immigration question for Canadian DUers

[shrike]

Hubby and I often kick around the idea of immigrating, since we love Canada. Trouble is, Hubby is older than I am (62) and while he looks healthy and far younger than his years, he has a congenital heart problem for which he has to take medication. He has had two heart attacks so far, but is currently doing well, knock on wood. I am 45 and in very good health, knock wood a second time.

My question is: would his health and age preclude our gaining permanent residency? Any immigration attorneys on the board? Where would I go for this kind of answer? Obviously I don't want to start any serious consideration of moving if there's little chance of our application being accepted. I won't consider going without him, of course.

[iverglas]

1. no attorneys here

Canadian lawyers may be called solicitors (or barristers), but not attorneys. That's yankee lingo, and archaic Quebec English only, up here. Here endeth lesson #1. ;)

I'm an ex immigration lawyer. And here's the advice we all give people to start with.

http://www.cic.gc.ca/english/immigrate/index.html

Click on "skilled worker class", read, do the self-assessment questionnaire.

You would be the principal applicant; if you qualified, a medical condition that made your dependant inadmissible would result in rejection of your application. If you didn't qualify, nothing else would matter.

It's impossible to say, off the cuff, what effect his condition would have on an application. A full medical examination and report is required, and in his case a supplementary specialist examination and report would undoubtedly be required. His prognosis would determine the result. The issue is whether he "might reasonably be expected to cause excessive demand on health or social services": http://www.canlii.org/ca/sta/i-2.5/sec38.html
And because decisions are to some extent discretionary, your and your husband's "suitability" might not meet the standard applied, even if you technically qualified and he were not medically inadmissible.

The thing is that you don't want to start any serious consideration of moving unless you are reasonably sure that you qualify. Canadian immigration criteria are not unlike USAmerican criteria: labour force/market factors are paramount.

Depending on where you are and where you are wanting to go in Canada, I could probably recommend lawyers (offhand, I can recommend people in Nova Scotia, Quebec, Ontario and BC). Stay away from "immigration consultants" in the US, and from US lawyers unless they are members of a Canadian provincial bar. Stay away from immigration consultants in Canada too.

If you submit a fairly complete package of information to a lawyer -- a draft application, supporting documents like educational certificates, maybe in your case a medical report concerning your husband -- you should be able to get a consultation and opinion as to whether or not to proceed for not too much money. A reputable lawyer here will never waste your money / his/her time being retained to represent you in a pointless application.

[shrike]

2. Thanks for your response to my "solicitation"

Yes, I was afraid his medical condition might make a difference. It is potentially serious though his general health is good so far.

I will speak with him and see about getting some legal advice. I DEFINITELY do not want to waste my time and money on an application if his condition precludes us from consideration. (Or if I myself was unable to qualify.)

Well, at the very least we can still enjoy your delightful country as visitors.

[iverglas]

3. you're welcome!

If you do decide to pursue it, PM me and give me a bit of info and I'll be glad to refer you to somebody.



We should get one of these "how do I immigrate to Canada??" threads pinned at the top of the Canada forum, methinks ... ;)

[Maple]

4. Yes please!

It's a regular question on here...and not all of us have the expertise to answer beyond the standard url.

Maybe someone should approach Skinner with a short explanation for the top of the Canada site, in order to help people.

[silverweb]

5. I have a question, iverglas.

If you don't mind. :hi:

My daughter and I have also been kicking around the idea of BC as an option when she's ready to transfer to a four-year university. There are multiple reasons, which I won't go into here, but suffice it to say that the idea is growing and we'll be ready to make a decision within the year.

I took the skilled worker test and just passed, probably because of my age (late 50s) and the fact that we have no family in Canada. However, I'm in overall excellent health and the job skills thing really doesn't apply because I already have a job that goes where I go. I can work anywhere that I have access to a high-speed internet connection. I did look at some local job listings just for fun and there are open positions for my kind of work, so I have needed skills, anyway. In effect, though, I'd be bringing my own job with me and would only need to worry about housing.

Anyway, what would you think of my chances and do you have any recommendations? Thanks for taking the time to read and answer this. :)

[iverglas]

6. I'm outa the loop

I have to keep begging off on these questions, because I've been out of the biz for over a decade. (I can refer you to a real lawyer in BC, though.)

If it didn't work out for you, your daughter might have a decent chance if she went to school here as an international student and applied after that.

In this post
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=2776050#2776957
I listed some sites to look at for finding info about schools and tuition fees in Canada. The AUCC site (Association of Canadian Universitise and Colleges) has links to all degree-granting (i.e. not community college-type) institutions in Canada: http://www.aucc.ca

Your daughter could try doing the selection criteria self-assessment by answering it as if she had got her degree in Canada, and see how she does. If that process worked for her, i.e. if she went to school here and were then able to get permanent residence (landed immigrant status), she would be able to sponsor her parent(s) once she was self-supporting and earning the necessary income.

I just don't know how the "personal suitability" thing is assessed these days for people with borderline points. There used to be a "self-employed" category, but not any more. What I'd do, if you're seriously considering this, is contact a Cdn lawyer in the area where you're wanting to move, and get an assessment of your chances.


For general info -- this is a pretty reliable list of immigration lawyers in major cities in Canada:
http://www.lexpert.ca/directory/ratings.php?area=G1

I know most of the names on there, and can recommend particular ones by PM (and a few in other places) -- in some cases, they might not be available but someone else in their firm might be, or they would give reliable referrals -- if someone definitely wants to proceed.

[silverweb]

7. Thanks so much!

I didn't mean to put you through so much trouble, especially since we're not yet sure if we definitely want to proceed -- but the information you have given is most helpful. I've bookmarked the links and will most certainly ask you about a referral if and when the need arises in the future.

You may be "outa the loop," but you're still a goldmine of good information, solicitor! :D

Thanks again!