US and EU couple immigrating with a disability

[ellypit]

I understand that in the past Canada had restrictions for people who are disabled to be able to immigrate. Unfortunately, I can't find a lot of recent information. I know that Canada signed the UN Convention on the Rights of Persons with Disabilities (CRPD) back in 2010, but I can't find information about whether this means disabled people can now immigrate.

Here is our situation. I am a US citizen married to a Dutch citizen (EU) and we live in the Netherlands. I have a permanent EU residence permit and an IT business in the Netherlands. My husband is disabled and can not work, but receives long term disability pay until he is 65. After 65 he will receive a pension. We are both in our early 50's, child free, and are considering a move to Canada to the Vancouver area.

We have only just started to research this, and it will probably be 2 years before we could actually move. Any input from others would be much appreciated.

 

[scylla]

Before you worry about whether your husband would be deemed medically inadmissible, have you determined if you actually qualify to immigrate to Canada? Based on the information you've provided so far, you do not qualify to immigrate based on your current profile alone. At a minimum, you would need to obtain a permanent job offer in Canada to qualify to apply.

You can use the following online quiz to see if you currently qualify to apply:

http://www.cic.gc.ca/english/immigrate/eligibility.asp

I would also recommend that you read through the different immigration programs Canada has available to see what it will take to qualify to apply:

http://www.cic.gc.ca/english/immigrate/apply.asp

To answer your question regarding your husband's disability, Canada will be looking to see that your husband isn't going to be a burden on the social and health care system. So to be approved, I think you would likely have to demonstrate that he will not be dependent on disability payments from Canada when he arrives - either because your income will be sufficient to make this unnecessary or because he will continue to receive these payments form the Netherlands.

 

[ellypit]

Thanks scylla. I think this is one of those situations where we have to look at both equally, which is what I am trying to do.

I believe that I might qualify based on business. I've been through this in a few countries now, and have been reading about my options. I don't want to pursue anything for my situation if there is no hope for my husband to be able to get in.

Going by what you have written about my husband's situation, it sounds like there might be a chance, between my income and because he will continue to receive payments from the Netherlands.

Many thanks.

 

[Leon]

You can not immigrate to Canada just because you can support yourself and you want to so you would have to find another angle. With a permanent job offer, could start out as a work permit, you could immigrate or it is possible if you want to invest in a business that you could immigrate under a provincial nominee program. They may expect you to have a net worth of 300-400,000 and invest maybe half of that in a local business. Some expect you to pay a security of 75,000 to 100,000 which you will only get back if your business is successful. In a way, it's a method for a business person to buy PR. You can read about PNP's here: http://www.cic.gc.ca/english/immigrate/provincial/index.asp

However, before you can do that, your husband would have to pass medicals. You would have to prove that he would not be a burden on Canada social and health care systems. If he is getting a pension, that would take care of the social but for health care, you would need to show that he is healthy and would not need expensive surgeries or treatments in the future.

 

[ellypit]

Thanks for the direct practical information and link Leon. The BC Provincial Nominee Program (PNP) is quite heavy, especially in our area of interest in Vancouver. Employment may be a possibility, but for my husband, I think we would have difficulties with the medicals for the health care system. Is it possible to have private health insurance to get around this? I am sure that this question has been answered many times before, but if you can point me to a link, I would be very appreciative.

 

[Leon]

It is difficult because once you are in Canada, nothing would stop you from signing up for provincial health care and using it. It would be your right as a PR. However, there are cases where someone, possibly with a disabled child, has shown that through their own funds, they are able to cover any costs. Some have been allowed to immigrate after some appeals but it is not easy. I believe that the value they put on "excessive" is around $5000 per year, perhaps a little more now. If they feel that he would cost them more than this average, they may refuse and then it would be up to you to appeal and show that either he would not cost that much or that you have send up your own fund to take care of him.