The Medical Inadmissibility Nightmare

[aminoamino]

I came to Canada on a work permit (LMIA-aproved). My husband came to Canada with me on a visitor visa and our two sons and he applied for an open spousal work permit, but after over six months long wait, only to find out that he has been ruled medical inadmissible due to excessive demand (he has a medical condition that required an expensive medication; the condition he has is not dangerous to the public or commutable). The border officer is now submitting his files to the Humanitarian and Migration Integrity Division for final decision. We were told that we will get a "fairness letter" and we will have to put in our best effort to respond. I would like to get some opinions:
(1) My husband's medication falls under public health coverage but he is also being covered 100% by my supplementary health insurance. How should we leverage this? I know we should find out how much our insurance is actually covering his medication, but is there anything else we should do?

(2) Do we need to get a lawyer or immigration consultant? How do we find a good one but not one just want to get your money?

(3) Can anyone that has gone through this (please note, ours are work permit applications so it might be different from PR applications. For example, excessive demand CANNOT be exempt on humanitarian and compassion grounds for work permit applications.)

I am deeply upset by the discriminating and outrageous law! When Canadians are condemning Trump separating families, their government is doing the exact same thing!

 

[canuck78]

The medical inadmissibility clause has been in place for a long time and the amount allowed has increased recently. It is in place to protect the Canadian healthcare system. You should mention your private coverage but it is not a factor in the decision because you could lose coverage at any point. Yes you should consider getting a lawyer. You should also research the cost of your husband's care and medication. The provincial formularies are available online. There are many posts on the subject.

 

[aminoamino]

Thank you for your kind response! My position is a academic tenure-track position and my department has a 100% tenure success rate. That being said, my contract is only four years (this is standard for academia, as they will always renew the contract). Maybe I should indicate this when we reply to the fairness letter?

The medical inadmissibility clause has been in place for a long time and the amount allowed has increased recently. It is in place to protect the Canadian healthcare system. You should mention your private coverage but it is not a factor in the decision because you could lose coverage at any point. Yes you should consider getting a lawyer. You should also research the cost of your husband's care and medication. The provincial formularies are available online. There are many posts on the subject.

 

[canuck78]

Would add all the information possible. Unfortunately couples do divorce so that argument is easily refuted. Would also look at when drug patents may be ending. If surgery may be required you can get a doctor's opinion if surgery won't be required for 10+ years.

 

[aminoamino]

Another question (since you are expert on this): am I correct that excess demand CANNOT be exempt based on humanitarian and compassion grounds for work permit applications? Even for PR applications, it will only be exempt for "members of the family class", which means Canadian citizens sponsoring foreign nationals but not foreign national sponsoring foreign nationals? (This is what the border officer told me).

 

[zardoz]

Another question (since you are expert on this): am I correct that excess demand CANNOT be exempt based on humanitarian and compassion grounds for work permit applications? Even for PR applications, it will only be exempt for "members of the family class", which means Canadian citizens sponsoring foreign nationals but not foreign national sponsoring foreign nationals? (This is what the border officer told me).

If I remember correctly, only Family Class and refugee applicants are EDE.

 

[canuck78]

Another question (since you are expert on this): am I correct that excess demand CANNOT be exempt based on humanitarian and compassion grounds for work permit applications? Even for PR applications, it will only be exempt for "members of the family class", which means Canadian citizens sponsoring foreign nationals but not foreign national sponsoring foreign nationals? (This is what the border officer told me).

In your situation no way around the medical inadmissibility clause.

 

[Nitin121]

Has not been the medical indmissibility limit increased to 19500 CAD starting from 1 june 2018??

 

[canuck78]

Has not been the medical indmissibility limit increased to 19500 CAD starting from 1 june 2018??

Yes but many treatments costs more than that on a yearly basis.

 

[Nitin121]

True .. I had kidney transplant four months back. Now my condition is stable and going to apply for study permit .Need suggestion what to answer in imm1294 background information question 1(b)
Do u have any physical or mental disorder that requires health or social services other than medication during ur stay?

 

[canuck78]

True .. I had kidney transplant four months back. Now my condition is stable and going to apply for study permit .Need suggestion what to answer in imm1294 background information question 1(b)
Do u have any physical or mental disorder that requires health or social services other than medication during ur stay?

Imagine you still need regular follow-up with a doctor post-transplant. I would probably say yes but I could see how you could justify saying no. Your anti-rejection medication and the fact that you had a transplant is going to come up sometime during the application. If your plan is to pursue PGWP and then PR I would look at the cost of all your medication based on a provincial formulary. If it is over 19.5K plus your other doctors visits, tests, other medical treatment you may want to reassess. There is a medical inadmissibility clause for PR.

 

[Bs65]

I am no medical expert but assume that @Nitin121 is aware they can only bring 90 days supply of any medication into the country and also have they checked out whether any health insurance whilst on a study permit will cover them for anything such as follow ups, medication and complications which hopefully will not be.

 

[Nitin121]

I need a followup with a doctor every 6 months and some blood tests done which cost less that 150CAD. i do not intend to hide anything and I have disclosed my surgery and medication to the panel physician during my medical.
i wish to know whether should I write these 300 CAD per year of blood tests in the background information section question 1 part b of the imm1294 form.
I am afraid that rhe VO might think that I have a transplant and need tests and by saying NO in that question would seem like I am hiding anything.
And my medication costs less than 6000 CAD per year.

Imagine you still need regular follow-up with a doctor post-transplant. I would probably say yes but I could see how you could justify saying no. Your anti-rejection medication and the fact that you had a transplant is going to come up sometime during the application. If your plan is to pursue PGWP and then PR I would look at the cost of all your medication based on a provincial formulary. If it is over 19.5K plus your other doctors visits, tests, other medical treatment you may want to reassess. There is a medical inadmissibility clause for PR.

 

[canuck78]

I am no medical expert but assume that @Nitin121 is aware they can only bring 90 days supply of any medication into the country and also have they checked out whether any health insurance whilst on a study permit will cover them for anything such as follow ups, medication and complications which hopefully will not be.

Seems like there is a different threshold (lower) for medical costs for students. Seems depend on the province. Yes you should definitely look into each health policy for international students. Some only cover medication to a certain cost total. The assumption is that students tend to be young, healthy and need very little medical care so the coverage is not always great.

 

[canuck78]

I need a followup with a doctor every 6 months and some blood tests done which cost less that 150CAD. i do not intend to hide anything and I have disclosed my surgery and medication to the panel physician during my medical.
i wish to know whether should I write these 300 CAD per year of blood tests in the background information section question 1 part b of the imm1294 form.
I am afraid that rhe VO might think that I have a transplant and need tests and by saying NO in that question would seem like I am hiding anything.
And my medication costs less than 6000 CAD per year.

No need to include a few blood test a year.