application for canadian visa (PR) - child with mild autism

[Naturgrl]

We applied for PR. (Me, my husband and my 13 months old son and 4 year autistic son).
As mentioned in refusal letter that my son does not meet health requirements because of his autism. According to the medical officer commission my son exceeds the health threshold. And one fail all fail.

Sorry, I misunderstood because you said applying for a visa which is very different from PR. Was it recent? Are there any other health issues? If so you need to hire an immigration lawyer ASAP to help you respond to the PFL. You can overcome but you need good legal guidance to put together the response. You need to get your documentation together from your doctors and psychologists to prove that he will not be a burden on the system. Most Autism services in Canada are paid out of pocket and waiting lists are long so not sure how a burden.

 

[canuck78]

We applied for PR. (Me, my husband and my 13 months old son and 4 year autistic son).
As mentioned in refusal letter that my son does not meet health requirements because of his autism. According to the medical officer commission my son exceeds the health threshold. And one fail all fail.

You should be aware that most provinces have huge wait lists and limited funding for autism treatment and not enough funding to meet the demand for educational assistants in classrooms. Most parents pay out of pocket for extra therapy even if they get some funding if they can afford it. Canada may not be ideal for your family.

 

[Ritt]

Yes.

Can anyone recommend a reliable and genuine consultant who can guide me for the process?
Thank you

 

[GandiBaat]

We applied for PR. (Me, my husband and my 13 months old son and 4 year autistic son).
As mentioned in refusal letter that my son does not meet health requirements because of his autism. According to the medical officer commission my son exceeds the health threshold. And one fail all fail.

This is ..... weird to say the least. Why? Because, inborn issues have been removed from inadmissiblity finding. Contact a competent immigration lawyer to work around this and get your refusal judicially reviewed.

https://www.canada.ca/en/immigration-refugees-citizenship/news/2018/04/government-of-canada-brings-medical-inadmissibility-policyin-line-with-inclusivity-for-persons-with-disabilities.html

I am not 100% sure if they have again changed the laws but it is likely this finding of admisibility is in error.

The new policy on medical inadmissibility strikes a balance between protecting publicly funded health and social services and updating the policy to bring it in line with current views on the inclusion of persons with disabilities. The changes include:

• increasing the cost threshold for medical inadmissibility to 3 times the previous level, and
• amending the definition of social services by removing references to special education, social and vocational rehabilitation services and personal support services.

 

[Naturgrl]

Can anyone recommend a reliable and genuine consultant who can guide me for the process?
Thank you

You need an immigration lawyer, not a consultant. Are there any other health issues?

 

[GandiBaat]

You should be aware that most provinces have huge wait lists and limited funding for autism treatment and not enough funding to meet the demand for educational assistants in classrooms. Most parents pay out of pocket for extra therapy even if they get some funding if they can afford it. Canada may not be ideal for your family.

This is very dependent on province and even location. My son has autism and he recieves care based upon public funding. We did not really have to push for facilities (BI/BT, OT, PT, SLP). Our therapy centre gives all of under same roof and also visit his daycare and soon to be kindergarten. It certainly depends upon which place you live in.

 

[Ritt]

Sorry, I misunderstood because you said applying for a visa which is very different from PR. Was it recent? Are there any other health issues? If so you need to hire an immigration lawyer ASAP to help you respond to the PFL. You can overcome but you need good legal guidance to put together the response. You need to get your documentation together from your doctors and psychologists to prove that he will not be a burden on the system. Most Autism services in Canada are paid out of pocket and waiting lists are long so not sure how a burden.

It’s all about Australia. I am in Australia.
I applied for a conditional PR which gives all medical benefits compared to PR, as a result they refused application. He has no physical problems and not in any medications too.
And I am trying to apply for PR in Canada where autism won’t reject our application.
Thank you

 

[GandiBaat]

Can anyone recommend a reliable and genuine consultant who can guide me for the process?
Thank you

I know one, though I have never used their services in that context. The reason I like him is because of his expertise. If you want I can send you their name / contact info. Do know that my son was born in Canada so we never had to work on his PR. He, like your child, has autism to a mild degree.

 

[Naturgrl]

It’s all about Australia. I am in Australia.
I applied for a conditional PR which gives all medical benefits compared to PR, as a result they refused application. He has no physical problems and not in any medications too.
And I am trying to apply for PR in Canada where autism won’t reject our application.
Thank you

So Australia has nothing to do with Canada. You are getting us involved in a non Canadian immigration issue. Autism is not a barrier for Canadian PR. What is your CRS score?

 

[GandiBaat]

It’s all about Australia. I am in Australia.
I applied for a conditional PR which gives all medical benefits compared to PR, as a result they refused application. He has no physical problems and not in any medications too.

Yeah, Australia has that issue. AFAIR, they allow you to take undertaking that you will not access certain benefits and their healthcare is a combination of private and public so a number of folks have private insurance to cover the expenses.

 

[GandiBaat]

So Australia has nothing to do with Canada. You are getting us involved in a non Canadian immigration issue. Autism is not a barrier for Canadian PR. What is your CRS score?

@Ritt
Ditto! What I can say is this (hopefully it will save you some money, if you want) :

1. Get your application in order, all documents collected etc.
2. Get you case reviewed by a consultant or a lawyer to weed out any obvious errors.
3. Apply.
4. Incase they send you PFL for medical inadmissibility, approach an expert lawyer to get it turned around.


PS: do remember, to mention any PR/visa refusals (like your australian one) in your canada application. That can mess up your application if you do not mention.

 

[anshib]

Anyone in CEC category with autistic kid still waiting for FD due to medicals.

 

[mandydias]

Anyone in CEC category with autistic kid still waiting for FD due to medicals.

No but I’ve got a child on the spectrum and applying through OINP JOFW program. Please keep me posted if you get the final decision. Has the process been smooth so far? Happy to share my progress as well.

 

[anshib]

Mine is CEC inland with one child in spectrum, AOR: Jan'24. It's been 3 months over the average processing time of 5 months.