HIV POSITIVE - CAN I APPLY FOR PERMANENT RESIDENCY OF CANADA
- Thread starter joy2007
- Start date
So it depends on whether the applicant has full-blown AIDS or is HIV+ and doesn't show any symptoms.joy2007 said:
The medical instructions ask the doctor to determine whether you will develop illness and need significant treatment within the next 10 years. Since there are HIV+ people who have never developed symptoms in 20 years, that leaves the door open to some for immigration.
this is a good question. It depends which category you are applying in. As a spouse in family class all medical things can be waived (of course they will do the tests anyway). So if you are being sponsored by a spouse/common law/conjugal partner, there should be no problem. As a refugee it too will be waived. For all other classes (eg skilled worker) the excessive demand clause does apply.
This is how the government calculates whether you will be an excessive demand as has been explained to me by an immigration lawyer who specializes in hiv cases:
The annual cost per average Canadian in the health care system is about $4000-5000 (i can't remember exactly). To be admissible your estimated costs for the next 7 years would have to fall under this.
So are you inadmissible because you have HIV? Technically the answer is no. But even if you were newly infected, and stayed healthy for the next 10 years, the costs of routine checks would basically guarantee you to go over the annual average of $5000. For example, a cd4 test here costs about $240, viral load test (i can't remember but more than the cd4). Canadian doctors usually check both of these tests 3-4 times a year, plus other blood tests, plus doctors fees, medication. Most Canadians are not aware of how expensive everything is, but everything has its price tag. Moreover, if you are not healthy (eg low cd4), your immigration doctor will calculate the chances of you being hospitalized for an opertunistic infection etc... Also, i have heard that if you already started HAART this would deffinately put you above the annual average.
This goes with every disease... there is no special rules or categories for HIV. If you have diabetes type I you are basically in the same situation. It doesn't matter which country you are applying from. If you were coming from France and you had diabetes you would be inadmissible.
I hope this helps.
This is how the government calculates whether you will be an excessive demand as has been explained to me by an immigration lawyer who specializes in hiv cases:
The annual cost per average Canadian in the health care system is about $4000-5000 (i can't remember exactly). To be admissible your estimated costs for the next 7 years would have to fall under this.
So are you inadmissible because you have HIV? Technically the answer is no. But even if you were newly infected, and stayed healthy for the next 10 years, the costs of routine checks would basically guarantee you to go over the annual average of $5000. For example, a cd4 test here costs about $240, viral load test (i can't remember but more than the cd4). Canadian doctors usually check both of these tests 3-4 times a year, plus other blood tests, plus doctors fees, medication. Most Canadians are not aware of how expensive everything is, but everything has its price tag. Moreover, if you are not healthy (eg low cd4), your immigration doctor will calculate the chances of you being hospitalized for an opertunistic infection etc... Also, i have heard that if you already started HAART this would deffinately put you above the annual average.
This goes with every disease... there is no special rules or categories for HIV. If you have diabetes type I you are basically in the same situation. It doesn't matter which country you are applying from. If you were coming from France and you had diabetes you would be inadmissible.
I hope this helps.
If you are a spouse or a dependent (child) - it does not matter what your cd4 count is or if you are coughing up blood... you will be allowed to PR. Canada does not discriminate nor separate marriages or parents from children due to illness. At port of entry, you will be given information to contact doctors and seek any help needed in regards to your health.
If you are applying as a skill worker or student... then you may have some issues.
Please read the legal laws on the CIC website for more info. All the best.
If you are applying as a skill worker or student... then you may have some issues.
Please read the legal laws on the CIC website for more info. All the best.
montreal7986 said:
Hi thank you for your message...
I am completely new from this Canadavisa immigration forum and i am thinking about doing an application. I am an italian citizen and canadian permanent resident since august 1st 2007.
It's been 1 year and an half that I am in a relationship with an HIV positive guy, whose viral numbers are really low ( it is considered undetectable).
at the beginning, our relationship was basically a 'big trip' one...each month me or him was taking a flight paris-montreal for short time to see each other (he works for a flight company so it was convenient even if really heavy).
only in july I have the opportunity to move in france with him because I worked for an international organization.
However, we are seriously thinking to move in canada next year 2010, expecially because i received some offers in alberta and he would like to join me.
In the case of a possible move in alberta, I would like to ask you if possible which are the scenarios that he could face:
I am pretty familiar with the process of residency because I did the one by myself years ago and I received a positive answer in only 4 months and half, and at the same time I assisted at all the procedures for the pr of a couple of friends...
Fopr the canadian law, we are considered into the group of conjugal partner, even if we recently conveined at civil union in france (PACS) . I don't know if canada recognize this union and whch other step can give to the procedure
considering the case of his viral numbers, as I told you he is undetectable, he has never had until now problems at work (he s a cabin crew officer) and during his regular checks with the doctor (4 in a month) he s always in a great shape.
Considering these aspects and the fact that we are an same sex couple, I would like to know if there will be great problems for an hypothetical application, if I sponsored him. I have the receit, trips coupons of all our flights, phone calls in both canada and paris to communicate and emails , however, the most pressing aspect concern the fact that he is HIV positive, even if qualified skills worker.
Can someone please can give me some suggestions?
Thank you
This is where i get confusedMsMobas said:
I live in Canada on a work permit. My wife was diagnosed with HIV in Canada 2 years ago when taking a medical for her open work permit.
She has since got a new work permit extension after the diagnosis
We are now going to apply for PR, so as the spouse or secondary applicant.......does she fall under the category of being admissible because she is the spouse of the primary applicant(me)
Thanks for your help
No - she's not exempt from medical inadmissibility due to being a burden on the healthcare system. She would only be exempt if you were already a Canadian PR or citizen and were sponsoring her as your spouse.rosjana16 said:
Hello, everyone, i am new to this forum, forgive me if i am posting my queries the wrong way, i'll learn in time.
Anyways i wanted someone to answer me and please put an end to my query, actually my father is a pr in Canada and just recently married my mother who lives in India (Got them remarried), my father applied for our immigration in the canadian embassy, and told us to get a medical done, while my mother came clean, i on the other hand got diagnosed for hiv positive, now i wanted to know with all the changes that took place recently in the regulation and acts of the legal law system in canada, will i be allowed to immigrate to canada since this marriage makes me a dependent child of my mother, and will my mothers immigration status will be jeopardised because of my condition, please reply asap,
Thank you,
Regards
Anyways i wanted someone to answer me and please put an end to my query, actually my father is a pr in Canada and just recently married my mother who lives in India (Got them remarried), my father applied for our immigration in the canadian embassy, and told us to get a medical done, while my mother came clean, i on the other hand got diagnosed for hiv positive, now i wanted to know with all the changes that took place recently in the regulation and acts of the legal law system in canada, will i be allowed to immigrate to canada since this marriage makes me a dependent child of my mother, and will my mothers immigration status will be jeopardised because of my condition, please reply asap,
Thank you,
Regards
Hi moodyThe moody soul said:Hello, everyone, i am new to this forum, forgive me if i am posting my queries the wrong way, i'll learn in time.
Anyways i wanted someone to answer me and please put an end to my query, actually my father is a pr in Canada and just recently married my mother who lives in India (Got them remarried), my father applied for our immigration in the canadian embassy, and told us to get a medical done, while my mother came clean, i on the other hand got diagnosed for hiv positive, now i wanted to know with all the changes that took place recently in the regulation and acts of the legal law system in canada, will i be allowed to immigrate to canada since this marriage makes me a dependent child of my mother, and will my mothers immigration status will be jeopardised because of my condition, please reply asap,
Thank you,
Regards
We are in the same boat, my son got tested HIV+, and we expect to receive a fairness letter and is preparing how we could justify that his medication will not be an excessive burden on the government. Can you we share ideas?