Guide for SRLs with Disabilities: Understanding Your Rights and Requesting the
Assistance you Need
Please check them out. You never know when they might come in handy.
Canada, in many ways very progressive, has had long-standing issue with respect to immigration policy when it comes to individuals with a family member with a disability. In such situations, immigration is usually denied under a "medical" exclusion; namely, "medical conditions that ... cause[s] excessive demand on health or social services".
As just one of numerous examples, in 2017, an American family moved to Manitoba after purchasing a hunting and fishing business. However, their application for permanent residency was denied due to their 6-year-old daughter's intellectual disability.
At that time, the limit for “excessive demand” was set at $6,655 a year, said to be the average annual health and social service spending per Canadian. If the costs of caring for a person’s condition were higher than this, the applicant and all family members were denied permanent residency.
Where to begin?
Let's start with the $6,655.00 figure - the supposed average annual health and social service spending per Canadian in 2017.
A Global investigation revealed the figures used by Immigration Canada to determine “excessive demand” and the denial of permanent residency does not accurately reflect the cost of providing health and social services in the country. Global’s reporting found the government doesn’t accurately account for up to $40-billion in annual social service spending – or roughly $1,105 a year per Canadian. This means the $6,655 limit used to deny applicants should be at least $7,404 if all social service spending is accounted for accurately.
Sadly, Immigration officials made other errors when assessing this family’s application, such as failing to take into account their contribution to the local economy and unfounded claims about excessive costs on the local school. The family had come to Canada through the Provincial Nominee Program, meaning the Province had already recognized the beneficial investment they were bringing due to their business acumen, business plan and business experience.
Even the local School Division Superintendent recognized that, due to the fact that (as in most, if not all Provinces) special education is funded on a “block” basis, the Division's overall budget wouldn't change as a result of admitting Karalynn.
"QUITE SIMPLY, THIS CHILD IS IN OUR SCHOOL DIVISION AND SO THEREFORE WE EDUCATE THIS STUDENT REGARDLESS OF ANY NEEDS ETC. IT'S OUR JOB," HE SAID. "WHETHER THIS STUDENT IS HERE OR SOMEPLACE ELSE THAT WON'T CHANGE OUR FUNDING."
The legal definition of ‘excessive demand’ is very broad in that both physical and mental conditions and disabilities make a person potentially inadmissible even if the treatment cost is only slightly higher than that for the average Canadian.
To add insult to injury, as noted above, this exclusion can be applied to family members who don't have a medical condition. Thus, if a principal applicant applying for economic-class immigration has an accompanying dependent found medically inadmissible, that principal applicant is also inadmissible.
Looking for an example a little closer to home? Even worse??
