PR - Family condition

[Lasthope]

PR for Autistic family member

My 6 year old son is having mild Autism. He is doing fine in general , no one can say he is having autism by looking at him.

We got our first medical done two year back in India and no one asked us about Autism and we did not told anyone too. It went ok. We able to come to Canada on WP. ( At that time we where not knowing that having Autism is not considered Ok )

Now I am planning to apply PR, now the big question is if its ok to tell Dr regarding Autism in advance or not tell and what to do if Dr come to know about same.

Please advice friends.. Anyone know any successful case where person having Autistic family member able to get PR.

 

[mrFoce]

Note: It is important that you inform the panel physician of any previous or existing medical conditions. Failure to do so will delay the processing of your medical examination

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In my opinion you have already misrepresented and I would seek legal help to see if you can recover from this, instead of seeking help in this forum.

 

[gladaki]

PR for Autistic family member

My 6 year old son is having mild Autism. He is doing fine in general , no one can say he is having autism by looking at him.

We got our first medical done two year back in India and no one asked us about Autism and we did not told anyone too. It went ok. We able to come to Canada on WP. ( At that time we where not knowing that having Autism is not considered Ok )

Now I am planning to apply PR, now the big question is if its ok to tell Dr regarding Autism in advance or not tell and what to do if Dr come to know about same.

Please advice friends.. Anyone know any successful case where person having Autistic family member able to get PR.

Don't worry..My family friend had applied for PR, he was rejected first time on basis of kid suffering from autism. But he got it on second time..so keep trying....it's not a written rule but they consider how much you will contribute to canadian economy and probably how much healthcare system will be used my ur family ..
there is another person I know they got in very first application...so my good wishes are with you ..

 

[Lasthope]

Thanks gladaki.

Can you please message me with details how your friend able to got PR on second attempt ?

 

[jsm0085]

The issue you will have is you misrepresented yourself. So, if they check your initial results - it will raise a huge flag, as you didn't tell the MD that your son suffered from this condition.

I'd also suggest you seek some legal advice before proceeding. Misrepresentation can get you banned from Canada.

 

[zardoz]

See my thoughts on this as well at http://www.canadavisa.com/canada-immigration-discussion-board/pr-with-autistic-family-member-t173230.0.html;msg2718336#msg2718336

 

[spookyb]

I also think that you should get a legal opinion. Also, in ENF 2 (Evaluating Inadmissibility), you will find the following passage:

"An application for a visa abroad, or for entry into Canada at a port of entry may be denied based on a misrepresentation made in connection with the current application or examination only, unless the person was previously the subject of a refusal for misrepresentation and the resulting two year inadmissibility period has not elapsed."

That would tell me that if you are truthful, you should not be charged with misrepresentation on a previous application. However, I am no expert, so please consult with one before you proceed.

 

[mrFoce]

I also think that you should get a legal opinion. Also, in ENF 2 (Evaluating Inadmissibility), you will find the following passage:

"An application for a visa abroad, or for entry into Canada at a port of entry may be denied based on a misrepresentation made in connection with the current application or examination only, unless the person was previously the subject of a refusal for misrepresentation and the resulting two year inadmissibility period has not elapsed."

That would tell me that if you are truthful, you should not be charged with misrepresentation on a previous application. However, I am no expert, so please consult with one before you proceed.

I actually think that this person knew very well what he was doing and did it on purpose. They might revoke your work permits and deny you PR because of this misrepresentation. If I do not believe that this was an hosest mistake, what do you think an officer will think that deals with cases like this all the time.

The sad thing is that I also think that if you were honest up front, it might not have been a big deal at all, but your actions caused misrepresentation which is the biggest deal you can get. Even if they were to give you citizenship and 10 years later they find out about this misrepresentation, they have the right to revoke your citizenship. Do you really want to live in fear that somehow the records of a doctors office of your home country get transferred over and inspected by a border agent?

It's up to you, I would play fair and honest and you might be able to recover. If you keep it quite, you might get away with it, but don't expect any sympathy if your plan falls through and you and your family get deported.

 

[gladaki]

I actually think that this person knew very well what he was doing and did it on purpose. They might revoke your work permits and deny you PR because of this misrepresentation. If I do not believe that this was an hosest mistake, what do you think an officer will think that deals with cases like this all the time.

The sad thing is that I also think that if you were honest up front, it might not have been a big deal at all, but your actions caused misrepresentation which is the biggest deal you can get. Even if they were to give you citizenship and 10 years later they find out about this misrepresentation, they have the right to revoke your citizenship. Do you really want to live in fear that somehow the records of a doctors office of your home country get transferred over and inspected by a border agent?

It's up to you, I would play fair and honest and you might be able to recover. If you keep it quite, you might get away with it, but don't expect any sympathy if your plan falls through and you and your family get deported.

I know this happened to the people who got PR in second time..They were refused and asked to apply after 2 years of time..Every case is different...

 

[spookyb]

I actually think that this person knew very well what he was doing and did it on purpose. They might revoke your work permits and deny you PR because of this misrepresentation. If I do not believe that this was an hosest mistake, what do you think an officer will think that deals with cases like this all the time.

The sad thing is that I also think that if you were honest up front, it might not have been a big deal at all, but your actions caused misrepresentation which is the biggest deal you can get. Even if they were to give you citizenship and 10 years later they find out about this misrepresentation, they have the right to revoke your citizenship. Do you really want to live in fear that somehow the records of a doctors office of your home country get transferred over and inspected by a border agent?

It's up to you, I would play fair and honest and you might be able to recover. If you keep it quite, you might get away with it, but don't expect any sympathy if your plan falls through and you and your family get deported.

mrFoce,

This is a forum for people to seek help on various immigration issues, so let's not be so quick to judge. I'm sure that if I look at previous forms I have submitted, I too will find mistakes. The question that the OP is asking is A) whether autism will prevent them from immigrating, and B) whether a past misrepresentation affects a current application where no misrepresentation has been made.

A) Only a CIC medical officer can make that judgement call
B) It seems from the operations manual (ENF2) that officers should only charge applicants with misrepresentation based on the current application, but I would seek advice from a lawyer

 

[mrFoce]

mrFoce,

This is a forum for people to seek help on various immigration issues, so let's not be so quick to judge. I'm sure that if I look at previous forms I have submitted, I too will find mistakes. The question that the OP is asking is A) whether autism will prevent them from immigrating, and B) whether a past misrepresentation affects a current application where no misrepresentation has been made.

A) Only a CIC medical officer can make that judgement call
B) It seems from the operations manual (ENF2) that officers should only charge applicants with misrepresentation based on the current application, but I would seek advice from a lawyer

I will not judge, but since they are posting this issue, it's not like it's a mistake and they are fully aware of what they did. Medical examination forms state It is important that you inform the panel physician of any previous or existing medical conditions., while he clearly states no one asked us about Autism and we did not told anyone too. People here seem to seek hope or genuine help, but some people are searching for other ways to bend the rules or work around the system. These people make immigration harder for everyone. Everyone makes mistakes, but this was not a mistake! Their post clearly tells so

 

[gladaki]

I actually think that this person knew very well what he was doing and did it on purpose. They might revoke your work permits and deny you PR because of this misrepresentation. If I do not believe that this was an hosest mistake, what do you think an officer will think that deals with cases like this all the time.

The sad thing is that I also think that if you were honest up front, it might not have been a big deal at all, but your actions caused misrepresentation which is the biggest deal you can get. Even if they were to give you citizenship and 10 years later they find out about this misrepresentation, they have the right to revoke your citizenship. Do you really want to live in fear that somehow the records of a doctors office of your home country get transferred over and inspected by a border agent?

It's up to you, I would play fair and honest and you might be able to recover. If you keep it quite, you might get away with it, but don't expect any sympathy if your plan falls through and you and your family get deported.

Be good to people and dont make judgments. Only people who is facing that condition really know the truth. And let Immigration officer and Medical officer make the judgement..

 

[gladaki]

Thanks gladaki.

Can you please message me with details how your friend able to got PR on second attempt ?

He just applied second time, i will check with him if he took any lawyer or immigration services. But. dont be afraid do apply. A person need to try, there are lot of things people are not aware of. And, unless some one gone through same situation as you really cant give you 100% correct advise.
As I said i know two people who applied , one got PR first time of his application and second one got it in second turn but he was also asked not to apply for 2 years.