Study Permit for a Child with Down syndrom

[lunette]

Hi,

A friend of mine is a mother of two who wants to continue her education in Canada. She has two kids, one in elementary school and one in secondary-with Down's Syndrom, which she hopes that she can register him a non-judgemental environment.
The boy is healthy and does not have any health issue. The mother wants to know is it better for her to be the main applicant or for her son with Down's syndrome. Is it possible that they reject the file because of her son's situation?

 

[scylla]

She needs to be the one to apply for the study permit and then take her children as dependents with her.

If her son is the one who applies for a study permit, this in no way entitles her or her other child to go with him. She would have to find a guardian for her child while he studies in Canada and be willing to pay $15K per year for his tuition. But again, him coming to Canada would not in any way entitle her to live, study or work in Canada. He would be the only one who would be able to come. So that path doesn't make sense if they want to come here as a family.

Note that it's possible her son may have issues coming to Canada with her as a dependent due to his condition. If CIC assesses that he may be a burden to Canada's medical care or social care systems (which is defined as using more than $6,500 in services per year), then he will be refused. I think there's a significant risk of that and she should be prepared that what she has planned may not be possible.

 

[lunette]

Thank you so much for your reply.
well, money is not a problem for her and she is willing to pay as much as needed for his son but I am not sure how we can convince the immigration officer that he wouldn't be a burden to Canada's medical care. Do you think if we register both of his sons in a private Canadian school would help that she is in a good financial situation? her husband will not accompany does this make the case stronger?

 

[scylla]

Thank you so much for your reply.
well, money is not a problem for her and she is willing to pay as much as needed for his son but I am not sure how we can convince the immigration officer that he wouldn't be a burden to Canada's medical care. Do you think if we register both of his sons in a private Canadian school would help that she is in a good financial situation? her husband will not accompany does this make the case stronger?

No - registering the sons in a private school and/or not having the husband accompanying won't help.

It's purely based on how CIC assesses your son's condition during the medical and what level of resources/support they feel he will require/use once he's in Canada (and whether this falls below the $6,500 "excessive demand" level per year). Saying you will cover these costs doesn't help since once he's in Canada as your dependent, he will be able to access these resources just like any Canadian and there's nothing the government can do to enforce you in covering these costs. What you're aiming to show is that he needs less than $6,500 annually in support. They will consider things like whether he needs any support at school, what additional medical check ups / test he needs each year, any home support, any medication or other medical assistance, any therapy or therapists, etc. To get an idea of your chances, consider what resources you use today and then try to research the costs of these services in Canada. If CIC ends up sending a fairness letter (intention to refuse the application), you'll need to submit a response with evidence to prove annual costs will be below $6,500.

Hope that helps.

 

[lunette]

So I have to provide them the medical report or there are certain places that they send me to get the test done? By the way, thanks for your help in answering my questions.

 

[scylla]

So I have to provide them the medical report or there are certain places that they send me to get the test done? By the way, thanks for your help in answering my questions.

Medicals can only be completed through doctors designated on the CIC web site - you can't just pick anyone.

The information I've mentioned is not required for the medical. It's required IF CIC sends you a fairness / excessive demand letter after the medical. If CIC sends you a fairness letter, this will be their way of indicating that they intend to refused your application unless you can provide evidence to prove your son will not fall under excessive demand. Once you receive this letter, you will be given a fixed period of time to respond and provide that evidence.

 

[lunette]

Thank you so much for your help.