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Can I drop my inadmissible dependent due to HIV?

future_canadian

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May 10, 2014
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sharedknowledge said:
What a stark contrast! The father is willing to abandon his sick son for a worldly benefit, while the same son is willing to sacrifice for his siblings!!
Can we ask you on "humanitarian & compassionate ground" that you drop your idea of immigration for the sake of your sick son and for the heaven's sake?

Please help us...
It's none of your damn business to criticize the decisions they make for their family. They will figure out for themselves how best to manage.
 

future_canadian

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May 10, 2014
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sharedknowledge said:
Sorry, but you sound to me like you would rather abandon your angel-like son (who is so great that he is willing to sacrifice for his family just opposite to your attitude) in favor of your short goal of immigration. If that is the case, then I'm afraid your conscious will always haunt you your whole life. Actually, now you must love him even more and be ashamed of your thinking.

I would rather write to the CIC that you will cover the extra cost for his treatment. If they agree, then at least you will never regret that you committed inhuman act towards anyone. And, if they don't, then please do not repent your decision to stay back. You would be rewarded something better.

Of course, the decision is yours. And, sorry if I sounded harsh.
Promising to cover the extra cost will not help. Once you live in Canada, you are entitled to medical treatment and the promise to pay by yourself is unenforceable. You CAN overcome a finding of medical inadmissibility and there is a lot of good advice on this forum for doing so, but promising to pay isn't the way to do it.
 

warsapp

Star Member
Dec 19, 2014
170
18
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Warsaw
NOC Code......
4011
sharedknowledge said:
What a stark contrast! The father is willing to abandon his sick son for a worldly benefit, while the same son is willing to sacrifice for his siblings!!
Can we ask you on "humanitarian & compassionate ground" that you drop your idea of immigration for the sake of your sick son and for the heaven's sake?

Please help us...
First of all, it is not our business it's their personal decision.
Secondly, he is droping his son from dependant list not from his life.
Finally, his son is 25 years old and mature person.

P.S. "Judge not lest ye be judged"
 

future_canadian

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May 10, 2014
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warsapp said:
First of all, it is not our business it's their personal decision.
Secondly, he is droping his son from dependant list not from his life.
Finally, his son is 25 years old and mature person.

P.S. "Judge not lest ye be judged"
A hearty +1 to you
 

dr.rohit

Hero Member
Jul 1, 2014
450
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41
TORONTO
Category........
FSW
Visa Office......
COLOMBO
NOC Code......
3112
App. Filed.......
22.12.2014
Nomination.....
CC Charged on 18.02.2015 PER On 17.04.2015
AOR Received.
18.05.2015
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28.04.2015
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03.09.2015
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23.09.2015 Decision Made: 10.10.2015
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canada4gud said:
I am deeply grateful to all my forum mates out there who understood my plight. Yes, the thought of leaving my son behind
with his condition, is like a knife cutting my heart into a million pieces. As a mother, there is no easy way of doing this. But as I have said I still have 3 small children to think about, i wanted them to have the opportunity to live in a beautiful & peaceful place. This has been my long time wish for them, here in our country, crime has become very rampant, while two of my children had horrible experience themselves. Since then, everytime they get out of the house, I could not help but worry, I could not concentrate on my work, that is when I decided to make a move to migrate while this unfortunate thing happened.

I never blamed my son for what has happened, instead when we were handed the confirmatory result on his condition, me & my husband embraced him and assured him that everything will be alright, and that we will all stay if he will not be allowed to come to Canada. While trying to hold his tears, he told me " Mom.. do this for me please, I am old enough to care of myself, I would feel more miserable to see my siblings not realizing their dream, I just cannot take that, I may not come with you guys for now, but I assure everyone that I will in the near future, please hold on to that promise. So here I am now, moving forward, while keeping his promise close to my heart..
I SALUTE YOU.......
 

gentleiphy

Hero Member
May 18, 2014
456
19
Category........
FSW
Visa Office......
Accra
NOC Code......
1212
App. Filed.......
27-08-2014
Doc's Request.
None
Nomination.....
PER 14-01-2015
IELTS Request
sent with application
File Transfer...
14-01-2015
Med's Request
26-06-2015
Med's Done....
30-06-2015..SLU 21-07-15(Medical result received)
Interview........
Waived
Passport Req..
12-08-2015
VISA ISSUED...
28-08-2015
LANDED..........
06-11-2015
canada4gud said:
To all fellow forum member

Kindly share your knowledge, I am the principal applicant unfortunately, during our final stage of medical my son was was tested positive for HIV, can I opt to drop him as my dependent? He was only 20 y/o when I lodged my application in 2010 that time 22 y/o and below is considered dependent. In the recent amendment, CIC lowered the same to 19 y/o, can I cite the new rule to be able to drop him as my dependent? as he is now 25 years old and is already working and living on his own.

In these regard, Can I apply for humanitarian & compassionate ground that my other children be allowed to immigrate, as this has been their long time dream, my son is willing to be left behind as he do not want his other siblings to suffer his misfortune.

Please help anyone.
So sorry to hear of your sons medical issue...sickness or ill health is not what we chose by ourselves,most at times its an unfortunate thing to arise...however i dont think there is any language as humanitarian and compassionate ground when it comes to countries issuing Visa either for visit,study or permanent residence.His condition wont affect the totality of your application since he is not the principal applicant meaning yes ofcourse your can willingly drop him from the application if that is what you think best for you.And again since he now works and lives by himself...go ahead with your plans and challenge yourself to give him all the support you can from where you are heading to bearing in mind he made a great sacrifice for you and his siblings...never abandon him to carry his own cross in terms of medical support and moral encouragement.People like him need family love more than to keep living.Wish you all the best Sis.
 

gentleiphy

Hero Member
May 18, 2014
456
19
Category........
FSW
Visa Office......
Accra
NOC Code......
1212
App. Filed.......
27-08-2014
Doc's Request.
None
Nomination.....
PER 14-01-2015
IELTS Request
sent with application
File Transfer...
14-01-2015
Med's Request
26-06-2015
Med's Done....
30-06-2015..SLU 21-07-15(Medical result received)
Interview........
Waived
Passport Req..
12-08-2015
VISA ISSUED...
28-08-2015
LANDED..........
06-11-2015
sharedknowledge said:
What a stark contrast! The father is willing to abandon his sick son for a worldly benefit, while the same son is willing to sacrifice for his siblings!!
Can we ask you on "humanitarian & compassionate ground" that you drop your idea of immigration for the sake of your sick son and for the heaven's sake?

Please help us...
Please we should mind the way we respond to peoples issues here...we all came into this forum to learn,advise and encourage each other in achieving our set out goals...we all met here and have never been brothers or sisters but we are united here as a family looking out for each other...harsh response hurt the feelings of whoever have asked questions for solutions..and we are not God to judge someone's decision..one bad response can kill the heart more than the stab of a knife.Please lets always show love and feel concerned about our mates here.It is well.
 

warsapp

Star Member
Dec 19, 2014
170
18
Visa Office......
Warsaw
NOC Code......
4011
canada4gud said:
To all fellow forum member

Kindly share your knowledge, I am the principal applicant unfortunately, during our final stage of medical my son was was tested positive for HIV, can I opt to drop him as my dependent? He was only 20 y/o when I lodged my application in 2010 that time 22 y/o and below is considered dependent. In the recent amendment, CIC lowered the same to 19 y/o, can I cite the new rule to be able to drop him as my dependent? as he is now 25 years old and is already working and living on his own.

In these regard, Can I apply for humanitarian & compassionate ground that my other children be allowed to immigrate, as this has been their long time dream, my son is willing to be left behind as he do not want his other siblings to suffer his misfortune.

Please help anyone.
Dear canada4gud,
Can you share us with more details or PM me more details regarding your application status. Was HIV diagnosed when you passed medicals for VO or it has been diagnosed earlier and you haven't passed medicals yet?
If you haven't passed medicals you may send a letter of explanation that your son want to live in his native country due to number of reasons
-change in maritial status
-study and work
-etc.
and 4 years have been passed since you applied and they should understand that one of your mature family member decided not to accompany you to Canada.
If you have passed medicals still you can give one of the up-mentioned reasons or find a NGO which will cover his treatment expenses in Canada or insurance or simply explain the situation.
Its just my thoughts.
I also suggest to discuss it with lawyer if I am not mistaken it is not that expensive to speak with lawyer 1 hour or so via phone conversation.
I wish you the best and let God help your Canadian dream to come true.
 

canada4gud

Full Member
Apr 23, 2014
26
9
warsapp said:
Dear canada4gud,
Can you share us with more details or PM me more details regarding your application status. Was HIV diagnosed when you passed medicals for VO or it has been diagnosed earlier and you haven't passed medicals yet?
If you haven't passed medicals you may send a letter of explanation that your son want to live in his native country due to number of reasons
-change in maritial status
-study and work
-etc.
and 4 years have been passed since you applied and they should understand that one of your mature family member decided not to accompany you to Canada.
If you have passed medicals still you can give one of the up-mentioned reasons or find a NGO which will cover his treatment expenses in Canada or insurance or simply explain the situation.
Its just my thoughts.
I also suggest to discuss it with lawyer if I am not mistaken it is not that expensive to speak with lawyer 1 hour or so via phone conversation.

I wish you the best and let God help your Canadian dream to come true.
Dear warsap

Thank you for your concern, unfortunately we only found out his condition upon our re-medical in Dec 2014 and all our medical findings are forwarded to CIC.

To all my dear forum mates, just to update all of you, I am speaking to Michael Battista and planning our best arguments whether we can overcome the "Excessive Demand" by utilizing Generic drugs available in the province of Alberta, if not we will be left with no other choice but to drop my dear son on our application. We can do this for now and will be thinking of other avenues where he can come with us in the future.

I am asking everyone of you to join my family in praying for the success of our battle. Thank you very much.
 

Kayb

Hero Member
May 25, 2012
421
15
Canada
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Submit with application
A friend suggest that:

Another level of medical examination will be conducted on her son and the level of HIV/AIDS will be looked into for some periods and see if it can be reduced to an acceptable manageable level that will not create medical and financial burden on the health and social welfare of Canadian govt.

If this level of infectious rate doesn't fall to an acceptable level,she can then push for her son's withdrawal by raising CSE with a proof that future plan of bringing her son will not happen.
 

salem10

Hero Member
Jul 6, 2010
438
75
Ontario, since 2006
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Buffalo
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0711/4131/4121
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Yes
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10-05-2010
Doc's Request.
Nov 02, 2010
AOR Received.
May 19, 2011 from buffalo
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submitted writtin sample (accepted)
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April 14, 2012
Med's Done....
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Waiting
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Waiting
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Hi all, I have similar story. I applied under FSW program back in 2010. After long waiting, I did medical in May 2012, in Oct. 2012 asked for furtherance medical form my daughter (Cognitive assessment).
In August 2013 they sent me fairness letter Under 38-c, excess medical demand.
I replied in Oct. 2013. No answer for more than a year. Surprisingly, after all of this, CIC sent me email last Jan., they said due to a misprint in our first fairness letter, please ignore it and this is our correct fairness letter. The mistake was in the upper limit of the cost/year. In the first letter they said it is "about 30000/year) which it should say 30000 for five years or approximately 6345/year.

After few days from this letter, I saw the third line of "Medical results has been received."
I am not sure, if I passed medical or not. If passed, I donot need to write new response. The response needs a lot of work and money.

Apart from this long process, in 2012 I became a protected Person in Canada. I sent a new application for PR, but the time line is so long. I am very frustrated of this long waiting and I need my PR statues as as possible to find a good permanent work.

So, my question is can I drop my daughter from my first PR application (FSW). She is a protected person here in Canada and can stay together. The benefit for me is to get my PR sooner (at least year saving). She will stay in second application for her PR which has no medical excessive demand requirement.
 

daserock

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Jul 11, 2014
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I salute you my dear.. it touches me

canada4gud said:
I am deeply grateful to all my forum mates out there who understood my plight. Yes, the thought of leaving my son behind
with his condition, is like a knife cutting my heart into a million pieces. As a mother, there is no easy way of doing this. But as I have said I still have 3 small children to think about, i wanted them to have the opportunity to live in a beautiful & peaceful place. This has been my long time wish for them, here in our country, crime has become very rampant, while two of my children had horrible experience themselves. Since then, everytime they get out of the house, I could not help but worry, I could not concentrate on my work, that is when I decided to make a move to migrate while this unfortunate thing happened.

I never blamed my son for what has happened, instead when we were handed the confirmatory result on his condition, me & my husband embraced him and assured him that everything will be alright, and that we will all stay if he will not be allowed to come to Canada. While trying to hold his tears, he told me " Mom.. do this for me please, I am old enough to care of myself, I would feel more miserable to see my siblings not realizing their dream, I just cannot take that, I may not come with you guys for now, but I assure everyone that I will in the near future, please hold on to that promise. So here I am now, moving forward, while keeping his promise close to my heart..
 

Suryak86

Hero Member
Sep 25, 2009
291
12
Category........
Visa Office......
NDVO
Job Offer........
Pre-Assessed..
App. Filed.......
02-05-2014
AOR Received.
14-07-2014
Med's Request
14-07-2014
Med's Done....
14-08-2014 ( Medical Received : 24-08-2014)
Interview........
RPRF : March 30th, 2015
Passport Req..
20-04-2015
VISA ISSUED...
23-04-2015
salem10 said:
Hi all, I have similar story. I applied under FSW program back in 2010. After long waiting, I did medical in May 2012, in Oct. 2012 asked for furtherance medical form my daughter (Cognitive assessment).
In August 2013 they sent me fairness letter Under 38-c, excess medical demand.
I replied in Oct. 2013. No answer for more than a year. Surprisingly, after all of this, CIC sent me email last Jan., they said due to a misprint in our first fairness letter, please ignore it and this is our correct fairness letter. The mistake was in the upper limit of the cost/year. In the first letter they said it is "about 30000/year) which it should say 30000 for five years or approximately 6345/year.

After few days from this letter, I saw the third line of "Medical results has been received."
I am not sure, if I passed medical or not. If passed, I donot need to write new response. The response needs a lot of work and money.

Apart from this long process, in 2012 I became a protected Person in Canada. I sent a new application for PR, but the time line is so long. I am very frustrated of this long waiting and I need my PR statues as as possible to find a good permanent work.

So, my question is can I drop my daughter from my first PR application (FSW). She is a protected person here in Canada and can stay together. The benefit for me is to get my PR sooner (at least year saving). She will stay in second application for her PR which has no medical excessive demand requirement.
This is a tough one because usually CIC only updates "Medical Received " if you have passed the medical. If you have failed your medical and have been judged to be an excessive demand, the "medical received" is usually updated after the "decision made " line. So I am thinking, you are okay but I think you should get your GCMS notes to be sure. The fact that your daughter is a protected person in Canada might have worked in your favor.

Apply for you GCMS notes. They should tell you if you have passed the medical or not.
 

future_canadian

VIP Member
May 10, 2014
5,558
297
Job Offer........
Pre-Assessed..
gentleiphy said:
Please we should mind the way we respond to peoples issues here...we all came into this forum to learn,advise and encourage each other in achieving our set out goals...we all met here and have never been brothers or sisters but we are united here as a family looking out for each other...harsh response hurt the feelings of whoever have asked questions for solutions..and we are not God to judge someone's decision..one bad response can kill the heart more than the stab of a knife.Please lets always show love and feel concerned about our mates here.It is well.
+1
 

future_canadian

VIP Member
May 10, 2014
5,558
297
Job Offer........
Pre-Assessed..
canada4gud said:
Dear warsap

Thank you for your concern, unfortunately we only found out his condition upon our re-medical in Dec 2014 and all our medical findings are forwarded to CIC.

To all my dear forum mates, just to update all of you, I am speaking to Michael Battista and planning our best arguments whether we can overcome the "Excessive Demand" by utilizing Generic drugs available in the province of Alberta, if not we will be left with no other choice but to drop my dear son on our application. We can do this for now and will be thinking of other avenues where he can come with us in the future.

I am asking everyone of you to join my family in praying for the success of our battle. Thank you very much.
+1 and wish you good luck, don't give up!