My son has Down Syndrome

[lolsy82]

Thanks, will I find the physician info on the cic website? At the moment we expect him to need support whilst in school anything else would be on a respite provision for us which there isn't much of here in the uk for us so its not like we'd be loosing services in that respect. I will do some home work on the alberta services as previously it was Ontario as we had family there so I exhausted the research for there...
Does the fact he receives disability benefits or that his schooling is between special needs and mainstream split placement here hinder our chances?

 

[computergeek]

Thanks, will I find the physician info on the cic website? At the moment we expect him to need support whilst in school anything else would be on a respite provision for us which there isn't much of here in the uk for us so its not like we'd be loosing services in that respect. I will do some home work on the alberta services as previously it was Ontario as we had family there so I exhausted the research for there...
Does the fact he receives disability benefits or that his schooling is between special needs and mainstream split placement here hinder our chances?

I'm not sure he qualifies for disability benefits in Canada, but if he does then I would suspect that the VO would count the cost of those as part of the excessive demand threshold. Note that this does not count things like "tax credits" - it would need to be money the government (federal or provincial) would provide for services.

The costs of special needs is included in their computation. I would strongly suggest that you read the Hilewitz decision (http://canlii.org/en/ca/scc/doc/2005/2005scc57/2005scc57.html) as this is the controlling legal case and has some similarity to your own situation (a special needs child).

 

[worrie-ds]

I am on the same boat with you lolsy..my kid is already 9 yo and she doesnt need speech,occupational and physical therapy as well...she's on a mainstream program in her school and she can manage to be with regular kids....i emailed the Canadian Down Syndrome Society and they did reply sending me their position as to the immigration thing on families with DS dependent....and I quote " Canada prides itself as being a society which accepts, honors,respects and values diversity in individuals. The Canadian Charter of Rights and Freedom was introduced to guarantee equal treatment for all people.The existing immigration rules along with the Department of Immigration's view of people with Down Syndrome is antiquated,prejudicial and in direct contradiction of the Canadian Charter of Rights and Freedoms".
The Canadian Down Syndrome Society believes that all immigration applications should be considered respecting the dignity, worth and rights of all people regardless of disability or handicap and an understanding of the value of diversity in Canadian society." unquote....

 

[computergeek]

Anyone concerned about "excessive demand" should read the new CIC webpage on this: http://www.cic.gc.ca/english/resources/tools/medic/admiss/excessive.asp

It is detailed in its requirements of what the visa office is expected to send to anyone they deem excessive demand medically inadmissible. I know that having gone through the process, I received nothing even close to the level of detail now indicated as necessary by CIC.

In addition to the potential charter argument about discrimination due to disability, there is another interesting argument that the mandate for CIC to make health care decisions violates the separation of powers (health care is a provincial matter). But these are legal arguments and only people who go through the process and are refused by CIC and challenge them in court will be able to raise those issues.

CIC knows that excessive demand is a quagmire for them. I presume that it is for this reason that they put together this detailed explanation and flow chart of what should be done by medical officers and visa officers.

 

[lolsy82]

Im not able to open the medical link you posted computer geek, I will have a look at the case thank you for this. What I have found out is this a loop hole or is this too lucky...
* The excessive demand component is waived under the Family Sponsorship category of Canada immigration for the spouse, common-law partner, conjugal partner and dependent children of the Sponsor. The Sponsored person(s) still may be refused if their condition is considered to be a danger to Canadian public health or safety...
SO my question is this- if my husband was working again as he was on a work permit and filed for his PR & got this could he not sponsor us at a later date as he'd be working away anyway for financial reasons and I am finishing a college course.

Worried-ds whats your situation, what are you finding, have you filed papers yet?

 

[computergeek]

Im not able to open the medical link you posted computer geek, I will have a look at the case thank you for this. What I have found out is this a loop hole or is this too lucky...
* The excessive demand component is waived under the Family Sponsorship category of Canada immigration for the spouse, common-law partner, conjugal partner and dependent children of the Sponsor. The Sponsored person(s) still may be refused if their condition is considered to be a danger to Canadian public health or safety...
SO my question is this- if my husband was working again as he was on a work permit and filed for his PR & got this could he not sponsor us at a later date as he'd be working away anyway for financial reasons and I am finishing a college course.

Worried-ds whats your situation, what are you finding, have you filed papers yet?

It looks like there is an issue with the CIC web server now. It's likely transient and should start working at some point.

Correct. Sponsored spouse/partner and children are "Excessive Demand Exempt" and are not subject to medical inadmissibility.

BUT because your husband isn't already a permanent resident or Citizen of Canada, the entire family is examined - and if one member of the family is inadmissible, the entire family is inadmissible.

 

[lolsy82]

Hopefully they are updating & loading the new physicians guides

See this is what I'm confused at as his skilled worker visa (2011-12) was just for him as he went over himself guys he worked with done the same & filled for their PR's & now have them.... Had my husband have done this as a single applicant could we have been sponsored at a later date??

 

[scylla]

Hopefully they are updating & loading the new physicians guides

See this is what I'm confused at as his skilled worker visa (2011-12) was just for him as he went over himself guys he worked with done the same & filled for their PR's & now have them.... Had my husband have done this as a single applicant could we have been sponsored at a later date??

No - this won't work. Even if your husband had decided to immigrate himself, he would have to included you and all of his children in his application and everyone would have to passed the medical. So whether only he applied to immigrate or whether all of you applied together would have made no difference. You would still be facing the same problem.

 

[lolsy82]

Having read the PR form closer I see what you mean, basically he'd need to have been a PR/Citizen before we met and had kids... pity its not easier or fairer.... life eh!

So you guys what's your story, do have kids with special needs and if so how was your process if successful?

 

[scylla]

Having read the PR form closer I see what you mean, basically he'd need to have been a PR/Citizen before we met and had kids...

Yes - that's right. If he had been a PR or citizen before you met / had children, medical inadmissibility wouldn't be an issue.

 

[lolsy82]

Yeah seems to be the way of it.... it's just so infuriating isn't is your life in a person you have never met or likely to hands! Thanks I think application will follow the Canadian Experience Class visa from the UK and if he needs to go work ahead of us so be it but as long as we know its PR status for us all.

Just need to keep plugging away getting more medical information...

 

[computergeek]

Yes - that's right. If he had been a PR or citizen before you met / had children, medical inadmissibility wouldn't be an issue.

And note this is a very big deal in Canadian immigration law. If you apply without declaring a family member, that family member is excluded by law from consideration as being family for the purposes of immigration in the future (IRPR Section 117(d)(9) as I recall). If you dissolve a relationship in order to avoid this aspect of immigration, CIC will similarly object ("dissolution of convenience"). Note that the standards for inadmissibility are not the same for temporary applications as they are for permanent applications as well, so it is possible to obtain a work permit, even when one cannot obtain permanent residency.

Note that it is much easier to build a successful case for mitigation when one is already in Canada (e.g., temporarily). Note that the new CIC web page and flow chart actually points to this question: if the applicant is already in Canada, have they utilized government funded services? It's easier to make qualified arrangements (insurance, health trusts, etc.) from in Canada. Plus, if they do refuse you, someone in Canada can raise Charter rights issues that are not available to someone outside Canada.

 

[lolsy82]

Yeah totally understand the legality of all family members applying now, was thinking it sounded far too good ha ha!. I appreciate that its easier to apply from there but logistically I just don't see it working unless we knew about medical situation & PR status- its too big a move and giving up on our home etc here if it didn't work out & we had to return... Do you think that my husband working on a permit & us being in the UK whilst we wait for PR decision would be better or all applying from here in UK- we would be filing under Canadian Experience Class?

So this is my thought- I'm going to phone the medical centre where we'd use and get info from sons situation
Is there anyone in Canada I can speak to about the medical issues to get a better understanding of everything they look at?

 

[computergeek]

So this is my thought- I'm going to phone the medical centre where we'd use and get info from sons situation
Is there anyone in Canada I can speak to about the medical issues to get a better understanding of everything they look at?

Start with the Canadian Down's Syndrome Society: http://www.cdss.ca - I'm sure they will be able to point you in the right general direction.

 

[vishaal]

Hi ! Eager to know if some one from Dubai with DS child has applied for Canada Immigration.