HIV MEDICAL INADMISSIBILITY

[sergeimx74]

thanks for the info.

 

[Dula]

Hi all,
My wife is found to be an HIV positive. She was a victim of sexual assault. In 2008, I applied for Federal skilled labour and they rejected our application based on excessive demand (I didn't know much about your page at that time, and it is very informative by the way). We applied as a refuge and also rejected again based on the medical for sure. Now we are applying as humanitarian and compassionate ground. I thought they exempt us from the excessive demand, how wrong I am they sent us again, "fairness letter" to respond to how we can pay for the drug which they purposely kept expensive.
My wife is healthy and working though not full time as we have two little kids.\
I am also working full time.
I need someone to help me here. Because this time, I don't want to give up without a fight and I am ready for anything as far as going public.

 

[computergeek]

Hi all,
My wife is found to be an HIV positive. She was a victim of sexual assault. In 2008, I applied for Federal skilled labour and they rejected our application based on excessive demand (I didn't know much about your page at that time, and it is very informative by the way). We applied as a refuge and also rejected again based on the medical for sure. Now we are applying as humanitarian and compassionate ground. I thought they exempt us from the excessive demand, how wrong I am they sent us again, "fairness letter" to respond to how we can pay for the drug which they purposely kept expensive.
My wife is healthy and working though not full time as we have two little kids.\
I am also working full time.
I need someone to help me here. Because this time, I don't want to give up without a fight and I am ready for anything as far as going public.

In order to grant H&C dispensation, they would need to first go through the fairness process, determine that you are inadmissible under A38(c)(3) and THEN consider your request for an H&C exception. You could have also requested a TRP during the initial FSW application fairness process and it would have had the same effect, though your case is stronger now that you've been in Canada for such a very long time.

Was the sexual assault here in Canada?

There are a couple of attorneys that specialize in excessive demand medical inadmissibility cases. I will suggest one or two in a PM to you.

Good luck!

 

[computergeek]

Please you can now send your reply, I have cleared my mailbox.

Once again you've sent me a PM and I've written a detailed response, but because your mailbox is full, it failed to go through.

 

[mickyspike]

Hello everyone,

I am HIV+ and I am currently on medication (Lamivudine, Zidovudine, Nevirapine) and have an undetectable VL. I ordered my GCMS notes and realised that I have been assigned a medical code of M5. I checked the Ontario Formulary and discovered that the total cost of that specific regimen is around CAD 2700 appox.

I have since sent a cost analysis detailing the daily, monthly and yearly cost of that specific therapy to the Medical/Immigration Officer at the local VO. I first sent a CSE and followed it up with a hard copy.

I pointed out the error to them and listed all the references for their own review and confirmation and requested that the correct medical code be alloted.

Do you guys have any idea what might happen next?

I also need the contacts of some very good lawyers because I am willing to fight this to the very end.

Thank you.

Mike.

 

[computergeek]

Hello everyone,

I am HIV+ and I am currently on medication (Lamivudine, Zidovudine, Nevirapine) and have an undetectable VL. I ordered my GCMS notes and realised that I have been assigned a medical code of M5. I checked the Ontario Formulary and discovered that the total cost of that specific regimen is around CAD 2700 appox.

I have since sent a cost analysis detailing the daily, monthly and yearly cost of that specific therapy to the Medical/Immigration Officer at the local VO. I first sent a CSE and followed it up with a hard copy.

I pointed out the error to them and listed all the references for their own review and confirmation and requested that the correct medical code be alloted.

Do you guys have any idea what might happen next?

I also need the contacts of some very good lawyers because I am willing to fight this to the very end.

Thank you.

Mike.

M5 is inappropriate for someone on that treatment combination, as the cost of treatment plus monitoring is substantially below the excessive demand threshold. This suggests the Medical Officer did not do a specific cost analysis (and I've seen that a lot "HIV is expensive to treat so you are excessive demand"). This will continue to become more and more of an issue as various treatment options lose patent status.

http://pr-rdb.hc-sc.gc.ca/pr-rdb/index-eng.jsp (patent register for looking up patent status of drugs in Canada).

 

[Farah611818]

Dear ALL, urgent help needed!!!!!!!!!!!!!!!!

I have been given a fairness letter on medical inadmissibility based on my HIV status. My intended destination is Quebec. Can someone please suggest how to go about responding to this letter or someone should please share a similar experience? Your comments and suggestions are welcome please.

Please see details of letter below:

[color=red]
Dear Mrs....,
This letter concerns your application for permanent residence in Canada. Based on a review of your file, it appears that you or your family member may not meet the requirements for immigration to Canada.

I have determined that the principal applicant, is a person whose health condition might reasonably be expected to cause excessive demand on health services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $5,143.00 per year. Pursuant to subsection 38(1) [and pursuant to section 42 in the case of a family member] of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.

Mrs ..... has the following medical condition or diagnosis: Human Immunodeficiency Virus (HIV)
The following assessment was made by the Medical Officer:
This female applicant was born on ..... She made an application in the Skilled Worker (SW1-QC) category and her province of destination is Quebec. She intends to stay in Canada permanently.

She has been found to have Human Immunodeficiency Virus (HIV) infection, a chronic and currently incurable viral infection, compromising the affected individual`s immune system. HIV infects vital cells in the human immune system such as helper lymphocyte T cells (specifically lymphocyte CD4 T cells) and other cells of the immune system. HIV infection leads to low levels of CD4 T cells thus repeat laboratory tests measuring the CD4 lymphocyte count at regular intervals allow monitoring the progress of the infection and immunity levels of the individual. This also serves as a baseline for making therapeutical decisions as when to start antiretroviral therapy, as principles of the initiation of the therapy has been based on individually monitored CD4 lymphocyte levels and HIV plasma viral load. Although the natural course of the infection is one of clinical deterioration due to profound immune suppression, with modern drug treatment and specifically since the introduction of highly active antiretroviral therapy and prophylaxis against opportunistic pathogens (pathogens infecting a compromised immune system), HIV infection can be viewed as a chronic condition requiring indefinite management and treatment.

The applicant was diagnosed with HIV infection and has been followed-up. Laboratory investigations revealed CD4 lymphocytes count of 532 cells/ mm3 in December 2011. Repeat tests done in March 2012 showed CD4 lymphocytes count of 585 cells/mm3. The laboratory test results were deemed satisfactory thus the applicant did not qualify for active antiretroviral therapy (ARV) to be commenced.

A recent evaluation and report by a Consultant Physician- HIV/AIDS Coordinator from specialist confirmed an asymptomatic HIV infection in the applicant. She presented with no complaints and no health problems. Her general laboratory tests were within normal limits. Plasma HIV viral load was 13000 copies/ ml. CD4 lymphocytes count was of 585 cells/ mm3. Recommendations included:
- Close infectious disease specialist follow up
- Repeat laboratory CD4 lymphocyte count every 6 month (if CD4 count levels stable)
- Repeat laboratory CD4 lymphocyte count every 1 month (if decline in CD4 count levels noted)
- Follow-up by Community Relay Agents for psychological and emotional support

In conclusion it was stated that the applicant will qualify for the antiretroviral therapy (ARV) to be started once her CD4 lymphocyte count will reach the threshold of 350 cells/ mm3 or will decrease below it. Antiretroviral therapy could be initiated earlier if there will be evidence of any opportunistic infection.

Recent laboratory result of CD4 lymphocyte count was 373/ mm3 (done in September 2012). The comparison showed that levels of CD4 lymphocytes dropped from 585 cells/ mm3 in March 2012 to 373 cells/ mm3 in September 2012. It is clear that the applicant's condition will continue and it is likely that her immunity levels will deteriorate which will show in her decreasing CD4 lymphocytes counts. It is reasonable to expect that although in good general condition and asymptomatic, the applicant will require the antiretroviral therapy to be initiated at some stage in the near future, when her CD4 lymphocytes levels reach the threshold of 350 cells/ mm3 or when opportunistic infections develop. Once on antiretroviral therapy (ARV) the applicant will require to continue the antiretroviral therapy indefinitely.

If admitted to Canada she will require review and monitoring by medical personnel experienced in dealing with patients infected with HIV. She will also likely continue to require costly antiretroviral drugs provided at public expense.

Based upon a review of the results of this client's immigration medical examination and all reports received with respect to this individual's health condition, I conclude that this client has a health condition (HIV infection) that might reasonably be expected to cause excessive demand on Canadian health services.

Specifically, this client's health condition ( HIV infection) might reasonably be expected to require services (regular specialist review and follow- up, medical treatment in a form of highly active antiretroviral therapy) the costs of which would likely exceed the average Canadian per capita costs over five consecutive years immediately following her immigration medical examination.

In view of the above mentioned health related service requirements, admission of this client will likely create an excessive demand on Canadian health services making her inadmissible under Section 38(1) (c) of the Immigration and Refugee Protection Act.

Before I make a final decision, you have the opportunity to submit additional information that addresses any or all of the following:
• The medical condition(s) identified
• Health services required in Canada for the period indicated above
• Your individualized plan to ensure that no excessive demand will be imposed on Canadian health services for the entire period indicated above and your signed Declaration of Ability and Intent.

[/color].

please advise

Could you please tell me, have you received this mail after your passport was submitted or before?

 

[cupcake_sugar]

Dear ALL, urgent help needed!!!!!!!!!!!!!!!!

I have been given a fairness letter on medical inadmissibility based on my HIV status. My intended destination is Quebec. Can someone please suggest how to go about responding to this letter or someone should please share a similar experience? Your comments and suggestions are welcome please.

Please see details of letter below:

[color=red]
Dear Mrs....,
This letter concerns your application for permanent residence in Canada. Based on a review of your file, it appears that you or your family member may not meet the requirements for immigration to Canada.

I have determined that the principal applicant, is a person whose health condition might reasonably be expected to cause excessive demand on health services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $5,143.00 per year. Pursuant to subsection 38(1) [and pursuant to section 42 in the case of a family member] of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.

Mrs ..... has the following medical condition or diagnosis: Human Immunodeficiency Virus (HIV)
The following assessment was made by the Medical Officer:
This female applicant was born on ..... She made an application in the Skilled Worker (SW1-QC) category and her province of destination is Quebec. She intends to stay in Canada permanently.

She has been found to have Human Immunodeficiency Virus (HIV) infection, a chronic and currently incurable viral infection, compromising the affected individual`s immune system. HIV infects vital cells in the human immune system such as helper lymphocyte T cells (specifically lymphocyte CD4 T cells) and other cells of the immune system. HIV infection leads to low levels of CD4 T cells thus repeat laboratory tests measuring the CD4 lymphocyte count at regular intervals allow monitoring the progress of the infection and immunity levels of the individual. This also serves as a baseline for making therapeutical decisions as when to start antiretroviral therapy, as principles of the initiation of the therapy has been based on individually monitored CD4 lymphocyte levels and HIV plasma viral load. Although the natural course of the infection is one of clinical deterioration due to profound immune suppression, with modern drug treatment and specifically since the introduction of highly active antiretroviral therapy and prophylaxis against opportunistic pathogens (pathogens infecting a compromised immune system), HIV infection can be viewed as a chronic condition requiring indefinite management and treatment.

The applicant was diagnosed with HIV infection and has been followed-up. Laboratory investigations revealed CD4 lymphocytes count of 532 cells/ mm3 in December 2011. Repeat tests done in March 2012 showed CD4 lymphocytes count of 585 cells/mm3. The laboratory test results were deemed satisfactory thus the applicant did not qualify for active antiretroviral therapy (ARV) to be commenced.

A recent evaluation and report by a Consultant Physician- HIV/AIDS Coordinator from specialist confirmed an asymptomatic HIV infection in the applicant. She presented with no complaints and no health problems. Her general laboratory tests were within normal limits. Plasma HIV viral load was 13000 copies/ ml. CD4 lymphocytes count was of 585 cells/ mm3. Recommendations included:
- Close infectious disease specialist follow up
- Repeat laboratory CD4 lymphocyte count every 6 month (if CD4 count levels stable)
- Repeat laboratory CD4 lymphocyte count every 1 month (if decline in CD4 count levels noted)
- Follow-up by Community Relay Agents for psychological and emotional support

In conclusion it was stated that the applicant will qualify for the antiretroviral therapy (ARV) to be started once her CD4 lymphocyte count will reach the threshold of 350 cells/ mm3 or will decrease below it. Antiretroviral therapy could be initiated earlier if there will be evidence of any opportunistic infection.

Recent laboratory result of CD4 lymphocyte count was 373/ mm3 (done in September 2012). The comparison showed that levels of CD4 lymphocytes dropped from 585 cells/ mm3 in March 2012 to 373 cells/ mm3 in September 2012. It is clear that the applicant's condition will continue and it is likely that her immunity levels will deteriorate which will show in her decreasing CD4 lymphocytes counts. It is reasonable to expect that although in good general condition and asymptomatic, the applicant will require the antiretroviral therapy to be initiated at some stage in the near future, when her CD4 lymphocytes levels reach the threshold of 350 cells/ mm3 or when opportunistic infections develop. Once on antiretroviral therapy (ARV) the applicant will require to continue the antiretroviral therapy indefinitely.

If admitted to Canada she will require review and monitoring by medical personnel experienced in dealing with patients infected with HIV. She will also likely continue to require costly antiretroviral drugs provided at public expense.

Based upon a review of the results of this client's immigration medical examination and all reports received with respect to this individual's health condition, I conclude that this client has a health condition (HIV infection) that might reasonably be expected to cause excessive demand on Canadian health services.

Specifically, this client's health condition ( HIV infection) might reasonably be expected to require services (regular specialist review and follow- up, medical treatment in a form of highly active antiretroviral therapy) the costs of which would likely exceed the average Canadian per capita costs over five consecutive years immediately following her immigration medical examination.

In view of the above mentioned health related service requirements, admission of this client will likely create an excessive demand on Canadian health services making her inadmissible under Section 38(1) (c) of the Immigration and Refugee Protection Act.

Before I make a final decision, you have the opportunity to submit additional information that addresses any or all of the following:
• The medical condition(s) identified
• Health services required in Canada for the period indicated above
• Your individualized plan to ensure that no excessive demand will be imposed on Canadian health services for the entire period indicated above and your signed Declaration of Ability and Intent.

[/color].

please advise

hey , are you already a permanent resident? what kind of document you submitted to them?

 

[bernardo-guima]

Hello guys.

I was approved to take my PhD in Toronto. I started my Study Permit application on September 29th and I performed my exams on October 26th, which were submitted to the IRCC on November 1st. Being HIV+, I provided some documents indicating that the public health system of my country will provide me all the medications I need during my stay in Canada. Besides, a letter of my doctor stating that I am in good health conditions was also included.
Nevertheless, since the submission of the medical results, no change happened on Mycic account, and on Monday, November 20th (1 month after they sent the medical request), my status changed to "We did not receive the results of your required medical exam. Check your medical exam request message below for details". I called the panel physician and he send me all the proofs that the medical results were submitted.

Has anyone faced the same situation?

What are my chances to get the study permit, after having proved that I will not be an excessive demand to Canada?

Moreover, how long does it take for them to analyze my situation? (I need to get to Toronto by January 1st 2017, i.e., in 37 days).

Thank you, guys!

 

[scylla]

Hello guys.

I was approved to take my PhD in Toronto. I started my Study Permit application on September 29th and I performed my exams on October 26th, which were submitted to the IRCC on November 1st. Being HIV+, I provided some documents indicating that the public health system of my country will provide me all the medications I need during my stay in Canada. Besides, a letter of my doctor stating that I am in good health conditions was also included.
Nevertheless, since the submission of the medical results, no change happened on Mycic account, and on Monday, November 20th (1 month after they sent the medical request), my status changed to "We did not receive the results of your required medical exam. Check your medical exam request message below for details". I called the panel physician and he send me all the proofs that the medical results were submitted.

Has anyone faced the same situation?

What are my chances to get the study permit, after having proved that I will not be an excessive demand to Canada?

Moreover, how long does it take for them to analyze my situation? (I need to get to Toronto by January 1st 2017, i.e., in 37 days).

Thank you, guys!

It's really hard to comment since cases are so individual. Generally speaking, to prove you will not be an excessive demand, you want to show that the treatment you are currently receiving would be lower than $6,500 per year if received in Canada. It's not so much about proving you have other places to obtain the medication - as much as it's proving the treatment you require doesn't exceed this amount.

It's possible they may make a decision in your application in time for you to start classes in January. Also possible they won't and you'll have to defer your studies to the next semester. Even straight forward cases can take several months to process.

Again, very hard to say. Good luck.

 

[ravi_singh]

Hello guys.

I was approved to take my PhD in Toronto. I started my Study Permit application on September 29th and I performed my exams on October 26th, which were submitted to the IRCC on November 1st. Being HIV+, I provided some documents indicating that the public health system of my country will provide me all the medications I need during my stay in Canada. Besides, a letter of my doctor stating that I am in good health conditions was also included.
Nevertheless, since the submission of the medical results, no change happened on Mycic account, and on Monday, November 20th (1 month after they sent the medical request), my status changed to "We did not receive the results of your required medical exam. Check your medical exam request message below for details". I called the panel physician and he send me all the proofs that the medical results were submitted.

Has anyone faced the same situation?

What are my chances to get the study permit, after having proved that I will not be an excessive demand to Canada?

Moreover, how long does it take for them to analyze my situation? (I need to get to Toronto by January 1st 2017, i.e., in 37 days).

Thank you, guys!

hello there! I followed your reply here on this question. Could you tell what happened with your application? did you get any approval?
warm regards