HIV and statutory questions and more

[Outworld]

Hello dear forumites,

I am about to submit my ITA, however I have encountered a question in Statutory Question section " have u had serious disease, physical or mental disorder?" I am not quite sure what to answer yes or no?
I am a person living with HIV and taking medications to have it under control. So far my viral load is very low below 400 and my CD4 back 6 months ago was 460 and viral load 61000.
I have no symptoms no AIDS no Hepatitis B or C no TB.
Therefore, should I answer " No" and then disclose my condition and history of the course of HIV and medication I am taking to panel physician later on.
Has anyone had been in my situation ever?
What did you guys living with HIV answered the statutory question about serious disease

 

[zohebshaikh]

Hello dear forumites,

I am about to submit my ITA, however I have encountered a question in Statutory Question section " have u had serious disease, physical or mental disorder?" I am not quite sure what to answer yes or no?
I am a person living with HIV and taking medications to have it under control. So far my viral load is very low below 400 and my CD4 back 6 months ago was 460 and viral load 61000.
I have no symptoms no AIDS no Hepatitis B or C no TB.
Therefore, should I answer " No" and then disclose my condition and history of the course of HIV and medication I am taking to panel physician later on.
Has anyone had been in my situation ever?
What did you guys living with HIV answered the statutory question about serious disease

Duplicate post. Answered you today earlier on this query: https://www.canadavisa.com/canada-immigration-discussion-board/threads/statutory-questions-serious-disease-or-physical-or-mental-disorder.537970/#post-6990555

If you say no, you will be banned for misrepresentation as your medical will indicate that you have HIV and they will see that you did not disclose it.

 

[zohebshaikh]

Duplicate post. Answered you today earlier on this query: https://www.canadavisa.com/canada-immigration-discussion-board/threads/statutory-questions-serious-disease-or-physical-or-mental-disorder.537970/#post-6990555

If you say no, you will be banned for misrepresentation as your medical will indicate that you have HIV and they will see that you did not disclose it.

What they want to know is whether you have a condition that you could pass on to their citizens/residents after immigration. To the best of my knowledge HIV can be passed on to another through sexual contact or common use of needles. Whether you will do this or not is not the issue.

Saying 'yes' to the question will not disqualify you, they will decide basis your medical. You will get a text field to type your explanation or perspective when you say 'yes'.

Saying 'no' will clearly be considered 'misrepresentation' (as your medical will show that you have HIV) and result in a ban.

GL & take care of yourself.

 

[zohebshaikh]

Their medical exam tests blood for:
"707 HIV test"
"712 Syphilis Test (VDRL or RPR)"

There is no ambiguity on this. If you are sure your condition is not a serious disease, why are you scared of disclosing ? They will not reject you for disclosing, but they sure will for NOT doing so !!!

 

[Outworld]

What they want to know is whether you have a condition that you could pass on to their citizens/residents after immigration. To the best of my knowledge HIV can be passed on to another through sexual contact or common use of needles. Whether you will do this or not is not the issue.

Saying 'yes' to the question will not disqualify you, they will decide basis your medical. You will get a text field to type your explanation or perspective when you say 'yes'.

Saying 'no' will clearly be considered 'misrepresentation' (as your medical will show that you have HIV) and result in a ban.

GL & take care of yourself.

HIv Is ruled out from the communicable disease list of CDC.
I am not hiding that I have that condition I am going to disclose it to panel physician. I find no where that it is a serious disease. There is no list of serious diseases on CIC website.
Let's say someone has chronic kidney disorder who doesn't require dialysis. Should they also answe "Yes" for the upmentioned question?

 

[Outworld]

Their medical exam tests blood for:
"707 HIV test"
"712 Syphilis Test (VDRL or RPR)"

There is no ambiguity on this. If you are sure your condition is not a serious disease, why are you scared of disclosing ? They will not reject you for disclosing, but they sure will for NOT doing so !!!

Disclosing to whom? To the immigration officer directly? Or to panel physician?

 

[Outworld]

Their medical exam tests blood for:
"707 HIV test"
"712 Syphilis Test (VDRL or RPR)"

There is no ambiguity on this. If you are sure your condition is not a serious disease, why are you scared of disclosing ? They will not reject you for disclosing, but they sure will for NOT doing so !!!

If I answer "Yes" it means I aknowledge I have serious disease which is not true. Is diabetes serious disease? Complications of diabetes are more frequent and lead to disabilities in comparison with HIV.

 

[zohebshaikh]

Disclosing to whom? To the immigration officer directly? Or to panel physician?

answering that question in the PR application

 

[Outworld]

answering that question in the PR application

First of all, thanks for your fast response I do appreciate that!!
Just would like to know whether you answered Yes for your PR application in the past or you know someone who did and then explain the situation and didn't get refused for answering Yes to that question.

 

[zohebshaikh]

If I answer "Yes" it means I aknowledge I have serious disease which is not true. Is diabetes serious disease? Complications of diabetes are more frequent and lead to disabilities in comparison with HIV.

They really don't care whether we "acknowledge" whether we have a serious disease or not.

If they, in their medical opinion find your medical result meeting any/all of the following criteria, they will issue you a procedural fairness letter for medical inadmissibility, irrespective of whether you "acknowledge" or 'disclose' in your application.

1. they will determine whether you are 'likely to be a danger to public health' basis your medical (which tests for only three diseases: HIV, Syphilis, and TB).
2. they will determine if your medical condition as per the medical report is 'expected to cause excessive demand on health or social services' basis the criteria they established mid-April this year.
3. whether you have tried to hide or misrepresent your condition in your application. (in this case they will issue you a procedural fairness letter for misrepresenting).

HIV, irrespective of how you or me see it, is a serious disease according to them and one of three conditions they specifically screen for.

All the best, take care !

 

[zohebshaikh]

First of all, thanks for your fast response I do appreciate that!!
Just would like to know whether you answered Yes for your PR application in the past or you know someone who did and then explain the situation and didn't get refused for answering Yes to that question.

I know of many who answered "yes" for inactive/old TB and got through.

 

[Outworld]

They really don't care whether we "acknowledge" whether we have a serious disease or not.

If they, in their medical opinion find your medical result meeting any/all of the following criteria, they will issue you a procedural fairness letter for medical inadmissibility, irrespective of whether you "acknowledge" or 'disclose' in your application.

1. they will determine whether you 'likely to be a danger to public health' basis your medical (which tests for only three diseases: HIV, Syphilis, and TB).
2. they will determine if your medical condition as per the medical report is 'expected to cause excessive demand on health or social services' basis the criteria they established mid-April this year.
3. whether you have tried to hide or misrepresent your condition in your application. (in this case they will issue you a procedural fairness letter for misrepresenting).

HIV, irrespective of how you or me see it, is a serious disease according to them and one of three conditions they specifically screen for.

All the best, take care !

Thanks once again!
They no longer consider HIV as danger to public.
For TB and Syphilis it's yes but for HIV it's no.
That's why I thought they are asking for TB or Syphilis or kidney, liver failure in that statutory question

 

[zohebshaikh]

If I answer "Yes" it means I aknowledge I have serious disease which is not true. Is diabetes serious disease? Complications of diabetes are more frequent and lead to disabilities in comparison with HIV.

the seriousness is not with regard to the patient's health. the seriousness they are considering is with regard to infecting others and the financial burden to their healthcare system to treat the condition.

diabetes may be a serious disease for the patient, but it does not infect others (be passed on) and can be treated without a financial burden to their system. However, if their medical indicates other complications present because of diabetes, then that will be evaluated for financial burden.

 

[Outworld]

the seriousness is not with regard to the patient's health. the seriousness they are considering is with regard to infecting others and the financial burden to their healthcare system to treat the condition.

diabetes may be a serious disease for the patient, but it does not infect others (be passed on) and can be treated without a financial burden to their system. However, if their medical indicates other complications present because of diabetes, then that will be evaluated for financial burden.

What I was saying is thaton official CIC site it is stated that HIV unlike TB is not a concern of public danger

 

[zohebshaikh]

Thanks once again!
They no longer consider HIV as danger to public.

then just disclose it and give your explanation (in the field they will provide when you say yes) that: "though in my opinion HIV is not a serious disease, I am disclosing it nevertheless as I do not want to be seen as hiding it if according to the CIC interpretation it is a serious disease"

you will not be rejected for acknowledging or interpreting HIV as serious or otherwise, but if you do not and your interpretation is not as per theirs you will be banned for misrepresentation.

Good Luck !