Can I drop my inadmissible dependent due to HIV?

[canada4gud]

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.

 

[sharedknowledge]

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.

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...

 

[NWAGOD]

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.

It's really a pity that u are in this situation. But I do not think there is much they can do for you. They won't use new rules to judge old applications as per age of dependents except u start the whole process afresh.
Secondly, there is nothing like compassionate grounds here. Nobody gives you visa on compassionate grounds except u are a refugee. As for abandoning your son, I think he is of age to opt out but is this really what you want? To separate ur family?

 

[canada4gud]

It's really a pity that u are in this situation. But I do not think there is much they can do for you. They won't use new rules to judge old applications as per age of dependents except u start the whole process afresh.
Secondly, there is nothing like compassionate grounds here. Nobody gives you visa on compassionate grounds except u are a refugee. As for abandoning your son, I think he is of age to opt out but is this really what you want? To separate ur family?

These are just a few considerations that I have in mind, actually I am in the process of gathering information on what treatment can be available for him so as not to be assessed as an excessive demand on health inst. Perhaps if anyone can provide information on the generic drugs available in Alberta province for HIV treatment will be of great help.

And to the other commentor, please take note that my son is not sick. He is currently on Anti retro-viral treatment and is doing good as like any other healthy people, gone are the days that HIV is a life sentence, with the introduction of highly innovated medicines, life for these people has improved a lot. And instead of insulting your co member with your judgemental comments, why not try to reach out and help instead.

Good day to everyone.

 

[sharedknowledge]

These are just a few considerations that I have in mind, actually I am in the process of gathering information on what treatment can be available for him so as not to be assessed as an excessive demand on health inst. Perhaps if anyone can provide information on the generic drugs available in Alberta province for HIV treatment will be of great help.

And to the other commentor, please take note that my son is not sick. He is currently on Anti retro-viral treatment and is doing good as like any other healthy people, gone are the days that HIV is a life sentence, with the introduction of highly innovated medicines, life for these people has improved a lot. And instead of insulting your co member with your judgemental comments, why not try to reach out and help instead.

Good day to everyone.

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.

 

[Suryak86]

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.

I dont really understand why you would call his goal of immigration a SHORT GOAL. I for one and firmly on the side of the OP here. If his son is 25 and is willing to live and take care of himself and has the means to do so, I think it is none of any of our business to judge who the "angel like" person in this context is. The father also has other kids and their dreams and aspirations to think about. Just because one son has a "Condition" that makes him inadmissable, does not mean the entire family has to abandon their dream. I am firmly in support of the father thinking of dropping his son from the process

Now as far as the solution is concerned, your son CAN in theory drop himself from the application , and you can send an amended family form stating that your son would not like / is no longer interested in immigrating to Canada. Your son can write a letter to CIC and you can attach it with the amended family history form stating him as a non dependent relative. That should in theory still make you all admissable on medical grounds.

Canada4gud, no matter what anybody says, you should make sure your family does not abandon this dream. This dream can also mean that your son can may be have extra income from Canada to take care of his expensive medications. IF YOUR SON WANTS TO BE LEFT BEHIND, LEAVE HIM BEHIND AND TAKE CARE OF HIM FROM CANADA.

 

[canadamylove]

sorry to hear about it.......if u don't mind could u please share some more info on how your dear son got infected with this deadly disease so that if there is something to worry for, we could take precautions. please don't mind about my this question, it may seem stupid to ask about it, but really my intentions are not to hurt u or hurt ur feelings, just for sake of knowledge and information. if u don't feel ok with it then u have all rights to ignore my query.

thanks.

 

[SonOfOdin]

Here u go:

http://www.plannedparenthood.org/health-info/stds-hiv-safer-sex/hiv-aids

U ll get all the KNOWLEDGE and INFORMATION if u surf... stop being a jerk and dont pretend that it is ok to be insensitive.

sorry to hear about it.......if u don't mind could u please share some more info on how your dear son got infected with this deadly disease so that if there is something to worry for, we could take precautions. please don't mind about my this question, it may seem stupid to ask about it, but really my intentions are not to hurt u or hurt ur feelings, just for sake of knowledge and information. if u don't feel ok with it then u have all rights to ignore my query.

thanks.

 

[Dotsngr]

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.

Hmmm, first and foremost. I sincerely express my sympathies over this 'tiny' dilemma. I call it tiny because I believe it can be surmounted no matter how herculean it looks.

That said, I totally agree with you that allowing your son to write CIC in order to save every other family member can be explored.

However, you need to move with expertise advice. Pls urgently contact computergeek on this forum to assist you because I think you need the services of a lawyer to handle this further. Pls never give up on your dream.

Also pls check out this thread:-

http://www.canadavisa.com/canada-immigration-discussion-board/need-urgent-helpcan-hiv-positive-person-get-pr-t124057.90.html

 

[Dotsngr]

I dont really understand why you would call his goal of immigration a SHORT GOAL. I for one and firmly on the side of the OP here. If his son is 25 and is willing to live and take care of himself and has the means to do so, I think it is none of any of our business to judge who the "angel like" person in this context is. The father also has other kids and their dreams and aspirations to think about. Just because one son has a "Condition" that makes him inadmissable, does not mean the entire family has to abandon their dream. I am firmly in support of the father thinking of dropping his son from the process

Now as far as the solution is concerned, your son CAN in theory drop himself from the application , and you can send an amended family form stating that your son would not like / is no longer interested in immigrating to Canada. Your son can write a letter to CIC and you can attach it with the amended family history form stating him as a non dependent relative. That should in theory still make you all admissable on medical grounds.

Canada4gud, no matter what anybody says, you should make sure your family does not abandon this dream. This dream can also mean that your son can may be have extra income from Canada to take care of his expensive medications. IF YOUR SON WANTS TO BE LEFT BEHIND, LEAVE HIM BEHIND AND TAKE CARE OF HIM FROM CANADA.

Totally agree with you on this. The son in question is not a child but a full grown 25 year old adult capable of taking his own decision. If he decides to opt out in order to save other family members, why lampoon or denigrate his decision?

 

[desertfox]

I am so sorry to learn about your situation.

Only a senior forum member can give you proper advice.

Check the member link below and sort by position (contact/pm the champion or vip members)

http://www.canadavisa.com/canada-immigration-discussion-board/index.php?action=mlist

 

[Carmageddon]

Your situation is special, I would not hold high hopes "seniors" in this forum would know the best course of action.

When you fight medical inadmissibility, it is most likely good idea to involve an experienced Canadian lawyer now, to help craft the appeal, explaining how you would mitigate the costs for treating your son with whats available currently.
Likewise, I would suggest to consult with a knowledgeable immigration lawyer, about the process of dropping your son off the immigration application.

He is right that the rest should not suffer because of it, and there are other avenues to invite family members later on (eg: in Manitoba for example), and perhaps with time, HIV treatment becomes cheaper and more common.


Good luck!

 

[canada4gud]

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..

 

[drsdps]

Cheers to you !!
I must say that you are really a strong lady and took the right decision.

Its easy for people to preach.

Iam sure your son with all the treatment will be fine more over he's a grown up individual now. Its the mindset about HIV what one needs to break.

I pray to almighty to give you and your son the strength to pass this phase of life!!

All the best. Your post is very touching.

 

[future_canadian]

It's really a pity that u are in this situation. But I do not think there is much they can do for you. They won't use new rules to judge old applications as per age of dependents except u start the whole process afresh.
Secondly, there is nothing like compassionate grounds here. Nobody gives you visa on compassionate grounds except u are a refugee. As for abandoning your son, I think he is of age to opt out but is this really what you want? To separate ur family?

This is not necessarily true. It is possible to change a dependant from accompanying to non-accompanying.

OP, you should discuss your options with a qualified immigration lawyer.