent, mitigating against excessive demands which the dependent would attract. The applicant expressed a willingness to pay for any social services to help his daughter. The applicant had previously privately funded the daughter's pre-school costs and other therapy and developmental costs. There is no evidence that the visa officer or medical officer considered the applicant's willingness and ability to pay. Having failed to do so, the application was allowed.
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reminiscing mom
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« Reply #5 on: December 01, 2009, 09:35:01 pm »

I hope that everyone reading this would not be discouraged with our situation. There are still some who apply for permanent residency with disabled family members that gets approved. From my readings, they say that as long as you can prove that your disabled family member can be taken care at home and that his social service needs would not exceed 4080 USD, you have the chance to get approved. In our case, Gabriel can be taken care at home but unfortunately his social service needs exceeded the allotted annual budget because he needs speech therapy, physical therapy and special education. If any of you have questions regarding this topic, please feel free to ask and together we can find some answers.
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human_forever
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« Reply #6 on: December 08, 2009, 08:46:25 am »

I am sailing on the same boat, I am going to apply for immigation. I have physical disability i.e one leg amputated. I am worried about medical. Would it effect my immigration process.

Somebody have any information about this.I will be highly thankful

Thanks!
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Leon
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« Reply #7 on: December 08, 2009, 09:32:15 am »

I don't think an amputated leg is a problem for immigration.  It's not something that needs expensive healthcare so it's hardly excessive demand on the system.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
human_forever
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« Reply #8 on: December 08, 2009, 11:13:08 am »

I don't think an amputated leg is a problem for immigration.  It's not something that needs expensive healthcare so it's hardly excessive demand on the system.

Thank you leon for this useful information.Even i also thought same but was not sure..thats why i asked..thank you again..

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reminiscing mom
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« Reply #9 on: March 21, 2010, 06:06:00 am »

There's no decision yet as of now regarding our situation Sad
There's some advice offered that we give Canadian immigration a letter telling that our son, Gabriel will be left behind...but until now there's no decision yet....
I read that we can get FOSS notes? Is that really possible?
Our medicals will expire by June..and there's no decision yet until now? Anybody got any idea why this is happening? Thank you very much.
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Leon
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« Reply #10 on: March 21, 2010, 06:24:44 am »

If you sign over the custody of your son to another family member and write a letter stating that you realize you can never sponsor him to Canada in the future, you may be able to get your immigration for yourself and the rest of  your family.

You may be able to get your FOSS notes in which case you will find out what immigration is saying about you in their statements in their internal file system but I am sure you already know what they are saying, i.e. that your son can not be approved because of his disability.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
mirza897
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« Reply #11 on: April 17, 2010, 06:36:53 am »

Hello,

First my best wishes to Gabriel for a speedy recovery and good health. Second, I see your last post on 21st march, 2010. Nothing after that. I am also a father of a DS child and wish you luck and would like to hear from you on what happened.
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mirza897
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« Reply #12 on: April 20, 2010, 02:33:54 am »

Hello Again,

Please let me know the status of your application? Again my best wishes to Gabriel.
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reminiscing mom
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« Reply #13 on: June 17, 2010, 12:47:25 am »

Up to now, there's no decision yet on our application....we're still waiting and praying...thanks for the concern...
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Raffy888
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« Reply #14 on: June 17, 2010, 09:58:22 pm »

To all those with disabled children or family member, my symphaty and prayers is with you. Im sorry to hear those stories but always remember that there is a God above who knows everything what is best for us.... Just keep your faith and pray hard and lead everything to God. Goodluck and i will include you in my prayers....God Speed...
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