HIV+ child, mom is applying for PR for her children

[juhanjuhanjuhan]

I already got tested and they told me to go back for confirmatory. I have very small hope though that I would be negative because my BF is hiv positive ..

@suryak86, so you are saying I CAN DROP FROM THE APPLICATION BECAUSE IM NOW AN ADULT? .. im a bit confused because they said I cannot drop from the application. Can you guys explain it further. I'm really afraid that the fact I'm HIV+ everyone in my family will be refused.

What can we do to drop me from the application before we even submit the medical requirements?

 

[scylla]

Yes - your mother can request that you be removed from the application since you are now an adult. If you are in fact HIV+, it would be best to remove yourself from the application so that the rest of your family can be approved.

 

[juhanjuhanjuhan]

Thank you.. That is most relieving. I will request for my mom to drop my PR application then .. I think it is best to do it.. I'd rather let them get their PR approved even if I will be alone here in the philippines.

Where does she request to get me removed from the PR application?

 

[juhanjuhanjuhan]

Where does she request to get me removed from the PR application?

 

[Suryak86]

First, I am sorry about your diagnosis. I am hoping the confirmatory comes out negative. There are a few things that need to be taken care of here

1) Go through this : http://www.cic.gc.ca/english/department/media/notices/2014-08-01.asp
This says the age of being a dependent is dropped to 19 from 22. So you will never qualify to BE a dependent in the first place

2) Your mother will need to send an amendment form removing you from the application stating that you are older than 19 and you are not eligible and they would not want you on the application

 

[Applechunks]

First, I am sorry about your diagnosis. I am hoping the confirmatory comes out negative. There are a few things that need to be taken care of here

1) Go through this : http://www.cic.gc.ca/english/department/media/notices/2014-08-01.asp
This says the age of being a dependent is dropped to 19 from 22. So you will never qualify to BE a dependent in the first place

2) Your mother will need to send an amendment form removing you from the application stating that you are older than 19 and you are not eligible and they would not want you on the application

1. She states that her mother applied to sponsor her prior to the change in ages, therefore she would still have been eligible. Those who submitted applications prior to the change are "grandfathered".
"Thanks for the immediate reply. i learned that my mom submitted the visa application last year when dependents are still considered to be under 22.."

Her mother can, however send a request through to her VO to have her removed from the application.

 

[juhanjuhanjuhan]

According to my mom, I am still considered a dependent because she submitted the application last year before the rule was changed .. Will I be considered exempt to the medical inadmissibility if my mom continues to submit my application?

 

[Applechunks]

According to my mom, I am still considered a dependent because she submitted the application last year before the rule was changed .. Will I be considered exempt to the medical inadmissibility if my mom continues to submit my application?

You're right, you would still be considered a dependant under the old rules.
As for the medical inadmissibility, you might want to contact a member on here called computergeek. He is a bit of an expert on medical inadmissibility etc.
You can use the search button up the top to track down a user. Just type in the user name.
Hope this helps.

 

[MilesAway]

You are not exempt from the excessive demand clause, so yes, it would cause problems to continue.

 

[juhanjuhanjuhan]

Thanks .. I contacted computergeek and is waiting for him to check the forum..

 

[juhanjuhanjuhan]

According to the website ..

An individual may be medically inadmissible due to a health condition that is likely to be a danger to the public health or safety of Canadians or due to a condition that is likely to cause excessive demand on Canada’s health and/or social services. The excessive demand component is waived in the case of spousal/common-law and child sponsorships

Link is here: http://www.canadavisa.com/immigration-problem-medical-inadmissibility.html

Will I be considered exempt or is it best to consult a lawyer at this time ? .. Thanks

 

[jenny12345]

Why don't you get the confirmation first that you are indeed HIV positive, Also I have a friend who was sponsored by his husband he is hiv positive and still got his PR , according to the statement you posted spouse and children are exempted so you might be ok

 

[juhanjuhanjuhan]

I did took it and currently waiting for the result. Im sorry if I feel so hysterical. I can't help but overthink. Hopefully the confirmatory will be negative.

 

[etienbjel]

Not sure if this helps, but it's a CIC operational bulletin, which provides more info on their health screening methods. I have no idea what costs are associated with HIV+

Under subsection 38(1) of the Immigration and Refugee Protection Act: “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.” Part 1, Division 1 of the Immigration and Refugee Protection Regulations defines “excessive demand” as:


1. (1)(a) a demand on health services or social services for which the anticipated costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the most recent medical examination required under paragraph 16(2)(b) of the Act, unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years; or

(b) a demand on health services or social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of an inability to provide timely services to Canadian citizens or permanent residents.

The threshold figure used was the Canadian Institute for Health Information (CIHI) aggregate that represented average Canadian per capita health expenditure.

In January 2003, HB implemented a modified approach. Having identified that the CIHI figure did not completely cover expenditures for certain social services, a supplementary amount was identified to account for the missing per capita expenditures. Instructions were issued that this new supplementary amount should be added to the aggregate CIHI figure to arrive at the Excessive Demand Cost Threshold.

This updated threshold of $6,285 is usually multiplied by five (unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years). This results in the legislated threshold of $31,425 taking effect as of February 28, 2013.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob504.asp

 

[tink23]

Why don't you get the confirmation first that you are indeed HIV positive, Also I have a friend who was sponsored by his husband he is hiv positive and still got his PR , according to the statement you posted spouse and children are exempted so you might be ok

This is not a family class sponsorship by a parent. This is a case of her mother applying to go from Care Giver program to a PR, and including all the children on as dependents for her (the mother's) PR application. They are not medically high demand exempted like during dependent sponsorship.