Son with Cerebral palsy - medical inadmissibility

[skpriya78]

Hi , I am trying to get in to submit for express entry as a primary applicant . My son who is 11 years old has Cerebral palsy which affects his motor ability and needs a wheelchair to move around . He has a nor IQ for a child of his age and goes to a regular school . I was wondering if his condition will be taken as an account for medical inadmissibility . He needs regular physiotherapy which me and my husband provide at home. He also wears some gaiters and Orthotics to help him with the movement .

Please let me know if i can go about applying for the express entry . We satisfy all the other criteria except this and would like to have a clear view before we go about the next steps .

Please help us . looking forward for some thoughts and insights .

 

[scylla]

Unfortunately there's no black and white answer to your question. Given your son's condition, it is quite likely that CIC will have concerns and may issue a fairness letter due to medical inadmissibility. However just because a fairness letter is issued doesn't mean you will be refused. The fairness letter does indicate that CIC intends to refuse your application. However it also provide you with the opportunity to argue why your son is in fact medically admissible. You would do this through demonstrating that the care he will require over the next 5-10 years will not exceed $6,500 in expenses to Canada's health and social care systems per year. To prove this, you will want to have evidence of what treatment / support he is receiving now - not just medically but any support in terms of schooling - and quantify the costs of these benefits in Canada. It's very good news that you are providing physical therapy on your own at home. That's the sort of thing you'd want to document through letters from his doctor.

So short answer is that none of us can predict what will happen - although it's quite likely CIC will question whether he is medically admissible. You are absolutely free to apply for Express Entry. If you do, I would start preparing for the fairness letter now by gathering evidence from his doctors, understanding what any costs may be in Canada, etc.

Good luck.

 

[skpriya78]

Unfortunately there's no black and white answer to your question. Given your son's condition, it is quite likely that CIC will have concerns and may issue a fairness letter due to medical inadmissibility. However just because a fairness letter is issued doesn't mean you will be refused. The fairness letter does indicate that CIC intends to refuse your application. However it also provide you with the opportunity to argue why your son is in fact medically admissible. You would do this through demonstrating that the care he will require over the next 5-10 years will not exceed $6,500 in expenses to Canada's health and social care systems. To prove this, you will want to have evidence of what treatment / support he is receiving now - not just medically but any support in terms of schooling - and quantify the costs of these benefits in Canada. It's very good news that you are providing physical therapy on your own at home. That's the sort of thing you'd want to document through letters from his doctor.

So short answer is that none of us can predict what will happen - although it's quite likely CIC will question whether he is medically admissible. You are absolutely free to apply for Express Entry. If you do, I would start preparing for the fairness letter now by gathering evidence from his doctors, understanding what any costs may be in Canada, etc.

Good luck.

Dear Scylla ,

Thanks a lot for your response , Will do so by getting the letters from his doctor .. in the mean time was there any cases where a family has got a PR with a kid having cerebral palsy. As mentioned we can show evidence on being financially capable of handling his medical expense and will not be a burden to Canada's health and social care system ..

When you mentioned support in school ? does it mean special education ? or physical support . As of now we do require some physical help in moving him around in school but we are working on making him more independent in his movement . Can we specify this in the fairness letter . We have done surgeries which will help him in walking independently .

 

[scylla]

Dear Scylla ,

Thanks a lot for your response , Will do so by getting the letters from his doctor .. in the mean time was there any cases where a family has got a PR with a kid having cerebral palsy. As mentioned we can show evidence on being financially capable of handling his medical expense and will not be a burden to Canada's health and social care system ..

When you mentioned support in school ? does it mean special education ? or physical support . As of now we do require some physical help in moving him around in school but we are working on making him more independent in his movement . Can we specify this in the fairness letter . We have done surgeries which will help him in walking independently .

I'm not aware of specific cases - but I'm sure they are out there.

On the financial side - you're not aiming to prove you are financially capable of handling his medical expenses. This is the wrong approach to the fairness letter. What you need to prove is that any expenses will amount to less than $6,500 per year. Stating that you will cover expenses doesn't help the fairness letter argument since once someone is a PR, they are entitled to use the health care and social care system - and there's no way for the government to enforce your commitment to cover expenses. So again, what you're aiming to demonstrate is that costs are under $6,500 per year. Hope that make sense.

From a school perspective, if he relies on assistance from a support worker or educator while there (apart from his main teacher) - either to help with his studies or help with mobility - you would want to factor that into the costs (since CIC will factor this in when they do their assessment). Anything you can do to show he doesn't require assistance will be helpful.

 

[scylla]

If you want to try to research successful cases - likely the only source for this information is the federal court appeals database. This is where applications have been refused and people have appealed those decisions. You can search on key words.

https://beta.canlii.org/en/ca/#search/jId=ca&text=cerebral&origJId=ca

 

[hope106]

Hi , I am trying to get in to submit for express entry as a primary applicant . My son who is 11 years old has Cerebral palsy which affects his motor ability and needs a wheelchair to move around . He has a nor IQ for a child of his age and goes to a regular school . I was wondering if his condition will be taken as an account for medical inadmissibility . He needs regular physiotherapy which me and my husband provide at home. He also wears some gaiters and Orthotics to help him with the movement .

Please let me know if i can go about applying for the express entry . We satisfy all the other criteria except this and would like to have a clear view before we go about the next steps .

Please help us . looking forward for some thoughts and insights .

Hi, did u get through the PR process? Asking as mine is a similar case, pls reply

 

[CAN_Imm]

Hi, did u get through the PR process? Asking as mine is a similar case, pls reply

Can you describe your situation and your progress? I might have some ideas for you.

 

[hazrath]

Hi, did u get through the PR process? Asking as mine is a similar case, pls reply

Hi all, I am also joining this discussion which is quite old. My child who is turning 3 year old next month is having minor development delay. He is having delayed speech, little difficulty in walking and understanding the situations. He is presently undergoing various therapies. I am about to create my profile next month after successfully processing WES and IELTS. What are the possible challenges I might face in PR application and how can I address? Requesting you to share your valuable experiences and ideas. Thank you in advance.

(If there are more such parents can we create a common watsup group or so have fruitful discussion)

Hazrath.

India, hazrathgazzali@gmail.com

 

[canuck78]

Hi all, I am also joining this discussion which is quite old. My child who is turning 3 year old next month is having minor development delay. He is having delayed speech, little difficulty in walking and understanding the situations. He is presently undergoing various therapies. I am about to create my profile next month after successfully processing WES and IELTS. What are the possible challenges I might face in PR application and how can I address? Requesting you to share your valuable experiences and ideas. Thank you in advance.

(If there are more such parents can we create a common watsup group or so have fruitful discussion)

Hazrath.

India, hazrathgazzali@gmail.com

Would anticipate that you may face procedural fairness due to medical inadmissibility. Luckily you are in a much better position than last year where you would have very likely been refused due to special education alone. You will have to prove that your child's medical needs will be under 19.5k/year. Does your child require a wheelchair, walkers, crutches, braces? Does your child require physiotherapy or occupational therapy? Speech pathology? Have vision issues? Have contractors that require surgery or botox injections? Does your child has neurological issues like seizures? Other medical issues? Does he take medications? All these things must be tallied. It all really depends on the level of CP.

 

[canuck78]

Should also point out that accessing many of the therapies, mobility aids, medication, etc. often is dependent on you having a job with extended health benefits. Usually the coverage will not cover 100% of the costs or will only cover a certain number of treatments. Your family will have to shoulder a percentage of the health costs. There is also the issue of care as an adult. There is much less services for adults with additional health needs so it usually requires the family to do the majority of care. Would not move to Canada, if you are approved, without a job with extended health benefits.

 

[hazrath]

Heartfelt thanks and gratitude for your response. Just had a chance to follow this news and getting some confidence.

https://www.canadim.com/canada-relaxes-medical-inadmissibility/

My child is facing hypotonic physical issues and there are improvements. (So botox is not need). Presently trying in standing position. Some amount of vocalisation has started. No issues with hearing and eye. Physically he is fit. I am hopeful that by the time the medical stage approach more improvement can be made and new legislation will be more supporting.

 

[hazrath]

Can you describe your situation and your progress? I might have some ideas for you.

hazrathgazzali@gmail.com

 

[hazrath]

Hi, did u get through the PR process? Asking as mine is a similar case, pls reply

hazrathgazzali@gmail.com

 

[canuck78]

Heartfelt thanks and gratitude for your response. Just had a chance to follow this news and getting some confidence.

https://www.canadim.com/canada-relaxes-medical-inadmissibility/

My child is facing hypotonic physical issues and there are improvements. (So botox is not need). Presently trying in standing position. Some amount of vocalisation has started. No issues with hearing and eye. Physically he is fit. I am hopeful that by the time the medical stage approach more improvement can be made and new legislation will be more supporting.

Will all depend on the level or care needed. The costs or braces of mobility aids are very high so it will all depend on the overall cost. You will also have to determine whether you can secure a job that provides good insurance and if your family can shoulder the extra costs. The cost of therapy and extra care is much higher in Canada and is often not covered by provincial healthcare.

 

[aminoamino]

Hi all, I am also joining this discussion which is quite old. My child who is turning 3 year old next month is having minor development delay. He is having delayed speech, little difficulty in walking and understanding the situations. He is presently undergoing various therapies. I am about to create my profile next month after successfully processing WES and IELTS. What are the possible challenges I might face in PR application and how can I address? Requesting you to share your valuable experiences and ideas. Thank you in advance.

(If there are more such parents can we create a common watsup group or so have fruitful discussion)

Hazrath.

India, hazrathgazzali@gmail.com

You need to provide evidence that in the next 5 years, your son's condition will not cost the the public health AND social services more than 20k/year. As others pointed out, you son's medical condition is quite stable but you still have to show that you can afford most of those cost yourself or by a private insurance (a mitigation plan). On the other hand, it is much more difficult to assess the cost of social service for your son (in 5 years, you son will be in public school).

Even though the threshold of Medical Inadmissibility was increased to ~20k in April 2018, there is no word on how long it will take for these cases be processed - in the past, they can take months to years to process.