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Medical inadmissibility question

ryannull

Member
Feb 12, 2016
18
1
I am in the process of getting my son to do the cic medical exam. He is a non accompanying dependent. He is 12 years old. He has congenital hypothyroidism. He sees a specialist once to twice a year. He has his blood taken once or twice a year to monitor his ts4 levels. He does take medication to balance them. He was born with it.

My question is, will his congenital hypothyroidism make him medically inadmissible?
 

scylla

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Jun 8, 2010
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No - it won't. Spouses / dependent children cannot be refused for that reason. He could be accompanying and everything would still be fine.
 

ryannull

Member
Feb 12, 2016
18
1
scylla said:
No - it won't. Spouses / dependent children cannot be refused for that reason. He could be accompanying and everything would still be fine.
I forgot to mention I was going for PR. Not sure if that matters.

I haven't seen him in a few years. If he has autism, would that make him inadmissible?
 

scylla

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Jun 8, 2010
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ryannull said:
I forgot to mention I was going for PR. Not sure if that matters.

I haven't seen him in a few years. If he has autism, would that make him inadmissible?
Again, no. Spouses / dependent children are exempt from the medical burden clause.
 
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ryannull

Member
Feb 12, 2016
18
1
scylla said:
Again, no. Spouses / dependent children are exempt from the medical burden clause.
Thanks for the information.

I also would like to add that I am the one being sponsored by my Canadian wife. I am a US citizen. The non-accompany dependent is my son. I am not sure if that changes anything. I should have stated that from the very beginning. Sorry for so many questions. Just trying to get clarification.

Do you have a link to where the CIC states that?
 

Mokomoko

Full Member
Feb 3, 2016
27
1
Who said that spouses and dependents can not be medical inadmissible? unfortunately they can be. I saw some who were denied, and some who were delayed. however as from what I have been seeing here, if your medical results are not good they might wait until you get better. Example people on TB treatment. Also they check if the person would not be a burden to Canadian Tax payers once allowed to come.
In many cases if it's health issue which they think are acceptable according to CIC policies they allow some1 and leave him/her on surveillance .for a certain period until Doctors confirm that people is safe personally and for Canadian safety.
Read the following story you will know that people might be denied on health ground:

http://www.vancouversun.com/news/Filipina+caregiver+told+deaf+daughter+join+Vancouver/11066437/story.html

However none here here can tell you in specific situation a person will be denied, put on hold or allowed with condition . only Immigration .It's too hard to know. But be assured that it's to rare to refuse someone completely.
 

SeulDansMonBocal

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You can be refused PR on medical ground if you are either considered dangerous for society or will cause excessive demande on the health care system. However family class applicants are exempted for the excessive demande part. So your son can only get denied if his condition is contagious.

Link: http://www.cic.gc.ca/english/information/inadmissibility/who.asp

Footnote bullet 3
 

canuck_in_uk

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May 4, 2012
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Mokomoko said:
Who said that spouses and dependents can not be medical inadmissible?

However none here here can tell you in specific situation a person will be denied, put on hold or allowed with condition . only Immigration .It's too hard to know. But be assured that it's to rare to refuse someone completely.
You need to do more research before you post. Spouses and children who are being sponsored are exempt from the Excessive Demand Clause.

The case you quoted is an economic immigrant and therefore subject to different rules.
 
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Mokomoko

Full Member
Feb 3, 2016
27
1
Medical requirements

Members of the family class are medically inadmissible if they or their family members are likely to be a danger to public health or to public safety or if their admission might reasonably be expected to cause excessive demands on health or social services [A38(1)]. See Exceptions to medical inadmissibility, Section 5.20 below.
See Instructions on medical examinations . That chapter also explains how to interpret medical results to determine if the applicant is medically admissible and the steps to take before informing applicants that they are refused for medical reasons.
If a member of the family class or a family member is found to be inadmissible for medical reasons, and no new information is provided (see medically inadmissible if they or their family members are likely to be a danger to public health or to public safety or if their admission might reasonably be expected to cause excessive demands on health or social services [A38(1)]. See Exceptions to medical inadmissibility, Section 5.20 below.
See), the application should be refused.
 

ryannull

Member
Feb 12, 2016
18
1
Thank you for all the responses.

Exemptions from inadmissibility on grounds of excessive demand

As per paragraphs R24, R117(g) and R139(4), excessive demand determinations under A38(1)(c) do not apply to:

spouse, common-law partner or conjugal partner
a dependent child (including an adopted a child) of the sponsor, or of the sponsor’s spouse, common-law partner or conjugal partner;

Looks like I don't need to worry.
 
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scylla

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Mokomoko said:
Who said that spouses and dependents can not be medical inadmissible? unfortunately they can be. I saw some who were denied, and some who were delayed. however as from what I have been seeing here, if your medical results are not good they might wait until you get better. Example people on TB treatment. Also they check if the person would not be a burden to Canadian Tax payers once allowed to come.
In many cases if it's health issue which they think are acceptable according to CIC policies they allow some1 and leave him/her on surveillance .for a certain period until Doctors confirm that people is safe personally and for Canadian safety.
Read the following story you will know that people might be denied on health ground:

http://www.vancouversun.com/news/Filipina+caregiver+told+deaf+daughter+join+Vancouver/11066437/story.html

However none here here can tell you in specific situation a person will be denied, put on hold or allowed with condition . only Immigration .It's too hard to know. But be assured that it's to rare to refuse someone completely.
Your example isn't relevant to this situation. The example you provided is someone who was attempting to immigrate via an economic class. OP is immigrating via family class. Completely different rules. Please don't confuse the situation and cause unnecessary concern.
 

lonelyguy

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Done before(January),renewed, April 2016
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None
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May 17th/16.
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De N'importe quoi. what do you understand by Family class members?@ Scylla? me I have read that example. that ready was living in Vancouver I even watched that in News, and was trying to bring the daughter here.that ready was sowing that she was working hard and her daughter would never be a burden to citizen.
Wait I will post here what is in my wife notes on Medical notes.
 

lonelyguy

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Apr 21, 2015
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Nairobi
Job Offer........
Pre-Assessed..
App. Filed.......
Feb09
Doc's Request.
June/10th
AOR Received.
N/A
File Transfer...
April 23rd
Med's Done....
Done before(January),renewed, April 2016
Interview........
None
Passport Req..
May/09th/16
VISA ISSUED...
May 17th/16.
LANDED..........
22nd/2016
*Sorry I wanted to write lady in the comment above. here see the medical notes for my wife:

Updated by: xxxx
UCi: xxxx
Family name:xxx
Given name:xxxxx
Type: Medical:
Status: Passed.
Validity date: 2016/01/26
Status updated by:Xxxxxxx
Assigned to: xxxxxxx
Assigned by: xxxxxxx
Due date: 2016/04/01
Activity #:2-6B4BXE9
IME#:12002672
UMI:UF000796740.
Assesssed for : All
IME stus: assessed
Reason for closure: granted.
RMO: London.
M profile:1.
Description:No health impairment sufficient to prevent admission for medical reasons
under section 38 1() (a)

S profile: 1
Description: NO surveillance required.
MOF rationale exist: No
MOF review:
Valid until:2016/01/26

I hope you won't never tell any1 that member of family class are not concerned by medical admissibility. I also suggest you to check CIC policies and website before you give personnal suggestion to avoid...
I understand we all don't know everything that's why we come here to help eachother but if you don't know be humble to accept other's correction.
Have a blessed weekend to every1.
 
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MilesAway

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Scylla is correct. The person in the article was not sponsoring her child, and therefore was not excessive demand exempt. She was applying as a live-in caregiver. Spouses and children, when being sponsored, are exempt from that clause.

The notes you highlighted indicate that there was nothing that would be a danger to public health, and nothing about excessive demand, since your wife is exempt from that.


This is what CIC has to say about medical inadmissibility:
CIC has the policy responsibility with respect to inadmissibility on health grounds [A38].
A38(1)
38. (1) A foreign national is inadmissible on health grounds if their health condition
(a) is likely to be a danger to public health;
(b) is likely to be a danger to public safety; or
(c) might reasonably be expected to cause excessive demand on health or social
services.
Exception
None for A38(1)(a) and (b).
A38(1)(c) does not apply to a foreign national who:
has been determined to be a member of the family class and to be the spouse,
common- law partner or child of a sponsor within the meaning of the regulations;
has applied for a permanent resident visa as a Convention refugee or a person in
similar circumstances.
is a “protected person” (within the meaning of subsection A95(2)); or,
is, where prescribed by the regulations, the spouse, common-law partner, child or other
family member of a foreign national referred to in any of the aforementioned (A38(2)).
 

scylla

VIP Member
Jun 8, 2010
95,843
22,110
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
lonelyguy said:
De N'importe quoi. what do you understand by Family class members? @ Scylla? me I have read that example. that ready was living in Vancouver I even watched that in News, and was trying to bring the daughter here.that ready was sowing that she was working hard and her daughter would never be a burden to citizen.
Wait I will post here what is in my wife notes on Medical notes.
I'm not sure what's unclear. It's extremely simple. The article is about someone who was in Canada as a live in caregiver - in other words, a temporary worker (not a citizen or PR). That person applied for PR and included her daughter. This was an economic class application (NOT a family class application). The application was refused due to excessive medical burden.

The OP is being sponsored through family class - spousal sponsorship. Excessive medical burden does not apply. Yes - you can be refused due to having a communicable disease - however this is completely different than excessive burden. OP is NOT asking about communicable disease refusals. He is asking about excessive burden. The information and advice I provided is 100% accurate.