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

[juhanjuhanjuhan]

Hi, I'm new to this forum and my english is bad so please bare with me.

I am from the philippines and my mom is working in canada. We plan to apply for PR via family sponsorship (I have 5 sibblings).

My first question is I am 22 years old, turning 23 on november 5 this year. Am I still considered a dependent child? By the way, I work full time and I am a part time student but everything is paid by my mom including my basic needs.

My second question is, I might be HIV positive and according to the website if I am a dependent I will be exempted from medical inadmissability. Will I be considered dependent still if I am turning 23 this year?

What are my options for me to get PR in canada if I am HIV positive?

I would appreciate a response as soon as possible. Thanks

 

[canuck_in_uk]

Hi

Dependents are 18 and under. You are not a dependent and cannot be included in your mother's application.

You will need to qualify independently if you want to immigrate to Canada. It's possible that being HIV+ may prevent your immigration, if CIC decides that you would exceed the excessive demand threshold (i.e. cost Canada's healthcare too much).

 

[juhanjuhanjuhan]

Hi .. 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.. Now we are on our final process of visa application and that is the medical test .. If ever I get positive to hiv and is declared medically inadmissable for PR, will my sibblings application be denied aswell?

 

[MilesAway]

What class did she apply under?

Depending on the class, then yes, if one person is medically inadmissible, then all family members are as well.

 

[juhanjuhanjuhan]

It is a family class application so I guess the answer is yes .. Can she drop me from the application and will apply later on once their all approved .. I'm really afraid that the test would be positive .. There's a great possibility because my BF is positive and we was exposed to the virus

 

[MilesAway]

What do you mean by family class? Is your mom already a PR? Also, if you have lived with your boyfriend for a year, then you are considered common-law and no longer a dependent.

 

[juhanjuhanjuhan]

It is a family class under live in caregiver .. My mom already applied but her PR will be approved after our medical records are submitted

 

[MilesAway]

Live in caregiver is not family class. They are different categories. She is including you in her application.
If you are positive, then I suspect that everyone will be excluded. If one person is medically inadmissible, then everyone is. You cannot choose to remove the person, and then sponsor them again later.

 

[juhanjuhanjuhan]

Will my mom's PR be affected? And can she drop me from the application,not submit the.medical results and tell them i choose to work here in the philippines?

 

[MilesAway]

Yes, if one person is inadmissible, then everyone is. As I said earlier, you cannot be removed from the application and added later. The rule is there for a reason.

 

[juhanjuhanjuhan]

Hi thanks for the immediate response.. Is my mom affected ? Will she be deported to philippines? She's been in canada for 8 yrs now

 

[MilesAway]

Taken directly from the CIC site:

What can affect your application
Your application is affected if:

you, your spouse or common-law partner, or any of your family members have a criminal record or a serious medical problem.
you did not provide truthful information about education, training or experience to the visa officer when you first applied under the Live-In Caregiver Program.

There is a very strong likelihood that her PR application would be refused. Unless she can get another work permit, then I would imagine she would have to leave Canada.

There are a few threads on here for people going through the live-in caregiver class, you should join those threads. The process is completely different from family class sponsorship.

 

[juhanjuhanjuhan]

If we are denied can she still resubmit the application? I really feel bad about this, because my whole family will be greatly affected

 

[Suryak86]

Number 1 : You have to conclusively establish the fact IF you are hiv positive. If you have not had a test yet, it will help you find closure. HIV is not a very easy condition to get, so there are chances you are not HIV positive

Number 2: IF you are HIV positive, you are also 23, so in the interest of the application, you can may be drop yourself from the application saying you are a major now and you cannot be included as a dependent. That way, if CIC does reject them, they can file an appeal on the basis that you will not accompany them

Some things to think about

 

[shesosilly]

Might be none of my business, but please get tested. This condition comes before everything. For you own peace of mind and for your health. Every other issue can follow.