Waiting for Study Permit for 6 months

[PMC89]

My sister applied for her study permit at the end of May, needless to say, with the visa not getting approved yet she had to defer her degree to Fall 2018. On September she received a letter from the visa officer saying that due to a medicine she is taking for her medical conditions if they approve the visa, she might cause an excessive demand to the Canadian Social Services due to the expense of the medicine. Therefore they requested a personal letter of how we are going to pay for the medicine as well as a declaration that we will not cause any excessive demand to the Canadian Social Service. I am surprised that they would think like that. She is coming to Canada to pursue higher education not to become a burden!

However, we have already thought about this situation even before applying for the visa (but of course the visa officer didn't know about it) and upon her Doctor's suggestion, we purchased two more years worth of medicine from India since it's a lot cheaper there. We definitely don't want the Canadian Social Service to bear the expense and we also most definitely have the ability to bear the expenses. Furthermore, it's actually safer for her if she sticks to the brand of medicine that she purchased from here as her body is already used to it. That's why we responded to them with the following documents explaining everything in detail.

1. Personal letter explaining how long she has to take the medicine and that she already purchased it from here and won't need to rely on the Canadian Social Service
   
2. Receipt of purchase of medicines
3. Letters from her personal physicians saying that she is doing well and can carry the medicines with her
   
4. An Affidavit of Sponsorship from my parents saying that they will bear every expense related to her
5. A declaration form (which was sent to us by them in September) saying that we will not hold the Canadian Social Service responsible

She submitted all these documents in October but still hasn't heard from them. Not sure why they are still delaying. Do you guys think it would be wise to contact them and ask them about the status of her application along with mentioning that her university degree got deferred to 2018 Fall? Therefore, her offer from the university still stands.

We would be appreciative if you guys could share your opinion. Every opinion matters, so we would be very thankful if as many of you can respond. Thanks

 

[scylla]

Purchasing 2 years of medicine from India isn't a valid solution since she is only legally allowed to bring a 90 day supply with her when she comes to Canada. You cannot mail medication to Canada and no one is allowed to import it on your behalf. The letter should have explained how your sister plans to pay for her medication in Canada at Canadian prices. Also, typically CIC does not place any value on affidavits of support since they cannot be legally enforced. The best approach to fairness letters is typically to show that the person does not fall under excessive demand, meaning the cost of the treatment / care CIC believes that person will require in Canada is lower than what CIC has calculated. Note that costs of medications / treatments must be calculated based on what they would cost in Canada since that's where your sister will be living.

It's hard to say what will happen next since each case is so individual. However I would say there's definitely quite a high chance your sister is going to be refused due to her medical condition.

Yes - I would submit a visa specific inquiry to request status on her application. Good luck.

 

[hussain-lala]

In

My sister applied for her study permit at the end of May, needless to say, with the visa not getting approved yet she had to defer her degree to Fall 2018. On September she received a letter from the visa officer saying that due to a medicine she is taking for her medical conditions if they approve the visa, she might cause an excessive demand to the Canadian Social Services due to the expense of the medicine. Therefore they requested a personal letter of how we are going to pay for the medicine as well as a declaration that we will not cause any excessive demand to the Canadian Social Service. I am surprised that they would think like that. She is coming to Canada to pursue higher education not to become a burden!

However, we have already thought about this situation even before applying for the visa (but of course the visa officer didn't know about it) and upon her Doctor's suggestion, we purchased two more years worth of medicine from India since it's a lot cheaper there. We definitely don't want the Canadian Social Service to bear the expense and we also most definitely have the ability to bear the expenses. Furthermore, it's actually safer for her if she sticks to the brand of medicine that she purchased from here as her body is already used to it. That's why we responded to them with the following documents explaining everything in detail.

1. Personal letter explaining how long she has to take the medicine and that she already purchased it from here and won't need to rely on the Canadian Social Service
   
2. Receipt of purchase of medicines
3. Letters from her personal physicians saying that she is doing well and can carry the medicines with her
   
4. An Affidavit of Sponsorship from my parents saying that they will bear every expense related to her
5. A declaration form (which was sent to us by them in September) saying that we will not hold the Canadian Social Service responsible

She submitted all these documents in October but still hasn't heard from them. Not sure why they are still delaying. Do you guys think it would be wise to contact them and ask them about the status of her application along with mentioning that her university degree got deferred to 2018 Fall? Therefore, her offer from the university still stands.

We would be appreciative if you guys could share your opinion. Every opinion matters, so we would be very thankful if as many of you can respond. Thanks

my opinion she can wait for final decision. Positive thing is that visa officer asked how she will not be a burden on their social security which means if they are satisfied then there will not be any issue left. From your response above it’s obviously a good reply.

 

[scylla]

In

my opinion she can wait for final decision. Positive thing is that visa officer asked how she will not be a burden on their social security which means if they are satisfied then there will not be any issue left. From your response above it’s obviously a good reply.

The letter is a negative thing - not positive. CIC only sends this letter when they are getting ready to refuse an applicant. They are commonly referred to as fairness letters on this forum.

 

[hussain-lala]

The letter is a negative thing - not positive. CIC only sends this letter when they are getting ready to refuse an applicant. They are commonly referred to as fairness letters on this forum.

Hmm, I didn’t know that. But your point seems logical. Let’s see!
And best of luck to her.

 

[PMC89]

The letter is a negative thing - not positive. CIC only sends this letter when they are getting ready to refuse an applicant. They are commonly referred to as fairness letters on this forum.

The letter is a positive thing - not a negative thing. If they had to refuse, they would have refused without the letter. The letter means they want to give a chance. I am not asking whether it's a positive or a negative thing. My question was whether we should get in touch with CIC

 

[ElStu]

The letter is a positive thing - not a negative thing. If they had to refuse, they would have refused without the letter. The letter means they want to give a chance. I am not asking whether it's a positive or a negative thing. My question was whether we should get in touch with CIC

It would be good for her to contact them. I have been waiting for six months like herself. Yes, i contacted them by email and i’m doing that daily as a constant reminder for them that i’m still waiting. Don’t be aftaid, you have nothing to lose. Contact them.

 

[canuck_in_uk]

The letter is a positive thing - not a negative thing. If they had to refuse, they would have refused without the letter. The letter means they want to give a chance. I am not asking whether it's a positive or a negative thing. My question was whether we should get in touch with CIC

No, it is not positive. They can't refuse an app based on medical inadmissibility without issuing a fairness letter; it is a legal formality. The fact that the letter has been issued basically means that they have decided to refuse the app. Some applicants are able to successfully challenge the letter and be approved but the majority are unsuccessful.

She can contact the VO if she wants but with a fairness letter issued, her app no longer falls under the standard processing time, so it can take many more months.

 

[scylla]

The letter is a positive thing - not a negative thing. If they had to refuse, they would have refused without the letter. The letter means they want to give a chance. I am not asking whether it's a positive or a negative thing. My question was whether we should get in touch with CIC

It's procedural when CIC is planning to refuse someone due to medical inadmissibility. In other words, when CIC wants to refuse an application because they believe the applicant will be a medical services burden to Canada, the next step is to issue the fairness letter. They do this in all cases where they plan to refuse for medical reasons. The fairness letter demonstrates an intent on the part of CIC to refuse but also provides the applicant with one last chance to argue why they shouldn't be.

As mentioned in my original response - yes, you can certainly send a case specific inquiry to ask about the status of the application. There's no harm in doing so.

 

[PMC89]

Scylla, do you think I can chat with you for a few minutes regarding this situation? I would really appreciate if we can do so. If you can PM your contact number I would be grateful

 

[scylla]

I'm afraid I don't offer private advice. I'm not an immigration lawyer or consultant and am not trained to do this. If I post advice on the forum and make a mistake - someone will catch it. That's another reason why I'm not comfortable providing private advice.

If you want private advice, your best option would be to go with a very good immigration lawyer with experience in fairness letter cases.

Good luck.