Type C dependant - Family Class Sponsorship

[calla]

Hi,

I am looking to apply for PR for my parents via Family Class Sponsorship. I have a brother who is 30 years old and has mild Down's Syndrome. He will not be a burden on the medical system and I need to know how to go about the application.

1. Should I just apply for my parents and then they can apply for him?
2. Should I apply for him separately under the H&C category?
3. If I add him as a dependant, what documents do I need to submit to prove that he is not a burden on the system?

I have heard too many things about applications getting rejected because they cause burden on the medical system and I am sure my brother is very healthy to cause any kind of burden. Please please please help me in this case.

Thanks,
Calla

 

[Rob_TO]

Hi,

I am looking to apply for PR for my parents via Family Class Sponsorship. I have a brother who is 30 years old and has mild Down's Syndrome. He will not be a burden on the medical system and I need to know how to go about the application.

1. Should I just apply for my parents and then they can apply for him?
2. Should I apply for him separately under the H&C category?
3. If I add him as a dependant, what documents do I need to submit to prove that he is not a burden on the system?

I have heard too many things about applications getting rejected because they cause burden on the medical system and I am sure my brother is very healthy to cause any kind of burden. Please please please help me in this case.

Thanks,
Calla

1 - If you don't include him in the app as a dependent, then after they become PR your parents can never apply for him under a family class app. He would be excluded as a dependent.

2 - You can only submit a H&C claim if he's physically in Canada at the time you apply. The fact your parents would willingly apply for PR without listing him as a dependent, would probably be a very negative factor in a future H&C app as it would show they are voluntarily choosing to leave him in home country while they come to Canada as PRs.

3 - You would need medical notes, assessments, prognoses,, etc from doctors/specialists that his medical condition would not cost Canada's health and social services system over the burden threshold of $6,655 per year over next 5-10 years. Should also be able to show he could be cared for entirely by your parents and is otherwise healthy. However just due to the potential services he could sign up for once in Canada, they may predict he will use whatever is available and possibly exceed the amount.

If he fails the medical exam, then your parents app would also be rejected.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/refusals-inadmissibility/excessive-demand-on-health-social-services.html

 

[calla]

Rob..Thank you so much for your response. The best thing I want right now is for all three to get PR. He as a Canadian Visitor Visa and has visited canada twice. Do you think that would help his case?

1. Frankly, I was wondering that I would apply for my parents now and then apply for my brother via H&C when he visits me next. Frankly, I dont even know if my thinking is correct and if thats even possible.

2. What kind of medical notes, assessments and prognoses would help prove that he would not be a burden on the Canadian health system?

I really appreciate your response. I am in a super anxious state right now

1 - If you don't include him in the app as a dependent, then after they become PR your parents can never apply for him under a family class app. He would be excluded as a dependent.

2 - You can only submit a H&C claim if he's physically in Canada at the time you apply. The fact your parents would willingly apply for PR without listing him as a dependent, would probably be a very negative factor in a future H&C app as it would show they are voluntarily choosing to leave him in home country while they come to Canada as PRs.

3 - You would need medical notes, assessments, prognoses,, etc from doctors/specialists that his medical condition would not cost Canada's health and social services system over the burden threshold of $6,655 per year over next 5-10 years. Should also be able to show he could be cared for entirely by your parents and is otherwise healthy. However just due to the potential services he could sign up for once in Canada, they may predict he will use whatever is available and possibly exceed the amount.

If he fails the medical exam, then your parents app would also be rejected.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/refusals-inadmissibility/excessive-demand-on-health-social-services.html

 

[Rob_TO]

Rob..Thank you so much for your response. The best thing I want right now is for all three to get PR. He as a Canadian Visitor Visa and has visited canada twice. Do you think that would help his case?

1. Frankly, I was wondering that I would apply for my parents now and then apply for my brother via H&C when he visits me next. Frankly, I dont even know if my thinking is correct and if thats even possible.

2. What kind of medical notes, assessments and prognoses would help prove that he would not be a burden on the Canadian health system?

I really appreciate your response. I am in a super anxious state right now

1 - See my point 2 above. Not sure how much change a H&C app will have if your parents will apply for PR without him. You may want to consult an immigration lawyer experienced with H&C cases.

2. I'm not a doctor, so I don't know. He will need to be assessed by a professional, and they will need to have the opinion and give prognoses that he will not cause an excessive demand in medical/social costs.

 

[canuck78]

1. Your parents would likely be accused of misrepresentation if they left him off the their list as a dependent and the applied for H &C right after becoming PRs.

2. The big issue is really his possible drain on the social service system when or if your parents are unable to take care of him. The wait to get into similar group homes is over 20 years for current Canadians so that will be the big concern. There are not enough resources for current Canadians and the wait list is only getting longer. People with Down syndrome are more prone to things like cardiac issues so they would likely want to look into that. The major issue would be his ability to live independently eventually without help. Not sure how or if you could prove that he is capable of doing that. Also not sure whether he would qualify for disability payments for 20 years. All you can do is apply and see what happens.

 

[calla]

Hi,

I wanted to know what medical documents I can attach along with my application? Doctor's note? What kind of diagnosis documents? Could you please tell me what tests I should make him take and attach with my application?

Also, how do I tell in my application that I will take care of him and that he really might not need to stay in a care home?

Thanks,

 

[captlevi]

Hi,

I wanted to know what medical documents I can attach along with my application? Doctor's note? What kind of diagnosis documents? Could you please tell me what tests I should make him take and attach with my application?

Also, how do I tell in my application that I will take care of him and that he really might not need to stay in a care home?

Thanks,

Hi calla,

Did you move forward with your application including your brother? I am in similar situation and wanted to know how did it go for you?