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Immigrating to Canada If You or a Dependent Has a Medical Issue or Disability

If you plan to immigrate to Canada, it is very important to speak with an experienced immigration lawyer. This is especially true if you or a dependent, such as a minor child, has a medical problem or disability. Although the Supreme Court of Canada lifted a ban that previously prohibited persons with disabilities from immigrating to Canada, immigration officials can still refuse to allow an individual to immigrate to Canada if it determines the person’s disability will create a burden on Canada’s health system.

In 2008, a family from England was stopped at the Halifax airport and had their passports confiscated because their daughter has a rare genetic disorder that results in reduced mental capacity and the inability to speak. The family was deported from Canada 18 days after their arrival. According to the family, they had already sold their home in England and purchased a new residence in Nova Scotia. They also believed they had all the necessary immigration paperwork in place.

A 2011 case had a different result. In that case, a French family won the right to stay in Canada after immigration officials initially determined their daughter, who suffers from cerebral palsy, would be a burden on the health care system. The decision was eventually reversed. Most recently, in 2015, a Filipina woman who came to Canada in 2007 as a domestic worker under the Live-in Caregiver Program was denied permanent residence because her daughter is deaf. According to immigration officials, the cost of her special education is a burden on the health care system.

These cases illustrate why is it is critical to work with an immigration lawyer as you begin your immigration journey. The immigration process can be extremely complex. If you or a loved one has a disability, the process is likely to involve additional complexity.

Butkowsky Immigration Law

With more than two decades of experience focused exclusively on immigration and refugee law, Larry Butkowsky has earned the respect of the Toronto legal community and the gratitude of many satisfied clients. He is committed to protecting his clients’ rights and making sure that they achieve their Canadian immigration dreams. Call (416) 979-2127 to discuss your immigration matters.

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