US & Canada Immigration News

Toll-Free: 1-866-929-0991

Outside of North America: +1-416-410-7484

Fill out our immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and immigration options.

Canadian immigration application refused on medical grounds: autistic teenager

Couple denied permanent residence despite son not immigrating to Canada.

Robert and Pauline Crowe of England have been deemed inadmissible to Canada because Robert has an autistic son – a son who he does not have primary custody of and who would never move to Canada anyway.

Lewis Crowe, 17, lives with his mother in England and has a huge network of support there. So much so, that according to his father and stepmother it would be crazy for him to move to Canada and leave his friends and the possibility of attending a British college for people with learning disabilities.

Lewis’s father has a sister living near Ottawa, who he visits from time to time on a tourist visa and recently applied for permanent resident cards for only himself and his wife – not Lewis.

Lewis’s autism now renders his father and stepmother inadmissible to Canada, and he also cannot visit Canada without permission from Citizenship and Immigration Canada.

Why was their son even considered on their permanent residence application?

Lewis is considered a dependent of the couple because he is under the age of 22. Because of this, Lewis was considered on their application despite him not needing one, and he (and his parents) were subsequently denied permanent residence because his autism could put an excessive strain on Canada’s health and social services.

So even being associated with someone with a disability can lead to denial of permanent residence, which the Council of Canadians with Disabilities is see as  “strange”.

Immigration Case Refused for Medical Reasons? You may be able to appeal.

The fact is that whether accompanying or not, your dependents, if they are medically inadmissible to Canada, will render you the same. However, the is room to appeal medical refusal cases. There is lots of jurisprudence in that area. If your case was refused for medical grounds, then I suggest you consider your appeal options.

[gravityform id=1 name=Havea Question? ]

It's only fair to share...Share on FacebookShare on Google+Tweet about this on TwitterShare on LinkedIn

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

33 thoughts on “Canadian immigration application refused on medical grounds: autistic teenager

  1. Prachi

    I am a graduated student and i am planning to go canada for higher studies. I met with an accident 2 years ago and now i am having permenant disability. Am i able to go to canada on students visa or it will be rejected?

    Reply
    1. Immigration Lawyers

      Hi Prachi,

      Thank you for contacting us at VisaPlace! Regardless of the disability, you may still be able to obtain a visa in order to study in Canada. We would love to help you during this process! Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  2. ankush

    I have got expression of interest in the month of May this year. However I was diagnosed with pulmonary embolism in February 2016. I am completely fit now and leading a normal and active life. Will this situation impact my application adversely. What are my chances that my application will be denied.

    Reply
    1. Immigration Lawyers

      Hi Ankush,

      Thank you for contacting us at VisaPlace! Your health may affect your application when applying for Canadian Immigration. I highly suggest that you do NOT apply by yourself but instead, with the help of an immigration lawyer. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  3. Faisal Siddiqui

    Me and my wife were granted the permanet visas for the entry it were stamped in our pasport in December. We had a baby in November who was in icu for a month and there was no id til the time our pasports came back with stamped visa.
    When we got his id we informed cic and they told us the process to add him to our application we did the same.
    As his medical was eequired we did his exam and they asked for a medical report which was submitted.
    He was put on hold on the basis on ist medical report and the next one was asked after 4 month again and then again on 4 month report the wanted another at the age of an year.
    During whole process the didnt notified me of anything as i was planing to travel to canada in last month i emailed them myself that i b going can i get a visit visa for my son
    At that time they replied that the visas for me and my wife which are with me stamped in our pasports have been cancelled and we have to wait for the final decision on our son.

    So now i dont know what to do they cancelled our visas without informing us and it was me who emailed them otherwise i would have gone there and would have been deported.

    Thats such a ridiculous thing
    What are the chances that they will accept his application now
    And if they refused it can i appeal

    Reply
    1. Muga Rajbhandari

      Hello Faisal. I can see why you are so frustrated with the situation. The potential for medical inadmissibility is a big concern for Immigration Canada. We have a lot of experience with medical inadmissibility cases. Once you have a ruling from the Immigration office, call us and let us know. We may be able to help.
      Regards, Muga

      Reply
    2. Catherine

      Hi I have a question and need your help –

      I became a PR in 2010 under the FSW program and moved here with my then 2 year old son with permission form his father with whom I had broken up – He was listed on the FSW app as non-accompanying as well as my other family members as required and at no time did I ever receive anything stating that they need to undergo a medical.

      6 years later – my sons father and I have reunited and we got married and I am now filing for him under the in-land spousal sponsorship and keep seeing where if a non-accompanying does not undergo a medical they will be refused and I am concerned as while he was listed back in 2010 – a medical was never requested – should I be concerned ?????

      Reply
      1. Muga Rajbhandari

        Hello Catherine. Thank you for writing to us. The rules and regulations for an Inland spousal sponsorship can seem very complex to someone who is doing their own application. We have been helping people with their sponsorships for over 19 years. I am going to suggest that you contact us to make an appointment to talk with one of our Canadian immigration professionals who will be able to give you the best advice on how to proceed with your application. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
        Regards, Muga

        Reply
  4. Mohit

    Hi
    Me and my wife have PR for Canada, but hvnt moved thr yet. My brother is austic, if I move there permanently, would it be possible for me to call my brother 22 yrs just as visitor.

    Reply
    1. Muga Rajbhandari

      Hello Mohit. There are only very specific cases that you can sponsor a sibling. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  5. Airesh

    Hi. I’m a single mom and under a student visa here in canada. In the future i would like to apply for pr but i am worried because my kid was diagnosed with functional autism with hyperlexia(reading at an early age without proper comprehension). Now she is 7 yrs old. I am wondering about the chances of getting approved for pr or is it less likely? Thank you.

    Reply
    1. Vahe Mirzoyan

      Hello Airesh. Thank you for writing to us. Medical conditions are always a factor when determining PR eligibility. The immigration concern will be the amount of health care and special education will be needed, and if you can afford to pay for it.
      Regards, Vahe

      Reply
  6. PD

    Hi
    Recently I got my permanent residence in Canada,
    Now I wanna get marry my girlfriend in back home but she got Hypatitis B chronic.
    So, I just want to know, does CIC will accept her medical condition or not?
    Plz advice me, it will be highly appreciated for your response.

    Reply
    1. Vahe Mirzoyan

      Hello. Your case is very complicated. In order to get an approval, there is a lot of work that will be involved in providing the the correct arguments to CIC for having your girlfriend join you. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you and your girlfriend. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  7. Kalyan G

    Hi There,

    We are planning to apply for EE (Canadian PR).We have 2.9 years old daughter who is suspected to be Mild Autistic or PDD-NOS. I am not sure, if we will be put down on the basis of her being Autistic. Is she too early to be diagnosed by CIC doctors.

    Please share your thoughts in this case.

    Thanks,
    Kaussa

    Reply
    1. Mira Freiwat

      Hello Kalyan,

      Thank you for your inquiry. You need not worry as we have handled many cases where our clients faced a similar issue to yours and were able to successfully get them their PR. I would need more information from you to be able to proceed and advise you accordingly. Please complete this form http://www.visaplace.com/immigration-assessment/ as it will provide me with the details I need, and I will contact you once it is received. MF

      Reply
  8. catherine

    Hi

    I have applied for FSW in 2010 tagging along all my children as accompanying family members, , we were able to clear our medical in 2012 but due to backlogs our medical got expired. In 2014 we were requested to undergo re-medical, unfortunately my eldest son tested HIV positive.

    We just received our fairness letter stating my son’s inadmissibility. I consider hiring a lawyer and consider my son as non- accompanying since he is already financially dependent from us as he already finished his nursing school and is set to work in a prestigious hospital here in our country.

    Another thing, although he is was considered dependent at the time of initial application, he is now of legal age (25 years old) and has decided to pursue his career here in our country.

    Id like to know how is this argument would fare the chances of getting the visa for the rest of the family.

    Reply
    1. Mira Freiwat

      Hello Catherine,

      Thank you for your inquiry. In a situation like this, I would advise that he be listed separate from you and the remaining dependents on your application not because of his medical inadmissibility, but because of his age if he is still looking to apply to come to Canada. His medical history should have no bearing on the applications of your family. MF

      Reply
  9. Sam

    Hi,

    Our son is Canadian (born in Canada) but we are not. He is autistic. Will it be possible for us to apply for PR as a family and get him the medical attention he needs? Will it help if we talk to the ambassador to make the process faster?

    Thanks

    Reply
    1. owen

      Hello Sam,

      If your son is under 18 years of age then he cannot sponsor you, however you may still have other options available. In order for us to further assist you, please fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly.http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  10. angelie

    Hi. I have a 2y.o. daughter who is a congenital baby. She was recently diagnosed withhearing loss both ears. She’s currently wearing her hearing aids. My question is, will it pose a risk into our permanent residency application? Your advice will be a great help. Thank you.

    Reply
    1. owen

      Hello Angelie,

      Thanks for the question. It is difficult to predict whether or not this will impact your PR application, as the officers will need to make a determination as to the potential burden that your child will have on the Canadian healthcare system. We have many years of experience helping families such as yours, so please don’t hesitate to contact us for further assistance.

      Regards,
      Owen

      Reply
  11. Jay

    Hi, I am originally from India. Applied for Canadian PR a number of years back and Got inadmissible letter due to health reasons. I am a US Citizen now and would like to visit Canada. Could you please advise on the process of removing in admissibility to Canada as I no longer require Canadian PR.

    Reply
    1. owen

      Hello Jay,

      Thanks for the question. We would definitely be able to help you come to Canada despite your inadmissibility, as we have done for many clients over the years. Please fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly. http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  12. Danish

    Hi,
    I want to apply for canadian immigration . My 8 years old daughter is a case of delayed learning. She is not autistic but she is years behind her age in learning . She would need to go special children school but we will support her.

    Do we have a chance of immigration acceptance. Or if not is there anything elase we can do to ensure that we do not get denied on this medical reason.

    thanks in advance

    Reply
    1. owen

      Hello Danish,

      Thanks for the question. Are you a Canadian citizen or Permanent Resident? If so, then you should be able to sponsor your child to come to Canada even though they have some sort of learning disability. Please let us know if you have any other questions, and feel free to fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  13. Immigrant skilled worker class

    Hi I am a father of an autistic girl 5y old, which is in the custody of her mother, she doesn’t live with me, and she got a good network support in our local country, she is a non-accompanying family member since she’s under 22, but she will not be moving with me, she will remain with her mother. I intend to immigrate myself under Quebec PR Skilled worker class, and CIC asked for medical exams, and additional exams only for her after the first ones were sent, I am afraid that my daughter’s symptoms might cause the denial of my case, does someone know the chance, probability of that? What should I do in the case of a denial? Are there any options? Thanks in advance.

    Reply
    1. Michael Niren Post author

      Hello

      Your daughter’s condition could result in a finding of medical inadmissibility. I would prepare medical reports her from her doctor showing evidence of her condition and support etc. Although she will not be accompanying you to Canada, your condition could still be factor. The best approach is to be pro-active. In the event of a denial you can apply for Leave and Judicial Review of the decision to the Federal Court. There is a deadline to file such an application.

      Best
      Michael Niren

      Reply
  14. wasim

    Thanks for the reply,please tell me about the success rate of my case .should i be hopeful to convince the vise officer if i retain a lawyer. what would be fee if i retain lawyer from your firm after maximum concession?
    Regards,
    wasim akhtar
    ajk pakistan

    Reply
    1. Michael Niren

      Hello Wasim

      Thank you for your reply. Retaining a law firm to help you should indeed improve your chances of success but it depends on the law firm and your case. You can always contact us at [email protected] for help and we can do a formal assessment of your case and give you a quote. But whomever you contact, they should have a lot of experience in immigration law.

      Best
      Michael

      Reply
  15. wasim

    Dear sir,
    I have an autistic kids and applied for immigration for Canada, Recently ,i got the letter from CIC ,not admitted my application on the base that i have an autistic kid and giving me the right of appeal that have to submit within 60 days.I was mentioned to place a individual plan with financial means that i will not demand excessive social services for my kid after enter in Canada.An affidavit is also attached with the decision.Please guide me what should i do now.How can i convince the visa officer to enter the Canada.I am very much worried about the decision. Please reply me the possible early.
    Regards,
    wasim

    Reply
    1. Michael Niren

      Hello Wasim

      Thanks for your question. You should consider appealing it but retaining a lawyer to help you.

      Regards
      Michael Niren

      Reply
  16. American Medical Exams

    This is a tough case. The refusal on grounds of autism seems beyond ridiculous. The man does not have full custody and once relocated most likely will not.

    Reply

Leave a Comment:

Your email address will not be published.

 

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

Associations