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autistic 14 year old & immigration

autistic 14 year old & immigration

Old Dec 26th 2009, 5:39 am
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Unhappy autistic 14 year old & immigration

Hi all, I'm new to the site so hopefully you guys can help me out here. My husband has been in canada for 2 years & 4 months now, myself and my two children 16 & 14 have been in Canada for 18 months. We are here on my husband skilled worker visa which expires in April 2010. We have been fast tracked on the Provincial nominee program and have had our medicals completed. The immigration officer now wants information on my sons autism before they make a final decision. They have asked for reports from the schools Educational Psychologist, principle, school assistants etc on level of support and funding allocation etc. This is probably going to look very bad as he's on the highest level of funding schools can get as educationally he needs a lot of support. From what i have read our chances of being approved are slim to none as i think they will use 'excessive drain on social services and health', which is totally not true as he never goes to the doctors nor do we have a social worker and our every intention is to prepare him for work, even if it is a menial job but at least he can earn his own money. We are wanting to know if any other families have gone through this and if you got approved how did you do it? I currently work with disabled adults as a supervisor at a Day Program and my son is no where near as needy as my guys but how do we prove it. Its as if they want us to look into a crystal ball and predict his future. No where on this process did it tell us that if we had a child with a developmental delay would be not be approved. I have read many cases on this type of thing and it looks like if you are not in the investment or self employed class then you don't stand a chance. What they don't seem to consider is that we gave up everything to come here and have nothing to go back to....my eldest son won't even have any qualifications as in the UK he would have taken his exams last year whereas here he doesn't leave until he has another 18 months left.
I hope someone has fought this and won and can give me some advice as i'm getting fairly worried now.
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Old Dec 26th 2009, 5:59 am
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Default Re: autistic 14 year old & immigration

Hi

Originally Posted by fatcat65
Hi all, I'm new to the site so hopefully you guys can help me out here. My husband has been in canada for 2 years & 4 months now, myself and my two children 16 & 14 have been in Canada for 18 months. We are here on my husband skilled worker visa which expires in April 2010. We have been fast tracked on the Provincial nominee program and have had our medicals completed. The immigration officer now wants information on my sons autism before they make a final decision. They have asked for reports from the schools Educational Psychologist, principle, school assistants etc on level of support and funding allocation etc. This is probably going to look very bad as he's on the highest level of funding schools can get as educationally he needs a lot of support. From what i have read our chances of being approved are slim to none as i think they will use 'excessive drain on social services and health', which is totally not true as he never goes to the doctors nor do we have a social worker and our every intention is to prepare him for work, even if it is a menial job but at least he can earn his own money. We are wanting to know if any other families have gone through this and if you got approved how did you do it? I currently work with disabled adults as a supervisor at a Day Program and my son is no where near as needy as my guys but how do we prove it. Its as if they want us to look into a crystal ball and predict his future. No where on this process did it tell us that if we had a child with a developmental delay would be not be approved. I have read many cases on this type of thing and it looks like if you are not in the investment or self employed class then you don't stand a chance. What they don't seem to consider is that we gave up everything to come here and have nothing to go back to....my eldest son won't even have any qualifications as in the UK he would have taken his exams last year whereas here he doesn't leave until he has another 18 months left.
I hope someone has fought this and won and can give me some advice as i'm getting fairly worried now.
1. Although your son doesn't need medical help, what will be looked at is the cost to the school system, as you say he requires the highest level of funding, which probably a near full time aide. This costs money.
2. There a few who have won at the federal court level, but most were in the business class you may wish to read: http://decisions.fca-caf.gc.ca/en/20...007fca282.html


"Barnes J. (judge) of the Federal Court ruled that, in assessing under paragraph 38(1)(c) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 whether the respondents “might reasonably be expected to cause excessive demand on health or social services”, the appellant erred when he failed or refused to consider the financial ability and willingness of Mr. and Mrs. Colaco to contribute to their daughter’s future social services support requirements. The respondents’ daughter, Jocelyn, suffers from a mild cognitive disability which may require limited social services support."

You probably should start searching the Federal Court and Appeal court rulings using "excessive demand" as the search criteria http://decisions.fct-cf.gc.ca/fc-eliisa/?language=EN

You are probably going to need a very good Immigration lawyer with experience in medical refusals.
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Old Dec 26th 2009, 9:09 am
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Default Re: autistic 14 year old & immigration

Originally Posted by fatcat65
Hi all, I'm new to the site so hopefully you guys can help me out here. My husband has been in canada for 2 years & 4 months now, myself and my two children 16 & 14 have been in Canada for 18 months. We are here on my husband skilled worker visa which expires in April 2010. We have been fast tracked on the Provincial nominee program and have had our medicals completed. The immigration officer now wants information on my sons autism before they make a final decision. They have asked for reports from the schools Educational Psychologist, principle, school assistants etc on level of support and funding allocation etc. This is probably going to look very bad as he's on the highest level of funding schools can get as educationally he needs a lot of support. From what i have read our chances of being approved are slim to none as i think they will use 'excessive drain on social services and health', which is totally not true as he never goes to the doctors nor do we have a social worker and our every intention is to prepare him for work, even if it is a menial job but at least he can earn his own money. We are wanting to know if any other families have gone through this and if you got approved how did you do it? I currently work with disabled adults as a supervisor at a Day Program and my son is no where near as needy as my guys but how do we prove it. Its as if they want us to look into a crystal ball and predict his future. No where on this process did it tell us that if we had a child with a developmental delay would be not be approved. I have read many cases on this type of thing and it looks like if you are not in the investment or self employed class then you don't stand a chance. What they don't seem to consider is that we gave up everything to come here and have nothing to go back to....my eldest son won't even have any qualifications as in the UK he would have taken his exams last year whereas here he doesn't leave until he has another 18 months left.
I hope someone has fought this and won and can give me some advice as i'm getting fairly worried now.
Where abouts in canada are you??
i have a friend who has gone through the same and used a real good company, there child got through the process
Also there is a couple on here that moved over, there child had aspergers, they struggled, but managed to get PR, you really need to prove that they are not a drain on the system, it can be done
Good Luck
LB
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Old Dec 26th 2009, 11:15 am
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Default Re: autistic 14 year old & immigration

Originally Posted by fatcat65
Hi all, I'm new to the site so hopefully you guys can help me out here. My husband has been in canada for 2 years & 4 months now, myself and my two children 16 & 14 have been in Canada for 18 months. We are here on my husband skilled worker visa which expires in April 2010. We have been fast tracked on the Provincial nominee program and have had our medicals completed. The immigration officer now wants information on my sons autism before they make a final decision. They have asked for reports from the schools Educational Psychologist, principle, school assistants etc on level of support and funding allocation etc. This is probably going to look very bad as he's on the highest level of funding schools can get as educationally he needs a lot of support. From what i have read our chances of being approved are slim to none as i think they will use 'excessive drain on social services and health', which is totally not true as he never goes to the doctors nor do we have a social worker and our every intention is to prepare him for work, even if it is a menial job but at least he can earn his own money. We are wanting to know if any other families have gone through this and if you got approved how did you do it? I currently work with disabled adults as a supervisor at a Day Program and my son is no where near as needy as my guys but how do we prove it. Its as if they want us to look into a crystal ball and predict his future. No where on this process did it tell us that if we had a child with a developmental delay would be not be approved. I have read many cases on this type of thing and it looks like if you are not in the investment or self employed class then you don't stand a chance. What they don't seem to consider is that we gave up everything to come here and have nothing to go back to....my eldest son won't even have any qualifications as in the UK he would have taken his exams last year whereas here he doesn't leave until he has another 18 months left.
I hope someone has fought this and won and can give me some advice as i'm getting fairly worried now.
It must be a hard situation to be going through having already moved to Canada. The immigration officials however cannot consider that you have nothing to go back to in the UK. That was a chance you took, especially with a special needs child. Their role is to ascertain what is in the best interests of Canada and Canadians. Having come over on a temporary permit, there was always the possibility of it remaining temporary. As hard as it is for you to demonstrate your child's needs in the future, CIC are not in the business of doing the same, they air on the side of caution.

Sorry, I may sound unsympathetic, I am not, just trying to be realistic. I have a friend who went through something similar, a child with disabilities, but before they moved over. Their child managed to pass the medicals without issue. One thing you may want to consider is whether independent medical assessments may be worthwhile, as well as submitting a written plan of your own for your child's future. Unfortunately saying you are going to prepare them for work or support them I don't think will help without something to substantiate it. If you end up unable to do this, the Canadian system is on the hook for the costs. The more support from professionals you can garner one would think can only but help.

I hope it goes well for you.
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Old Dec 27th 2009, 2:44 am
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Default Re: autistic 14 year old & immigration

Originally Posted by lancashirebird
Where abouts in canada are you??
i have a friend who has gone through the same and used a real good company, there child got through the process
Also there is a couple on here that moved over, there child had aspergers, they struggled, but managed to get PR, you really need to prove that they are not a drain on the system, it can be done
Good Luck
LB
That would be great if we could be in touch with them to see what they did. We are in Cochrane near Calgary. Not sure what evidence I need as they have only asked for reports for school and they have only known my son for a year since September so they don't see the changes in him that i have. If we could swap contacts that would be great, not sure how to do that though. Thanks for the reply it gives a little hope.
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Old Dec 27th 2009, 2:53 am
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Default Re: autistic 14 year old & immigration

Originally Posted by The Aviator
It must be a hard situation to be going through having already moved to Canada. The immigration officials however cannot consider that you have nothing to go back to in the UK. That was a chance you took, especially with a special needs child. Their role is to ascertain what is in the best interests of Canada and Canadians. Having come over on a temporary permit, there was always the possibility of it remaining temporary. As hard as it is for you to demonstrate your child's needs in the future, CIC are not in the business of doing the same, they air on the side of caution.

Sorry, I may sound unsympathetic, I am not, just trying to be realistic. I have a friend who went through something similar, a child with disabilities, but before they moved over. Their child managed to pass the medicals without issue. One thing you may want to consider is whether independent medical assessments may be worthwhile, as well as submitting a written plan of your own for your child's future. Unfortunately saying you are going to prepare them for work or support them I don't think will help without something to substantiate it. If you end up unable to do this, the Canadian system is on the hook for the costs. The more support from professionals you can garner one would think can only but help.

I hope it goes well for you.
Thanks for the reply, i know what you're saying but no where on any forms did it say that if you have a child with a disability that you cannot come to Canada. His condition in the UK isn't classed as medical which is why we didn't think it would be a problem. yes he has special schooling but he has no other needs. When you mention a plan what sort of things do we put in it? We know he will probably live with us until we're pushing daisies and we will always financially look after him, but we don't have and funds that we can say will pay for this that and the other, we will live like we do now from pay check to pay check and he is included in family costs. I know my son and he won't need anything when he leaves school, as in my opinion there is nothing for him anyway that would meet his needs. I work in this field for the biggest organization in Alberta and I would not put him in any of their programs! So i don't know what to suggest other than telling them i don't want their services and sign something to that affect. thanks again
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Old Dec 27th 2009, 4:28 am
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Default Re: autistic 14 year old & immigration

Originally Posted by fatcat65
That would be great if we could be in touch with them to see what they did. We are in Cochrane near Calgary. Not sure what evidence I need as they have only asked for reports for school and they have only known my son for a year since September so they don't see the changes in him that i have. If we could swap contacts that would be great, not sure how to do that though. Thanks for the reply it gives a little hope.
i have emailed my friend for the company that they used.
Have you got his old school reports ??
also have alook at this thread -- http://britishexpats.com/forum/showt...ight=aspergers

I believe that you will need to do a special report with all the facts why you think that your PR should be accepted, although i wouldnt class this as a demand, you need to prove why this is not the case, also if anything happens to you and the OH what would happen to your child?
Are you connected in the community, is there services that you can call on, have you done your home work etc etc
i know the above post they went all out and finally got PR, it is going to be hard, but will be worth it if you get that PR.......
Good luck, i will private message you the company details when she gets back to me, i would advise to use the search tool on the above bar for info on this site............
i did one -- http://britishexpats.com/forum/searc...archid=1382230

Hope it helps
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Old Dec 27th 2009, 6:43 am
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Default Re: autistic 14 year old & immigration

Originally Posted by lancashirebird
i have emailed my friend for the company that they used.
Have you got his old school reports ??
also have alook at this thread -- http://britishexpats.com/forum/showt...ight=aspergers

I believe that you will need to do a special report with all the facts why you think that your PR should be accepted, although i wouldnt class this as a demand, you need to prove why this is not the case, also if anything happens to you and the OH what would happen to your child?
Are you connected in the community, is there services that you can call on, have you done your home work etc etc
i know the above post they went all out and finally got PR, it is going to be hard, but will be worth it if you get that PR.......
Good luck, i will private message you the company details when she gets back to me, i would advise to use the search tool on the above bar for info on this site............
i did one -- http://britishexpats.com/forum/searc...archid=1382230

Hope it helps
thanks lancashirebird....I'm assuming your from Lancs originally.... so were we and I have no desire to go back there!! Thanks for your post i'll look into everything hopefully I will have spoken to our doctor tomorrow who did our medicals and get some advice off her she was really good and warned us this might happen but she also said all her clients had got PR so there's hope although i am having to consider a plan b.... which i have no idea what that will be yet? Its so depressing when you've made a life for yourself in another country and made some great friends and have no desire to go back to the UK. So onwards and upwards and all fingers and toes crossed!
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Old Dec 27th 2009, 6:57 am
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Default Re: autistic 14 year old & immigration

This was a case in 2008
http://blindcanadians.ca/publications/?id=1426
http://www.cbc.ca/canada/nova-scotia...n.html?ref=rss

Don't know what the final outcome was there. Maybe worth digging around and find out if they were successful in the end.
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Old Dec 27th 2009, 7:25 am
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Default Re: autistic 14 year old & immigration

Originally Posted by The Aviator
This was a case in 2008
http://blindcanadians.ca/publications/?id=1426
http://www.cbc.ca/canada/nova-scotia...n.html?ref=rss

Don't know what the final outcome was there. Maybe worth digging around and find out if they were successful in the end.
No they never won there case and there is gray c as well
But if you can advise the disabilty, it may help .....
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Old Dec 27th 2009, 8:26 am
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Default Re: autistic 14 year old & immigration

Originally Posted by lancashirebird
No they never won there case and there is gray c as well
But if you can advise the disabilty, it may help .....
what do you mean advise the disability? If you mean my son he is High Functioning Autistic...his main problems being learning....he needs a specific way of being taught but once learnt he never forgets. His speech has improved so much over the last year and he never fails to surprise us with what he says...sometimes just like a regular 14 year old. I'm hoping age might be on his side as he is in grade 9 now so he will only have a few years at school. What about if i said i would home school him...i have plenty of school teachers as friends who would help devise a program would that help our case as it would not cost them anything then?
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Old Dec 27th 2009, 9:21 am
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Default Re: autistic 14 year old & immigration

I think it's highly unlikely that an offer of home schooling would have any effect on CIC's decision. You mentioned in an earlier post that you work with disabled adults who are more needy than your son. The question that comes to mind is, are these people Canadian born? If so, that's why they receive assistance. If not and they're immigrants, you should consult with their families to discover how they dealt with the situation.
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Old Dec 27th 2009, 10:24 am
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Default Re: autistic 14 year old & immigration

Originally Posted by Auld Yin
I think it's highly unlikely that an offer of home schooling would have any effect on CIC's decision. You mentioned in an earlier post that you work with disabled adults who are more needy than your son. The question that comes to mind is, are these people Canadian born? If so, that's why they receive assistance. If not and they're immigrants, you should consult with their families to discover how they dealt with the situation.
no they're Canadians, but i was comparing their level of needs to be in a Day Program compared to my sons. My sons needs are not as great as my guys therefore would not need a Day Program like ours to help get them employment or job coach them, he should be fine on his own. That was my point.
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Old Dec 27th 2009, 12:06 pm
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Default Re: autistic 14 year old & immigration

I don't know if this is any help to you but when we applied CIC told us that they cannot refuse someone because of their disability. They can refuse if they have a medical condition related to the disability that would cause excess demand.

I am profoundly deaf and was when we had our medicals. Since we have become PRs I have had a cochlear implant courtesy of OHIP. The thinking behind it is that the investment in the implant means that I am able to work and so contribute to the economy. etc etc. The investment in the educational needs of a person with autism could be considered the same if it means that they are able to work.
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Old Dec 27th 2009, 12:10 pm
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Default Re: autistic 14 year old & immigration

Originally Posted by fatcat65
no they're Canadians, but i was comparing their level of needs to be in a Day Program compared to my sons. My sons needs are not as great as my guys therefore would not need a Day Program like ours to help get them employment or job coach them, he should be fine on his own. That was my point.
what auld yin means if they are canadian born then they get the help, like in the uk you get the same level of help.
If you are moving to the country then they need to make sure that you are not a demand on the system, could you imagine every person that gets pr has a special needs child....that is why every case is looked at now..
I know it doesnt help you and believe me i have my problems with PR, but its something that i looked at before i came and also problems that came up now that i have to deal with.....
Try and find out what the costs are, maybe worth employing an agent....
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