controlled/stable Epilepsy-any problem to my medical exam?

[HeydenMa]

Hello all,

I am from China, recently facing the medical exam as spouse (EE- SKILLED WORKER), but considering I am an epileptic and IRCC has requirements for the medical examination. Therefore, I have some questions and would like to consult, hoping to get help and explanation.

I understand that the IRCC has relaxed the requirements for medical exam many times. However, for some patients with chronic diseases, especially applicants who may cause serious burden to Canada's public health care system, strict examination and evaluation will be conducted.

First of all, please allow me to introduce my illness.

• YOB：1988;
• Confirmed Chronic Disease: (Mild) Epilepsy, from my childhood;
• Treatment: Single drug therapy;
• Drug Information: Lamotrigine, GSK(GlaxoSmithKline);
• Dosage: 150mg/day;
• Last Seizure: 05/2013;
• Current Situation: very stable. And always working in China.

Therefore, I think lamotrigine is a very suitable drug for me, and the single-drug treatment scheme has achieved remarkable results so far.

For the medical burden, it is mainly about Lamotrigine. The price of the drug in China is about 3500-4500 RMB/year (700-900 CAD/year), but the cost is 100% paid by government medical insurance.

In view of the fact that there is no clear official explanation, do you have any cases that can be referred to? I visited some forums and IRCC's website about 'Medical refusals and inadmissibility', and searched the keyword' Epilepsy', and found that there was no specific denial instructions for epilepsy.

I am very nervous and anxious now, and I have been struggling with whether to disclose my illness during the medical examination. But so far, I still prefer to answer ‘yes’ when asked if I have any neurological diseases. But what worries me more is that this ‘yes' will result in my family's PR application being rejected.

 

[PMM]

HI

Hello all,

I am from China, recently facing the medical exam as spouse, but considering I am an epileptic and IRCC has requirements for the medical examination. Therefore, I have some questions and would like to consult, hoping to get help and explanation.

I understand that the IRCC has relaxed the requirements for medical exam many times. However, for some patients with chronic diseases, especially applicants who may cause serious burden to Canada's public health care system, strict examination and evaluation will be conducted.

First of all, please allow me to introduce my illness.

• YOB：1988;
• Confirmed Chronic Disease: (Mild) Epilepsy, from her childhood;
• Treatment: Single drug therapy;
• Drug Information: Lamotrigine, GSK(GlaxoSmithKline);
• Dosage: 150mg/day;
• Last Seizure: 05/2013;
• Current Situation: very stable. And always doing my Job in China.

Therefore, I think lamotrigine is a very suitable drug for me, and the single-drug treatment scheme has achieved remarkable results so far.

For the medical burden, it is mainly about Lamotrigine. The price of the drug in China is about 3500-4500 RMB/year (700-900 CAD/year), but the cost is 100% paid by government medical insurance.

In view of the fact that there is no clear official explanation, do you have any cases that can be referred to? I visited some forums and IRCC's website about 'Medical refusals and inadmissibility', and searched the keyword' Epilepsy', and found that there was no specific denial instructions for epilepsy.

I am very nervous and anxious now, and I have been struggling with whether to disclose my illness during the medical examination. But so far, I still prefer to answer ‘yes’ when asked if I have any neurological diseases. But what worries me more is that this ‘yes' will result in my family's PR application being rejected.

1 Spouses are medically exempt from excessive demand, so you have no fear of refusal on those grounds.
2. You have to be honest in the medical exam, if you lie, or don't tell the truth about your condition, you could be refused for misrepresentaion and receive a 5 year ban.

 

[HeydenMa]

HI


1 Spouses are medically exempt from excessive demand, so you have no fear of refusal on those grounds.
2. You have to be honest in the medical exam, if you lie, or don't tell the truth about your condition, you could be refused for misrepresentaion and receive a 5 year ban.

Hi PPM，

Thanks very much for ur reply.

But where can I find official written info regarding to the comment 1 u mentioned? Here's the link I found: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/exam/medical-exemptions.html , and the 'exception' section in this page:https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/medical-inadmissibility.html#excessive-demand and point 38 of https://laws.justice.gc.ca/eng/acts/i-2.5/page-9.html#docCont
Is this 'spouse exemptions' on this page treated differently by different immigration programs? Because I knew that it is surly exempted if the case u requested is 'Spousal sponsorship(immigrating via marriage)'. But the case we are running is about 'ee-skilled worker', so is this exemption clause also applicable?

And for the point 2, now I decide to disclose my epilepsy, preparing other supporting document right now, such as one recent statement issued by my neurophysician...

Thanks again.

 

[PMM]

HI

Hi PPM，

Thanks very much for ur reply.

But where can I find official written info regarding to the comment 1 u mentioned? Here's the link I found: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/exam/medical-exemptions.html , and the 'exception' section in this page:https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/medical-inadmissibility.html#excessive-demand and point 38 of https://laws.justice.gc.ca/eng/acts/i-2.5/page-9.html#docCont
Is this 'spouse exemptions' on this page treated differently by different immigration programs? Because I knew that it is surly exempted if the case u requested is 'Spousal sponsorship(immigrating via marriage)'. But the case we are running is about 'ee-skilled worker', so is this exemption clause also applicable?

And for the point 2, now I decide to disclose my epilepsy, preparing other supporting document right now, such as one recent statement issued by my neurophysician...

Thanks again.

1. Sorry didn't realize you were the spouse of an EE applicant (You edited your post to clarify, I see)
2. Depending on the 5 year cost of your treatment in Canada, it could be a cause for refusal. But unlikely, since the cost of Lamotrigine, 150 mg, 30 days supply is only $8.32
3. My point about not informing the Doctor still stands.

 

[canuck78]

Agree misrepresentation is never the way to go. It can cause so many problems. As long as your seizures have been controlled and you have been working there should be no problem. If you needed brain surgery or your seizures were not controlled and you were unable to work that would likely be a problem. Not sure if you are still having seizures but you may have grown out of them which does happen in some seizure disorders. May impact your ability to get a drivers license if you have had seizures in the past

 

[HeydenMa]

Agree misrepresentation is never the way to go. It can cause so many problems. As long as your seizures have been controlled and you have been working there should be no problem. If you needed brain surgery or your seizures were not controlled and you were unable to work that would likely be a problem. Not sure if you are still having seizures but you may have grown out of them which does happen in some seizure disorders. May impact your ability to get a drivers license if you have had seizures in the past

Hi Canuck78,

Thanks for your suggestion, I'll disclose my stable condition in exam clearly. （ps. All the seizures occurred during my sleep, either before or just after I fell asleep. So, all in the bed.）For the other issue after landing, just like driving license u mentioned, I'll take the initiative to inform in accordance with local laws and cooperate with all procedures, medical examinations and investigations.

Have a nice day~~~

 

[HeydenMa]

HI
1. Sorry didn't realize you were the spouse of an EE applicant (You edited your post to clarify, I see)
2. Depending on the 5 year cost of your treatment in Canada, it could be a cause for refusal. But unlikely, since the cost of Lamotrigine, 150 mg, 30 days supply is only $8.32
3. My point about not informing the Doctor still stands.

Hi PMM,

Appreciating for your great patience! If I don't disturb you, I still hope to have some open discussion with you friendly.

I still have a little doubt about the definition of ‘spouse exempted from excessive demand’（only for the spouse of spousal sponsorship program???）. If 'YES', I think I should be able to find some notes/attention about this exceptions and particularities. But I found nothing from below written info, so that I think this clause is applicable to all applicants‘ spouses of most immigration program? Do you think I'm right?

1. Medical inadmissibility: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons/medical-inadmissibility.html#excessive-demand
'Exception' section, point 3:
Medical inadmissibility rules for excessive demand reasons don’t apply to: certain people being sponsored by their family, such as dependant children, spouses and common-law partners

2. Admissibility: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-decisions/admissibility.html
'Exceptions to medical inadmissibility' section, para 2, point 1:
However, there is an exception to this medical inadmissibility. The following individuals cannot be found inadmissible on grounds that they might reasonably be expected to cause excessive demand on health or social services [A38(2)(a), R24]: a sponsored spouse, common-law or conjugal partner.

3. DIVISION 4 - Inadmissibility: https://laws.justice.gc.ca/eng/acts/i-2.5/page-9.html#docCont
Health grounds, Exception, 38(2)(a):
A foreign national is inadmissible on health grounds if their health condition might reasonably be expected to cause excessive demand on health or social services. BUT does not apply in the case of 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;

4. Definitions: https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-1.html (Link to point 3)
Definition of family member (a):
the spouse or common-law partner of the person;

5. Medical Definitions: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/definitions.html
'Excessive Demand Exempt (EDE)' section, point 1:
As per paragraphs A38(2), R24, R117(g) and R139(4), excessive demand determinations under A38(1)(c) do not apply to: spouse, common-law partner or conjugal partner;

6. Medical exemptions: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/exam/medical-exemptions.html
'Exemptions from inadmissibility on grounds of excessive demand' section, point 1:
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.

7. Inadmissibility: https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-8.html
'Assessment of inadmissibility on health grounds' section, 20:
An officer shall determine that a foreign national is inadmissible on health grounds if an assessment of their health condition has been made by an officer who is responsible for the application of sections 29 to 34 and the officer concluded that the foreign national’s health condition is likely to be a danger to public health or public safety or might reasonably be expected to cause excessive demand.
'Exception to excessive demand' section, 24(a)(b):
For the purposes of subsection 38(2) of the Act, a foreign national who has been determined to be a member of the family class is exempted from the application of paragraph 38(1)(c) of the Act if they are

• (a) in respect of the sponsor, their conjugal partner, their dependent child or a person referred to in paragraph 117(1)(g); or
• (b) in respect of the spouse, common-law partner or conjugal partner of the sponsor, their dependent child.

 

[canuck78]

Hi Canuck78,

Thanks for your suggestion, I'll disclose my stable condition in exam clearly. （ps. All the seizures occurred during my sleep, either before or just after I fell asleep. So, all in the bed.）For the other issue after landing, just like driving license u mentioned, I'll take the initiative to inform in accordance with local laws and cooperate with all procedures, medical examinations and investigations.

Have a nice day~~~

Just confirming that you no longer have seizures. If you still have seizures I don't think it would be considered well controlled.

 

[vensak]

to clarify about spouses. Yes they are exempt of excessive demand but only if it happens when your partner was already PR or Canadian, when he was marrying with you / formed common law.
Otherwise spouses and also for dependent children, despite they do no accompany main applicant; can cause whole application being rejected.
Why? Because it would be a very convenient loophole for everybody. Just leave the family behind and then to walk around excessive demand.

Now for your case, here is what happens (attention some of it I do assume according to the information available)
1. They will take all your examinations into consideration (so for example if you have other minor things, they can add up).
2. They will check the estimated costs of all you would need (and that is not just medicament, but also additional visits of specialist or anything else)
3. They will project your health situation during next 10 years (if you illness has probability to get worse given current statistics and knowledge).
4. And then they calculate costs on that projection for 10 years in total and divide by 10 years to get the average.
Of course all that is done with current prices (which is actually good).
5. And lastly they compare your average costs with the threshold and decide accordingly.

But of course there are exceptions. If you had a disease that would be heavily contagious (health risk), then all money calculation would go out of the window.

So from what you have told, mild epilepsy alone should not be a problem for (medication is not very expensive and you do not need much of a follow up). In that case there is nothing to worry about. But of course expect that the application will take longer and that they might ask for additional medical tests. But then again that is all it is.

 

[HeydenMa]

to clarify about spouses. Yes they are exempt of excessive demand but only if it happens when your partner was already PR or Canadian, when he was marrying with you / formed common law.
Otherwise spouses and also for dependent children, despite they do no accompany main applicant; can cause whole application being rejected.
Why? Because it would be a very convenient loophole for everybody. Just leave the family behind and then to walk around excessive demand.

Now for your case, here is what happens (attention some of it I do assume according to the information available)
1. They will take all your examinations into consideration (so for example if you have other minor things, they can add up).
2. They will check the estimated costs of all you would need (and that is not just medicament, but also additional visits of specialist or anything else)
3. They will project your health situation during next 10 years (if you illness has probability to get worse given current statistics and knowledge).
4. And then they calculate costs on that projection for 10 years in total and divide by 10 years to get the average.
Of course all that is done with current prices (which is actually good).
5. And lastly they compare your average costs with the threshold and decide accordingly.

But of course there are exceptions. If you had a disease that would be heavily contagious (health risk), then all money calculation would go out of the window.

So from what you have told, mild epilepsy alone should not be a problem for (medication is not very expensive and you do not need much of a follow up). In that case there is nothing to worry about. But of course expect that the application will take longer and that they might ask for additional medical tests. But then again that is all it is.

Thanks very much....

I found one link below:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/excessive-demand.html
There's one example for excessive demand calculation. And I think my expenses are much lower than his. Therefore, I also feel that my annual drug, examination and diagnosis costs will not exceed $ 19,812.

 

[canuck78]

Thanks very much....

I found one link below:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/excessive-demand.html
There's one example for excessive demand calculation. And I think my expenses are much lower than his. Therefore, I also feel that my annual drug, examination and diagnosis costs will not exceed $ 19,812.

All depends if you are still having seizures and they think there will be need for further investigation. Sounds unlikely so just apply and see what happens.

 

[HeydenMa]

All depends if you are still having seizures and they think there will be need for further investigation. Sounds unlikely so just apply and see what happens.

yes，my last seizure is on May, 2013. So all my needs for daily life now are：

• Medicines (low dose, Lamotrigine),
• Semiannual or biannual electroencephalogram examination: follow-up/update treatment plan if necessary.

 

[JaimeC]

Hi HeydenMa

Could you update us about your application status. Did they accept your application ??
I am also epileptic and I'm considering apply to migrate to canada.

Thanks.

 

[Calinda]

Hello all,

I am from China, recently facing the medical exam as spouse (EE- SKILLED WORKER), but considering I am an epileptic and IRCC has requirements for the medical examination. Therefore, I have some questions and would like to consult, hoping to get help and explanation.

I understand that the IRCC has relaxed the requirements for medical exam many times. However, for some patients with chronic diseases, especially applicants who may cause serious burden to Canada's public health care system, strict examination and evaluation will be conducted.

First of all, please allow me to introduce my illness.

• YOB：1988;
• Confirmed Chronic Disease: (Mild) Epilepsy, from my childhood;
• Treatment: Single drug therapy;
• Drug Information: Lamotrigine, GSK(GlaxoSmithKline);
• Dosage: 150mg/day;
• Last Seizure: 05/2013;
• Current Situation: very stable. And always working in China.

Therefore, I think lamotrigine is a very suitable drug for me, and the single-drug treatment scheme has achieved remarkable results so far.

For the medical burden, it is mainly about Lamotrigine. The price of the drug in China is about 3500-4500 RMB/year (700-900 CAD/year), but the cost is 100% paid by government medical insurance.

In view of the fact that there is no clear official explanation, do you have any cases that can be referred to? I visited some forums and IRCC's website about 'Medical refusals and inadmissibility', and searched the keyword' Epilepsy', and found that there was no specific denial instructions for epilepsy.

I am very nervous and anxious now, and I have been struggling with whether to disclose my illness during the medical examination. But so far, I still prefer to answer ‘yes’ when asked if I have any neurological diseases. But what worries me more is that this ‘yes' will result in my family's PR application being rejected.

 

[Calinda]

what happen to you??? did you got approved? ?? did they asked extra examination??? I just did my medical I have the same problem, I declared my illness but still I am too worried. can you please let me know what happen??? wish you well