H&C case with autism child

[Rfar]

Hi everyone
I have question please if someone can help
They diagnose my daughter with autism this week. My question is
1- Can i apply for humanitarian before the one year bar because my appeal is refused so i need for H&C
2 - is the autism help us as a family to get accepted with H&C ?
NOTE : NOT HIGH LEVEL OF AUTISM
THANK YOU

 

[Buletruck]

Honestly, it really is impossible to say if your child’s diagnosis would be beneficial to a claim. There are recent posts of failed claimants with Canadian born children. But each case is different. The one year ban should not apply to you.

 

[scylla]

Hi everyone
I have question please if someone can help
They diagnose my daughter with autism this week. My question is
1- Can i apply for humanitarian before the one year bar because my appeal is refused so i need for H&C
2 - is the autism help us as a family to get accepted with H&C ?
NOTE : NOT HIGH LEVEL OF AUTISM
THANK YOU

1. Yes, you can apply without waiting for a year due to best interests of a child. You fall under an exception.
2. It's hard to answer this question and will depend on the specifics of your case. It think it might improve your chances if the child is a Canadian citizen (i.e. born in Canada). If the child is not a Canadian citizen, then I'm not sure. Your H&C argument ideally shouldn't just be regarding best interests of a child but also include other factors. I would recommend working with a lawyer.

 

[Rfar]

Thank you for answering
The one who have autism is not a Canadian citizen but i already have other boy born in canada

 

[Pindimurree]

if you guys can prove that your son's treatment is in Canada and not your home country. It makes a strong case for stay.

 

[M0527]

Thank you for answering
The one who have autism is not a Canadian citizen but i already have other boy born in canada

You said he doesn’t have a high level of autism and he’s not Canadian. You will have to prove a lot of stuff... I think you need to hire a lawyer

 

[Rfar]

Its hard case i know u right
Yes the doctor said she have Autism spectrum not more than 60 %
Any recommendations for good lawyer in Calgary area specialist with H&C doesn't matter the cost

 

[Copingwithlife]

if you guys can prove that your son's treatment is in Canada and not your home country. It makes a strong case for stay.

They have to prove that there’s absolutely zero, like zero treatment in their home country

 

[Rfar]

Zero treatment !!!!

 

[canuck78]

They have to prove that there’s absolutely zero, like zero treatment in their home country

It is more complicated than just showing no treatment. It is unclear how this family ended up in Canada. You also must show what kind treatment is needed. For minor autism there may not be very much treatment involved.

 

[eithan203]

Hi everyone
I have question please if someone can help
They diagnose my daughter with autism this week. My question is
1- Can i apply for humanitarian before the one year bar because my appeal is refused so i need for H&C
2 - is the autism help us as a family to get accepted with H&C ?
NOTE : NOT HIGH LEVEL OF AUTISM
THANK YOU

Hi ,
Any update on your autism case ?

 

[Rfar]

No not yet everything now is slow but my lawyer said thats support the case

 

[eithan203]

No not yet everything now is slow but my lawyer said thats support the case

Hey,
Any update on your case ?

 

[Rfar]

No still working on it, any appointments is for 3 4 month like physiological assisment, need time but all good

 

[canuck78]

Just an FYI to everyone.
I contacted my MP and wrote the following:
My son is diagnosed with autism spectrum disorder which flagged his medical as an excessive demand on the health system.
Since then the Centralized Medical Admissibility Unit (CMAU) didn't review or return a response on his medical or any guidelines about what will be next.
On June 1, 2018 The honourable Ahmed Hussen placed a policy to exclude cases as my son to be an excessive demand on the health system.
I know there are multiple situations right now during this pandemic and I understand how it affects IRCC processing time but I do want to share my and more families that are in the same situation where our children are not an excessive demand and are excluded from the Medical Admissibility but still treated as we are an excessive demand on the health system.
My son is special and I don't see why we are being left behind even if we are not causing any damage or cost to the health system.
I seek your assistance in this matter, and am grateful for any that you and your office provides.
Please feel free to contact me if you need more details and information.

Let’s see what is outcome and I’m probably planning to contact global news and ctv news after my application will be 100% which is next week.
If anyone would like to join to write their opinions and share their story you are welcome to do that with me.
I’m not only thinking about my self but for other families that will have this struggle in the future.

This case has nothing to do with your case or medical inadmissibility. This family is trying to secure PR on the basis of the autistic child and likely access to treatment in their home country.