Signature for Autistic Child

[anthony2532]

Hello,

I'm Canadian and am sponsoring my American wife and her son for permanent residence status. We also have a daughter together who is a dual citizen and we all reside in Canada - my wife and step son are on a visitors permit.

The application process has been dragging on and since we first submitted the application, my step son has turned 18. Therefore, CIC is requesting my step son fill in a background declaration and additional family information form.

The problem is my step son is autistic. We can fill out the forms for him, but when it comes to the signature, he doesn't really understand anything about the forms. Should we have him sign anyway or should his mother sign on his behalf. Does anyone have any suggestions. Thanks in advance.

 

[JUSTALONELYGAL]

Hello,

I'm Canadian and am sponsoring my American wife and her son for permanent residence status. We also have a daughter together who is a dual citizen and we all reside in Canada - my wife and step son are on a visitors permit.

The application process has been dragging on and since we first submitted the application, my step son has turned 18. Therefore, CIC is requesting my step son fill in a background declaration and additional family information form.

The problem is my step son is autistic. We can fill out the forms for him, but when it comes to the signature, he doesn't really understand anything about the forms. Should we have him sign anyway or should his mother sign on his behalf. Does anyone have any suggestions. Thanks in advance.

I wouldn't let her sign, explain to him and if he's not capable of understanding but can sign let him sign anyways at the end of the day he's 18 and his mom singing despite his condition if CIC were to pick up on it (they probably won't, but you never know) it might be counted as misrepresention however i could be wrong let's see what others have to say

 

[frege]

Hello,

I'm Canadian and am sponsoring my American wife and her son for permanent residence status. We also have a daughter together who is a dual citizen and we all reside in Canada - my wife and step son are on a visitors permit.

The application process has been dragging on and since we first submitted the application, my step son has turned 18. Therefore, CIC is requesting my step son fill in a background declaration and additional family information form.

The problem is my step son is autistic. We can fill out the forms for him, but when it comes to the signature, he doesn't really understand anything about the forms. Should we have him sign anyway or should his mother sign on his behalf. Does anyone have any suggestions. Thanks in advance.

I don't think he should sign, because there's no way to know that he actually understands what he's signing.

Does your wife have some form of legal guardianship over him? I think she should fill out the form for him, and then sign her name with the words "MOTHER (AND LEGAL GUARDIAN)" beside her signature, depending on whether she has guardianship. Then send a cover letter explaining that he is autistic, that he lacks the mental ability to fill out and sign the form for himself, that she has done it for him, and asking them to inform you whether any further steps are needed with regard to that form. That way it's in their hands to tell you what your next steps need to be.

Since a medical examination is going to be done anyway, that will probably be sufficient proof for them that he is mentally disabled, as long as the doctor mentions that that is the case. Otherwise go to another doctor.

The other possible questions would be to do with her legal authority over him, and I honestly wouldn't know what to do about that if they raise the issue. She might be required to get legal guardianship of him in the province you live in, even though they're on visitor status, and it would seem prudent to do that now anyway. I imagine that whether you need to do that might depend on the age of majority in your province. In Quebec, that is definitely something parents need to do when their mentally disabled children turn 18.