Disabled American Applying under Family Class

[kevp]

Hi, found this forum in a google search. I've been in relationship with my now wife (married Jan. 2010), for several years. I'm an American on Social Security Disability for an arthritic knee. Because I don't work, we've been able to maintain a relationship by me spending six months a year there as a visitor without temporary residency permits or work permits, as I have an income from the federal government. So we decided to get married and file for permanent residency this year. It's all very scary to us, so we keep putting it off, because we're afraid they'll just say no and it's so expensive we can't afford an attorney or lengthy appeals. So I guess my question is this... does my being on Federal Disability make my chances of being accepted as a permanent resident extremely difficult?

 

[Karlshammar]

No, it shouldn't make a difference. Spouses are exempt from any medical demand criteria (except public health danger, which a disability clearly is not).

Relax, it's a drawn out process and at times frustrating, but I can assure you that you it will not be the most frustrating experience of your life by far.

 

[explorer101]

Hi, found this forum in a google search. I've been in relationship with my now wife (married Jan. 2010), for several years. I'm an American on Social Security Disability for an arthritic knee. Because I don't work, we've been able to maintain a relationship by me spending six months a year there as a visitor without temporary residency permits or work permits, as I have an income from the federal government. So we decided to get married and file for permanent residency this year. It's all very scary to us, so we keep putting it off, because we're afraid they'll just say no and it's so expensive we can't afford an attorney or lengthy appeals. So I guess my question is this... does my being on Federal Disability make my chances of being accepted as a permanent resident extremely difficult?

Disability is no ground of rejection. Despite my disablity I was granted immigration and right now I am in Canada. Several people here show surprise when they hear that despite my disability I was granted visa by CIC. Disability which is too much burden on health care is a problem.

 

[angelbrat]

No....I am deaf. I was given my PR Inland, in less than 8 months.

My disability was never an issue. You will have no problems with your PR application due to your health.

Merry Xmas and a Happy New Year....we all understand the scary part of applying but there are many people on this forum that will help you both through this time.

So go for it!!!!!!!!!!!!

 

[RobsLuv]

Disability which is too much burden on health care is a problem.

Spousal and common-law sponsorships are excessive medical demand exempt . . . so it's not true that a "disability which is too much burden on health care" is a problem. Unless you have a medical condition that poses a threat to Canadian public safety or health, you cannot be refused because you have an arthritic knee, or because you are on US Federal disability.

 

[owoblow]

Hi angelbrat,

I am writing to ask you this question because i have a similar case with you.

Though i am applying outland, but i have a son with hearing impairment and they sent us a fairness letter this month that my son might be medically inadmissible because he has hearing impairment. That we should provide additional information that he will not be exccesive demand on social services.

You mentioned that you have the same challenge and you were given the PR Visa, were you given any fairness letter or how did you go about it. Please kindly share your experience with me.

Pls see the fairness letter sent to me below:

I am now completing the assessment of your application for a permanent residence visa. It appears that you may not meet the requirement for immigration to Canada.

I have determined that your family member, ....... is person whose health condition might reasonably be expected to cause excessive demand on health or social services.
Pursuant to section 38(1) (c) of the immigration and refugee protection act it appears that he may be inadmissible on health grounds. The regulatory definitions of these terms are attached.

Section 42 of the act states that;"A foreigner, other than a protected person, is inadmissible on grounds of an inadmissible family member if (a) their accompanying family member or, in prescribed circumstances, their non accompanying member, is inadmissible"

Your minor son, has the following, medical condition or diagnosis; impaired hearing or Deafness, diagnosis; deafness (389).

Before I make my final decision, you may submit additional information relating to this medical condition or diagnosis. You may also submit any information addressing the issue of excessive demand if it applies to your case.

 

[kelKel]

Owoblow from what I can recall your application is under the skilled worker class? There are different rules for members of the family class.