Applying under CEC with child with autism

[mountain mama]

Hi all,
Looking for some some-what urgent advice. Our situation is as follows:

We have been in Canada almost 4 years. The first 3 years were under my husbands NAFTA work permit. Now, I have begun school and I am here under my study permit. We just completed our PR application and had it reviewed by an immigration lawyer. One issue came up as a concern. However, I am asking for ideas here as we aren't getting a lot of answers about what we should do.

We have a 6-year old daughter with mild autism. She was diagnosed in canada and thus receives services here for that. He does not think we should apply with her receiving services. Instead, he thinks we should refuse all services and then sign an agreement with CIC that we will not pursue services in the future.

Questions:
1. Has anyone done this with success (refusing social services)? Would we do it now or wait until the medical or rejections and then do it? Does this also mean the school needs to refuse the funding they are entitled to with a child with autism? Is it really necessary to refuse them before we apply?

2. If we end up getting rejected for PR, does this then impact our ability to stay here and continue to obtain our temporary permits? My study permit is given on a yearly basis even though it is a 7-year graduate program, so that means we are renewing on a yearly basis and will this then raise red flags?

3. Any experience with successfully obtaining PR while having a child with ASD. Honestly, it is unlikely she will even show any signs in the medical exam as she appears pretty "normal" functioning at this point.

Thank you so much!

 

[jsm0085]

Hey,

That's a rough situation to be in when it comes to immigration. It won't be as simple as signing a form refusing to claim for services going forward. You would need to show that you have access to the funds to pay for all of that treatment out of your own pocket going forward, which would be incredibly difficult for most.

I'd suggest speaking with a good lawyer. If you are in the Toronto area you could try Chantal Desloges.

Good luck.

 

[CECFeb17]

I totally agree with jsm0085. Immigration does not accept a foreigner who could be a burdern to Canadian citizen/society/economy. THat is why an applicant has to prove his/her ability to contribute to Canadian economy by either education and work experience (CEC category), or already found employment opportunity, or special skills, or business investment (lots of money to bring in here). If your dependents are sick and thus would need medical or financial support from Canada, or more exactly speaking Canadian taxpayer's monies, Immigration would raise a red light. It is not just Canada - it is the basic priinciple of immigration poilcy in any country.

so, as ksm0085 said, you have to prove that your daughter would not rely on Canadian taxpayer's money for her condition. You should be able to show that you yourself have a means to deal with her condition independently without Govn't support. Whether you hire a lawyer or not, the basic principle is the same.. Lawyer would simply be better to gather your information and present it to the Immigration in more effective and convincing manner, but the facts would not change.

 

[zardoz]

As I understand it, there is nothing that you can sign that will remove your future rights to health or social services. Therefore CIC will refuse any such declaration. You need to respond to a refusal "Fairness Letter" using a different methodology. I believe that the person who has experience of this is "Computergeek", so you should seek him out.
Check out this website -> http://medicallyinadmissible.com/

 

[jsm0085]

Actually for the purposes of immigration you can but you also need to be able to show you have the funds to cover the required services - which most people cannot do.

 

[zardoz]

Actually for the purposes of immigration you can but you also need to be able to show you have the funds to cover the required services - which most people cannot do.

If only it was that easy. I suggest that you visit the site that I listed, to find out how it really works...

 

[jsm0085]

No one said it would be easy - in fact I said it would likely be rather difficult. I suggest you read:

http://www.cba.org/dev/saskatchewan/main/pdf/mwm_2014_cle2d_yang.pdf

What I've said it accurate - it's not a guarantee but it is accurate. When it comes to medical inadmissibility it's always going to be a tough fight and for that reason I suggested the OP contact an immigration lawyer.

 

[zardoz]

No one said it would be easy - in fact I said it would likely be rather difficult. I suggest you read:

http://www.cba.org/dev/saskatchewan/main/pdf/mwm_2014_cle2d_yang.pdf

What I've said it accurate - it's not a guarantee but it is accurate. When it comes to medical inadmissibility it's always going to be a tough fight and for that reason I suggested the OP contact an immigration lawyer.

+1 Interesting reading... Thanks for the link. Maybe the process is better than it was when when Computergeek was fighting for the same exemptions.