Question about Immigration Rules

[Tesinato]

Hiya everyone. I'm from the US, and sadly have been disabled for the last 10 years of my life with an Auto immune disorder. It is very unlikely to go away. Currently I'm on disability by the US. Now that you have that information, here are a few of my questions.

Is it possible for a disabled person to Immigrate to Canada? I realize that I would lose my benefits from the states, and that would be fine. I met a girl that lives in your great country, and we have been tossing the idea around about possibly relocating me. I wanted to get more information about what my options would be, to see if this could even work. Thanks for you advice.

 

[computergeek]

Your condition is not a public health hazard, so it falls into the category known as "excessive demand".

Sponsored spouse/partner and dependent children are exempt from the excessive demand provision of the law. So, if you qualify as a spouse or common-law partner, your medical condition would not disqualify you for immigration purposes.

As for losing your benefits, you should confirm that this is the case because it isn't necessarily true, as it depends upon the benefits.

Good luck!

 

[Tesinato]

Figured since it was a Federally funded program, if I wasn't a citizen anymore, they wouldn't pay. Good to know that I would be exempt from it though. That definitely makes it easier. So I would have to marry this woman before I would be able to immigrate? Or would I need to visit for awhile and live in Canada on a TRV before doing that?

 

[computergeek]

Figured since it was a Federally funded program, if I wasn't a citizen anymore, they wouldn't pay.

Why would you cease to be a citizen? Actually renouncing US citizenship is an undertaking, in which you must file an application, pay the fee, undergo an interview, etc. Becoming a PR of Canada doesn't mean you cease being a US citizen, and even becoming a Canadian citizen doesn't mean you cease being a US citizen. If you enter into the military service of a hostile foreign power, THEN you might cease to be a US citizen.

Good to know that I would be exempt from it though. That definitely makes it easier. So I would have to marry this woman before I would be able to immigrate? Or would I need to visit for awhile and live in Canada on a TRV before doing that?

You must either qualify as common-law (having lived together in a marriage-like relationship for at least one continuous year) OR you must be married (and be able to demonstrate the relationship is genuine).

As a US citizen you are visa exempt so you would normally stay as a visitor (for which you can obtain a "visitor record" and this can be renewed provided you meet the qualifications for renewal.)

 

[Tesinato]

Thank you m8. You have been most helpful. One last question if I may. Does she need to be a Citizen or PR for this to occur as well? Right now she is on a student visa, but is also a US citizen along with DR as her first country. I'm trying my best to sort out these questions so I know what kind of process I'm up against. There is also talk of her moving back to the states to be with me, but I wanted to give her options.

 

[PMM]

Hi

Thank you m8. You have been most helpful. One last question if I may. Does she need to be a Citizen or PR for this to occur as well? Right now she is on a student visa, but is also a US citizen along with DR as her first country. I'm trying my best to sort out these questions so I know what kind of process I'm up against. There is also talk of her moving back to the states to be with me, but I wanted to give her options.

Yes, she has to be a PR or a citizen to sponsor you.

 

[Leon]

As a student, she can bring a spouse or common law partner to stay with her while she studies and you could get an open work permit based on her study permit but of course you'd first have to be common law (lived together for 12 months) or married.

In order to sponsor you for PR, she first has to be a PR or citizen herself. However, if she applies for PR and you are already married or common law at that time, she would have to include you in her application and your disability may stop both of you from getting PR if you apply as a couple.

Because of that, you have to plan carefully how you go ahead. If she wants to get PR in Canada, she should apply for it before you become common law partners or get married. That way, she would get her PR and she could sponsor you later.

 

[Tesinato]

Thank you Leon. That clears a lot up for me. Now I know what is entailed in all this. Thanks so much for all the help everyone, it is has been greatly appreciated.