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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I am going to marry an American who has a disability. How

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I am going to marry an American who has a disability. How do i get him into canada? He has his own income, so will not be going on disability or welfare, but would need OHIP and a drug plan. He is 52.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Once you are married you can sponsor your spouse.

The way this works is that the sponsorship application and the permanent resident application go in together. Once you are approved as a sponsor his application will be processed.

He will need to undergo medical, background and criminal checks.

Here is the link to the webpage that has all the information and forms:

As I mentioned a medical examination is required for all applicants for permanent resident status.

Generally, the goal of immigration Canada is to protect the public health so someone with a communicable disease would not be admitted to Canada until it was proven that they were not a danger to Canadians. This would extend to both a concern about contagion and also about unpredictable or unusual behaviour that may create a danger to public safety

As well they may deny an application where the condition raises a concern that the person might cause excessive demand on existing social or health services provided by the government. Fortunately,this later requirement does not apply to spousal or dependent children sponsorship.

He will be eligible for OHIP three months after he moves to Ontario as a permanent resident.

He will be able to purchase a drug plan just like any other resident of Ontario can.

Let me know if you need any further clarification.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 3 years ago.

How long does it take to get sponsored?

It's now taking between 1.5 years and 2 years from the US.
Customer: replied 3 years ago.

could he get an extended visa?

If he is permitted to enter Canada as a visitor and then you apply for the sponsorship he will be permitted to remain in Canada even though he would be without legal status.

If he left he would be allowed in.

And he would not be able to work or get OHIP.
Customer: replied 3 years ago.

But he would be eligible in 1-2 years? This is really terrible. He is quadriplegic. No threat to anyone. Irish American. I don't get it. Sorry, but this leaves us with little hope.

It's nothing to do with a threat.

There is a lot of sponsorship applications so it takes some time.

If he is in Canada then he is fine to remain because spousal sponsorships are an exception. Usually visitors have to leave while their application are being processed.
Customer: replied 3 years ago.

Thank you for you help.

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