Johnmoores

My family and I are looking to emigrate to Canada. My Parents and Sister and Brother In Law all emigrated some time ago and following several years of holidaying (vacationing?) there and falling in love with the country we have taken to bold decision to initiate the process.

We have been offered Temporary Work Visa following an LMO. Like at least one other member on this forum we would then look to have our PR application fast tracked through the system.

My biggest issue is that my 8 year old son has cerebral palsy. This essentially affects the right side of his body and he is wheelchair bound. Cognitively there are no problems at all and his is a bright and very communicative little boy. He currently attends mainstream school in the UK and has a class room assistant there to assist with day to do task such as moving around the classroom. He uses is a laptop in class for his work as he finds writing a slow process and this helps him keep up with the rest of the class.

From medical point of view he has a non degenerative condition and so on a week by week, month by month basis needs very little care in this respect. He has an annual X-Ray to ensure his hips are okay but beyond that we do all the physio work for him (system in UK is similar to Canada – BC at least - where a physio will show parents the exercises and then ongoing care is down to the parents).

The only other area of cost would be equipment (wheelchair, standing frame etc) but we, as a family, would take care of the funding side of this.

Anyway I have one or two questions:

(i) Whilst on a TWP spouses and children are allowed to enter the country and the children attend school – has anyone had a similar situation like mine? Would the local authority be obliged to provide a classroom assistant as in the UK?
(ii) Does anyone have any success stories?
(iii) Is it worth appointing an immigration lawyer so that when submitting application for Permanent Residency you have someone fighting your corner?
(iv) Am I just wasting my time as it is unlikely we will be giving PR status in view of my son’s condition.

What I was hoping to do is get into Canada on the TWP and then spend the first 12 months at least demonstrating that my son is not a huge burden on the Canadian system. Does this seem the most logical route?

Any information/advice would be greatly appreciated.

Thanks,

John

Johnmoores

Have tried one firm of lawyers and they said quite simply that we would be turned down flat.

Anyone know of any Immigration Lawyers good at lost causes?!

John

nikki dreaming

Hi John,

Just wanted to say hi and welcome to the site

Sorry, I am not able to give any info regarding your questions,however I'm sure somebody will be able to advise later on today.

Good luck with everything

Johnmoores

Thanks for that - very much appreciate. Hope that you are right.

John

Tim Steer

Hi John,

To reiiterate what Nikki has said..Welcome to the site and I really feel for your case...I can't help answer your question either although there are some very knowledgeable experts on here who may chip in...Andrew Miller comes immediately to mind...
I'll keep my fingers crossed for you all anyway
Cheers
Tim

Andrew Miller

It won't make any difference in determining medical inadmissibility.

You stated that your son needs an assistant in school - this need alone will exceed by far the ~$5,000 annual average medical expense for statistical Canadian, thus making your son (and entire family) medically inadmissible on the grounds of excessive demand.

I've seen strange things and even miracles happen when it comes to Canadian immigration - but IMHO there is not much (if any at all) chance for miracle here.

If you would be applying as Investor (or eventually as Entrepreneur) in Business class then recent federal court decision would provide a chance to have case considered on the individual basis and have your financial resources assessed and considered when making medical inadmissibility decision. But even then it would not guarantee anything.

Of course you may want to fight - but no immigration practitioner with good ethics will take the case. You may find a lot of lawyers and consultants who will tell you all you want just to get your money - thus be very careful.

If you want to fight then case will end up in Federal Court - and you'll be facing 1 to 2 years battle and expenses going deep into tens of thousands of $$$ with almost guaranteed defeat. But it's your money and your family's future - so, it is your decision to make.

Johnmoores

Andrew,

Thanks for taking the time to repsond.

You have confirmed, I guess, what I already knew really.

It seems a shame that a country cannot see the fact that you would be going there to earn a living and pay taxes like everyone else and so be putting into the system.

I have had similar repsonses from a couple of immigration lawyers and so suspect tha this door is well and truly shut unless I want a (losing) battle.

John

Tim Steer

Hi John,

I just spotted Andrew's post...I really do have very little knowledge on this type of thing but I notice that you have mentioned about the need for a classroom assistant...I know it is a long shot and pease excuse my ignorance on the exact situation of your son...but will he always need the classroom assistant ? I don't know if it is at all possible from any angle but could any member of your family provide that assistance to your son? I know its a long shot but I was just trying to think of options that might help your case...I'm sorry I can't be anymore constructive but really want to wish you the best of luck with whatever you decide.
All the best
Tim

Johnmoores

Tim,

It is possible that someone from my family could be a classroom assistant and we have also looked at the possibility of home schooling which is, apparently, very popular in Canada.

Reading between the lines though it seems that you are assessed under the Skilled Worker class on what a Canadian would expect to have and not necessarily what we can provide if that makes any sense.

I am trying to stay positive here but the more digging I do the more it seems the reality is that we will not be accepted.

The only option as I can see it is to get on a TWP for as long as possible (I have heard they can be issued for 3 years) and then see if this can be renewed at the end of this period.

I have been told that there is no medical requirement for a TWP?

If this is the case and I went over to Canada to work would my son be entitled to a classroom assistant?

John

Tim Steer

Hi John,

I believe that there are some occupations that still require a medical even for TWP..I think nurses is one of them but I am sure that info will be in the Wiki somewhere (linked to from the top section of the forum) as to your question about a classroom assistant I really don't know what would happen there..
I am sorry I can't be of more help..
All the best
Tim

dieseltank

Hi,

Sorry to hear your plight, I'm hopefully able to give a little advise that may help.

We came over on a TWP and are waiting for our PR to be processed.
The TWP prevents you working with children or in anything medical until you have a medical completed. My wife is a nanny so she had to have a medical so she could have the 'working with children' restriction lifted from her visa.
It does take some time for the medical to be processed and put on the system. We kept checking and it took about 6 weeks. Once it was on the system we just 'flag poled' (ie just go to the US for the day) and then on the way back into Canada they gave her the updated visa (for another $150).

Good luck!!!