Hi and I\'m new here. I have a question regarding a medical denial for Landing on the basis of my son\'s delays. Here\'s the situation:
I married my husband who is Canadian 2 1/2 years ago (I\'m from the U.S.). We came to live in Canada in December 1999 and proceeded with the Landing paperwork on the aspect of a spouse applying from within Canada. We brought my young son (now 11 years old) with us. I have been home-schooling him because the immigration department never approved our request for a student visa. My son has delays that are from early abuse by his biological parents. These delays have remained consistent since he started school (he\'s approximately 2-3 school years behind where his current biological age should put him...i.e. he\'s the age of a 6th grader but he reads at a 4th grade level). He has shown consistent progress and has gone up one full grade level each school year. He has some social/behavioral problems so he needs to be in a Learning Disabled class. He is very rarely ill and requires nothing more than a smaller class that teaches at his grade level to thrive.
My husband and I were told today in our interview that the governement would not approve my son and I for Landing but would approve my son\'s school visa and my work visa. They would also (after a 60 day period for us to respond appealing their decision and offering other documentation) approve a Minister\'s Permit. We were also told that I would have been approved immidiately if my son was not a party to the application.
The Canadian Government stated that they denied us Landing solely because he is moderately retarded (which means he is behind other children of a like age) in his schooling and he will be a strain on the Health and Human Services Deparment (that\'s not what it\'s called but that\'s what we called it in the states...sorry for the wrong term).
I would like to know:
A) If their decision is indeed legal?
B) Can we fight this decision on the basis that he progressed steadily since he started school so there is no reason to believe that he will not continue to do so and become a self-supporting member of society?
C)Would the new immigration law that is to be implemented affect us either negatively or positively because we are not yet Landed?
Thanks to anyone that may be able to offer insight on this situation.
Lis
I married my husband who is Canadian 2 1/2 years ago (I\'m from the U.S.). We came to live in Canada in December 1999 and proceeded with the Landing paperwork on the aspect of a spouse applying from within Canada. We brought my young son (now 11 years old) with us. I have been home-schooling him because the immigration department never approved our request for a student visa. My son has delays that are from early abuse by his biological parents. These delays have remained consistent since he started school (he\'s approximately 2-3 school years behind where his current biological age should put him...i.e. he\'s the age of a 6th grader but he reads at a 4th grade level). He has shown consistent progress and has gone up one full grade level each school year. He has some social/behavioral problems so he needs to be in a Learning Disabled class. He is very rarely ill and requires nothing more than a smaller class that teaches at his grade level to thrive.
My husband and I were told today in our interview that the governement would not approve my son and I for Landing but would approve my son\'s school visa and my work visa. They would also (after a 60 day period for us to respond appealing their decision and offering other documentation) approve a Minister\'s Permit. We were also told that I would have been approved immidiately if my son was not a party to the application.
The Canadian Government stated that they denied us Landing solely because he is moderately retarded (which means he is behind other children of a like age) in his schooling and he will be a strain on the Health and Human Services Deparment (that\'s not what it\'s called but that\'s what we called it in the states...sorry for the wrong term).
I would like to know:
A) If their decision is indeed legal?
B) Can we fight this decision on the basis that he progressed steadily since he started school so there is no reason to believe that he will not continue to do so and become a self-supporting member of society?
C)Would the new immigration law that is to be implemented affect us either negatively or positively because we are not yet Landed?
Thanks to anyone that may be able to offer insight on this situation.
Lis