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Daughter's immigration status as dependent

Daughter's immigration status as dependent

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Old Sep 20th 2014, 4:56 am
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Default Daughter's immigration status as dependent

Hi,

I am really sorry to have to ask this. I know people may read this wrongly and am a bit scared of being shot down, but I have yet to find an answer to sticky question. I am appreciative of the help so far, but things are changing here and so may our options as a result.

My daughter is 22 and has had ongoing health issues for a few years. She has remained dependent, suffering with anxiety and depression, not helped by constant fatigue and massive difficulties controlling her weight even though she hardly eats. The depression is under firm control, and she is much better in that regard, but physical symptoms have become more of an issue. Also she cannot get work as her record is of course not great apart from her freelance artwork which she offers to the odd private client or computer games studio, usually overseas in North America!

For years she has had chilblains even in the warm climate of Australia. Most recently she has been having problems with her hearing and joint pains, and feeling so faint that she has fallen twice in the early hours of the morning. Above all, as it turns out, her biggest problem was that she has been terrified of needles until January when during a visit back to the UK her sister there got her to finally get her ears pierced! This had also taken several sessions of hypnotherapy which has finally paid off.

Then early this month she had a blood test as she could not decipher what people were saying, and the fear of losing her hearing was all getting too much. The results came back and it looks like being Hashimoto's hypothyroidism - a common condition in women especially, that requires simply one tablet a day. Gets confirmed at the end of this month. Most importantly it causes every even small symptom she has suffered, even down to her scarred toes from the chilblains, and is characterised by depression and anxiety too. So much suffering for years because she would not have a blood test, amazing. She is pretty overjoyed to see the back of it all not least her weight! By the time we are ready to go she would be fully recovered and fit for work at last.

So we have an odd situation. An adult that has remained dependent due to an unidentified health condition that prevented her from having the energy or health to work, that is now identified and very easy to treat with a pill once a day and no long-term health effects to be a drain on the system. How do people think immigration would react and how are we best to move this forward? Or rather would the dependent option work, or would she still be refused as she has a health problem albeit an easily treated one?

Or is she on her own once she is fully recovered even though she was previously not well enough to work and therefore has no work record?

Any thoughts, or recommendations of who or what to identify in a migration agent for this type of case is appreciated.

Thank you again for helping, sorry to have to keep changing the question, it is just that the situation moves with us.

Seabird.
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Old Sep 20th 2014, 7:23 am
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Default Re: Daughter's immigration status as dependent

I think you need an immigration lawyer tbh. From what you've said, I don't believe CIC would have considered your daughter to be a dependent child even previously. And now, as she can work and none of the conditions you've mentioned would mean she couldn't live on her own (think severe disability rather than chilblains or depression) I think it's even less likely.

But a professional will be able to tell you, best of luck.
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Old Sep 20th 2014, 7:34 am
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Default Re: Daughter's immigration status as dependent

Originally Posted by christmasoompa
I think you need an immigration lawyer tbh. From what you've said, I don't believe CIC would have considered your daughter to be a dependent child even previously. And now, as she can work and none of the conditions you've mentioned would mean she couldn't live on her own (think severe disability rather than chilblains or depression) I think it's even less likely.

But a professional will be able to tell you, best of luck.
Thanks for that, will try to track one down! Appreciated. Have contacted a couple but no reply, will try again.
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Old Sep 21st 2014, 3:44 am
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Default Re: Daughter's immigration status as dependent

Originally Posted by Seabird
Thanks for that, will try to track one down! Appreciated. Have contacted a couple but no reply, will try again.
Felt in hindsight this needed some explanation as the response suggests I'm discussing chilblains and depression, which was precisely my concern when posting.

These are just two symptoms of a serious untreated autoimmune disease that has been crippling somebody's ability to function for several years. Had we left it permanently it could have led to heart failure. Sleeping 14 to 16 hours a day and getting pains in your hips that stop you standing after being on your feet for an hour does not make a person fit to work. I will have medical backing and support from my GP and specialists confirming this.

In a general context, depression is highly debilitating and a very valid reason for needing parental support. Unless this one condition is controlled it is as disabling as a visibly recognisable disability of a person who is wheelchair bound. I mention this so that future readers of this thread are free to understand that and not to pick at your very helpful response which I have followed up on. I do not expect people including migration to know this either.

[url=http://www.womenshealth.gov/illnesses-disabilities/types-illnesses-disabilities/thyroid-diseases.html] where the word disabling clearly appears around untreated Hashimoto's disease. This is what we have been dealing with and has been untreated to now, not chilblains or I would not have posted this. The depression was caused by the disease as you can see.

I see where you're coming from. Convincing immigration of this background is what will count. But I thought someone may have experienced a similar situation where a dependent had recently recovered from an earlier condition that stopped them working.

If one had a child as sick as you describe the migration clause around dependents is targeted at, they would not have any work experience as they'd be a full time career, so not sure how that stacks up.

Will let you know how it goes, thanks again Christmasoompa.

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Old Sep 21st 2014, 6:57 am
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Default Re: Daughter's immigration status as dependent

I did get that, but I still don't think CIC would have classed her as a dependent child as she has been able to work and could have lived independently if she had to. They certainly won't now if she's had a diagnosis and us recovering, IMO.

As for being a full-time carer, that would normally be only one parent, so the other would usually be the TWP holder.

One other thing I should point out us that if your daughter wanted to apply for PR at any point, don't forget she'd have to pass a medical and any ongoing treatment and medication may be a problem. Do mention that to the immi lawyer too, as if she's deemed to be an unfair burden on the Canadian healthcare system she'd be refused PR.

It's sort of a catch 22, as if she's given dependent status then she's less likely to pass the medical!

What I've wanted to do this weekend is dig out the relevant section about children being dependent because of a medical condition from the OP Manual, but I'm away so only on my phone and can't easily search for it. It would be well worth you having a look though.

Good luck.
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Old Sep 21st 2014, 10:10 am
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Default Re: Daughter's immigration status as dependent

Thanks again,

The good news for her in relation to PR is that the condition is so easily treated.
Just requires a thyroxine pill a day, albeit forever.

Again thanks for all your help.
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