A tenured York University professor from Costa Rica is garnering
media attention after his pending immigration application risks
being refused when immigration authorities concluded the
family's son who has Down's Syndrome, poses too much of a
burden on taxpayers. The professor, Felipe Montoya, applied for
permanent residency with his family including his wife and two
teenage children after having lived in Canada for three years. He
called the ruling against his 13-year-old son medieval and
barbaric. Montoya has until early May to answer a "procedural
fairness letter" issued by the government which must establish
to the satisfaction of the assessing officer that either the family
member is not inadmissible to Canada, or that they have an
individualized plan to demonstrate that no excessive demand will be
imposed on Canadian social services due to the medical
The Immigration and Refugee Protection Act states "a
foreign national is inadmissible on health grounds if their health
condition might reasonably be expected to cause excessive demand on
health or social services."
Canada's long standing medical inadmissibility rules prevent
sick and disabled people with serious illnesses, from settling here
and are strictly enforced. The rules require Immigration officials
to first evaluate whether the medical finding of a designated
medical doctor that the health care requirements of an applicant
with a serious illness, is reasonable. Second, an assessment is
made on the cost of treatment of the affected person that it will
likely cost Canada's health-care system and other social
services. If the anticipated cost exceeds the average Canadian per
capita health and social services costs each year, (about $6,500
each), the applicant is then given a chance to provide a
"credible plan" and explain how that individual will
offset the costs to Canada's health-care system, if admitted to
Canada. In addition to the anticipated health and social costs,
consideration must also be given to the future prognosis of the
medical condition and its impact on waiting lists.
It helps if the applicant has a high net worth and a large
extended family already living in Canada that will likely help out.
Once a decision is rendered, a negative decision can be challenged
in Federal Court a process which can take about 2 years to
conclude. Unfortunately, those suffering from certain high cost
illnesses, such as advanced diabetes or Down's syndrome, face
low chances of approval. Applicants with family members having
serious medical conditions need to be aware of the long and often
insurmountable obstacles they face before immigrating to
The rules in this area have been developed by Ottawa as a result
of many years of court challenges culminating in decisions rendered
by the Supreme Court of Canada which have tempered previous
Interested employers: Kindly contact us
here to receive further information. Interested candidates: Find out whether you
qualify to Canada by completing our
free on-line evaluation. We will provide you with our
evaluation within 1-2 business days.
The content of this article reflects the personal insight of
Attorney Colin Singer and needs no disclaimer
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The recent amendments to the Naturalisation of Investors in Cyprus by Exception Scheme, based on subsection (2) in Section 111A of the Civil Registry Laws of 2002-2015 was approved by the Cyprus Council of Ministers on the 13 September 2016.
We would like to take this opportunity to inform you of important amendments introduced to the Cypriot Citizenship by Investment program on 16 September 2016 (as published in the official Government Gazette).
Investment based residence programs in Canada through the QIIP and EB-5 in the United States are among the world's most popular. Read how the two programs differ substantially in qualifications and out-of-pocket cost.
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