Medical inadmissibility rules changes

[Medwizkid]

Okay so for completenes

just to stress what Canuck 78 said in that Canadian residents are not legally allowed to import prescription drugs by mail or courier so obtaining from India not an option .See section 6 figure 2 in link below

https://www.canada.ca/en/health-canada/services/drugs-health-products/compliance-enforcement/importation-exportation/guidance-document-import-requirements-health-products-under-food-drugs-act-regulations-0084.html

Okay so that's out.

Again if my med usage is below the threshold is then I may not get a letter. I assume my rheumatologist will be contacted for more information during the medical. It depends what they say too.

 

[jbhkaur]

Okay so for completenes

Okay so that's out.

Again if my med usage is below the threshold is then I may not get a letter. I assume my rheumatologist will be contacted for more information during the medical. It depends what they say too.

Hi,

Please help me.

I applied for parents' visitor extension in May 2018. Parents already here in Canada. Parents' also have permanent residence file in process. They did upfront medical for extension.

My dad has some medical issues like heart disease, diabetes, kidney problem due to diabetes - but everything stable on medications. My dad had hospitalisation twice in Canada.

I got procedural fairness letter yesterday saying that

It has been determined that you are a person whose health condition might reasonably be expected to cause excessive demand on social services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $6,387.00 per year. Pursuant to subsection 38(1) of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.

I was reading articles on new changes in this regard. I just want to know according to forum members is it still 6387.00 per year or it is around 19000 dollars.

According to the new changes that I understood it is around 19000 dollars per year. Is it a mistake that cic sent us letter with wrong dollars amount or what is your opinion.

 

[canuck78]

Okay so for completenes

Okay so that's out.

Again if my med usage is below the threshold is then I may not get a letter. I assume my rheumatologist will be contacted for more information during the medical. It depends what they say too.

Yes it is not only Rx usage. Appointments, tests, scans, etc will also factor into the application. Sorry no great ideas.

 

[Medwizkid]

Then I'm not in a good position. Hmmm

 

[Medwizkid]

Spoke to my rheumatologist as I had an appointment and they told me they are on my side and will advocate for me if they are consulted. Let me just be upfront and see how it goes. It's just a huge financial commitment though and I don't see how a lawyer can help that much and they charge too much. Any lawyer recommendations. Or what should the way forward be

 

[Medwizkid]

Yes it is not only Rx usage. Appointments, tests, scans, etc will also factor into the application. Sorry no great ideas.

Just one more question. How does the ircc have access to my medical records. When I say records I mean the records when I see my rheumatologist etc.. there is no consent to that. For their medical I understand but beyond that who gives them that permission. Doesn't make sense to me

 

[canuck78]

Believe it is just the panel physician that has access to the records. Not sure what amount of access they have but most records are electronic these days. Also billing info. Tons of info through your provincial medical number. Not charted info by hand if you doctor still does that.

 

[Medwizkid]

Believe it is just the panel physician that has access to the records. Not sure what amount of access they have but most records are electronic these days. Also billing info. Tons of info through your provincial medical number. Not charted info by hand if you doctor still does that.

Do they ask for your provincial number.

 

[canuck78]

Haven't filled it out but you give your name, DOB and SIN.

 

[canuck78]

Sure there is tons of literature for you to read or cases that have been filed although record keeping has changed dramatically. So have drug and procedure costs. Would try and get in touch with other similar cases. Remember someone won a fight against their crohns refusal recently due to availibility of generic drug relatively soon. They are much more knowledgeable than me.

 

[Medwizkid]

Sure there is tons of literature for you to read or cases that have been filed although record keeping has changed dramatically. So have drug and procedure costs. Would try and get in touch with other similar cases. Remember someone won a fight against their crohns refusal recently due to availibility of generic drug relatively soon. They are much more knowledgeable than me.

Do you have the links I get in touch with them

 

[canuck78]

Do you have the links I get in touch with them

I would have to search the forum. There is a search option. I'll leave you to do the work.

 

[SriTLIN]

Hi,

Please help me.

I applied for parents' visitor extension in May 2018. Parents already here in Canada. Parents' also have permanent residence file in process. They did upfront medical for extension.

My dad has some medical issues like heart disease, diabetes, kidney problem due to diabetes - but everything stable on medications. My dad had hospitalisation twice in Canada.

I got procedural fairness letter yesterday saying that

It has been determined that you are a person whose health condition might reasonably be expected to cause excessive demand on social services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $6,387.00 per year. Pursuant to subsection 38(1) of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.

I was reading articles on new changes in this regard. I just want to know according to forum members is it still 6387.00 per year or it is around 19000 dollars.

According to the new changes that I understood it is around 19000 dollars per year. Is it a mistake that cic sent us letter with wrong dollars amount or what is your opinion.

Hi,

I am very sorry to hear that. Can you please clarify, when did your parents receive the permanent resident application.
As per the temporary public policy, if your parents received PR application on and after 16 April 2018, then it will be treated under new policy. refer to temporary public policy here - https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/excessive-demand-june-2018.html

Also the fairness letter would list many more details, which will tell you whether the application was considered under new norms or the old one. If the application was received before the Apr 16, and if the listed medical facts doesn't pump up the health related expenses (as listed in fairness letter) more than 19K, the solution would be to reapply for PR.

Thank you.

 

[SriTLIN]

Do you have the links I get in touch with them

Please refer to this official canada government article - https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/in/in01-eng.pdf
Page# 11, section: A.1 Provincial and territorial agreements and arrangements

The information sharing between federal and province is already in place (became aware of this thru my earlier research). Some of this information is already shared with other countries as well. You can find instances in this forum, where people were reporting about health/ personal information abuse when someone was denied entry into a plane after finding about their hospital records; and the Canadian (citizen) traveler was speechless how foreign immigration officials have come by with his/ her personal medical information.
Also Canada bar association is recommending changes on transparency of this agreement. This is a separate argument on whole.

My suggestion is to share the information in genuine manner and be prepared with all the possible outcomes. Since you are already in contact with the doctor, try and get the relevant information
As a worst case scenario - you can research the forum, on what you have to submit if their is a fairness letter; and collect the required documents/ information. In case of fairness letters, there will be enough time if the applicant is prepared with case file and can start with lawyer consultation immediately.

 

[canuck78]

Hi,

I am very sorry to hear that. Can you please clarify, when did your parents receive the permanent resident application.
As per the temporary public policy, if your parents received PR application on and after 16 April 2018, then it will be treated under new policy. refer to temporary public policy here - https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/excessive-demand-june-2018.html

Also the fairness letter would list many more details, which will tell you whether the application was considered under new norms or the old one. If the application was received before the Apr 16, and if the listed medical facts doesn't pump up the health related expenses (as listed in fairness letter) more than 19K, the solution would be to reapply for PR.

Thank you.

Knowing more about the case there is a significant amount of Canadian medical debt that was created by the most recent hospitalization so even at the higher level extension will likely not get approval. It was the father's 2nd expensive hospital admission in Canada in under 3 years. There also seems to be a limit for PR and another one for temporary visas. Not sure if that will go away.