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immigrating into Canada with a medical history

dominico

Star Member
Feb 22, 2010
64
0
american had cancer 20 years ago, if the american were to marry a canadian and want to move to Canada would immigrating and canadian citizenship be in jeapordy because of the history?
I understand that marriage offsets this, however anybody with first hand experience to confirm?
thank you,
 

Halifax-Maple

Star Member
Jul 19, 2009
130
12
dominico said:
american had cancer 20 years ago, if the american were to marry a canadian and want to move to Canada would immigrating and canadian citizenship be in jeapordy because of the history?
I understand that marriage offsets this, however anybody with first hand experience to confirm?
thank you,
The medical condition of the spouse has NO bearing on the spousal sponsorshop application. You will have to convice CIC that the marriage is genuine. If the medical condition is classified as "excessive demands" then your application may be overlooked and investigated. At the end of the day, the question remains as "is it a genuine marriage or a convenience marriage?" Good luck
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
The only medical concern for a spouse immigrating to Canada would be something contagious like tuberculosis or HIV. Cancer is not contagious, and I'm quite sure that cancer 20 years ago is not a concern.
 

racoon

Star Member
Feb 8, 2010
81
2
Visa Office......
Vagerville
Job Offer........
Pre-Assessed..
Hey,
if your American spouse is in full remission ... well it means he/she does not have cancer, for 20 years now =)), so it definitely will not be a problem. From my personal experience: I had a heart surgery done 6 years ago, and during my medical the doctor did ask me if I recently did a checkup to see how my heart was doing. I actually did it a year before and it was normal, so the doctor said it is totally OK, as I am officially super healthy =)).
Cheers, raccoon
 

dominico

Star Member
Feb 22, 2010
64
0
Halifax-Maple said:
The medical condition of the spouse has NO bearing on the spousal sponsorshop application. You will have to convice CIC that the marriage is genuine. If the medical condition is classified as "excessive demands" then your application may be overlooked and investigated. At the end of the day, the question remains as "is it a genuine marriage or a convenience marriage?" Good luck

what do you mean "no bearing on spousal sponsorship application"? will a marriage license be enough to confirm the marriage?
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-01-2014
AOR Received.
28-02-2014
File Transfer...
03-03-2014
Med's Request
19-06-2014
Med's Done....
07-08-2014
Interview........
None
VISA ISSUED...
02-04-2015
LANDED..........
13-04-2015
dominico said:
what do you mean "no bearing on spousal sponsorship application"?
All immigrants have to have a medical exam. For most immigrants, refusal is possible is they will impose a heavy brurden on the health care system, but spouses are exempt from this requirement that they don't impose a heavy burden. You won't be refused because the spouse is in poor health, unless he or she poses a danger to the general public.

will a marriage license be enough to confirm the marriage?
A marriage "license" means that you have permission to get married, but it doesn't say that you are married. For that, you need a certified copy of the license and/or a marriage "certificate". That may depend on the jurisdiction where the wedding is performed.

Aside from that, you need to show that it's a genuine marriage and not just one that you got into just for immigration purposes. They'd like to see things like wedding pictures, invitations, evidence that you went on a honeymoon if you did that, etc. They will want to know if your families attended and if they didn't why?

Have a look at the manual at http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf and read sections 12 and 12.1 on pages 44-45. That will give you an idea of what kind of evidence they look for.
 

dominico

Star Member
Feb 22, 2010
64
0
follow up question:

what would be the best way for the immigration process? a. start process while engaged or b. get married and start process.
if one waits to get married before starting process, can the couple live together in canada, and still be able to travel between canada and us?

thank you!
 

lonelycanadianwifey

Hero Member
Jan 25, 2009
876
23
124
Canada
Category........
Visa Office......
Kingston,Jamaica
Job Offer........
Pre-Assessed..
App. Filed.......
18-12-2008
Doc's Request.
19-03-2009
AOR Received.
26-02-2009
File Transfer...
01-07-09
Med's Request
11-11-2009
Med's Done....
16-12-2009
Interview........
Waived
Passport Req..
02-02-10
VISA ISSUED...
02-12-10
LANDED..........
02-28-10
I want to clarify some thing spousal and children are exessive demand exempt! So aids is and cnacer are fine....Its a danger to the public health that CIC is concerned about ...Airborn Illnesses ....You understand and if your spouse or dependant child has something they will require furthering by a DMP once that is cleared they are good to go !!!

To answer your Question Dominico Get married ther is no fiance section to immigration There is only married common law and conjugal I assume you are neither common law or conjugal ....US is alot difffrent as far as travel is concerned ...You should be able to come and go freely from the US as long as your stay here prior has not been jeopordized by any overstay or criminality ...Are you going to apply inland or outland ?
 

dominico

Star Member
Feb 22, 2010
64
0
im not sure inland or out land. what would be, if any, the pros and cons between the two? i thought i read somewhere that once the application is processed, you cant travel in and out of the country??
 

lonelycanadianwifey

Hero Member
Jan 25, 2009
876
23
124
Canada
Category........
Visa Office......
Kingston,Jamaica
Job Offer........
Pre-Assessed..
App. Filed.......
18-12-2008
Doc's Request.
19-03-2009
AOR Received.
26-02-2009
File Transfer...
01-07-09
Med's Request
11-11-2009
Med's Done....
16-12-2009
Interview........
Waived
Passport Req..
02-02-10
VISA ISSUED...
02-12-10
LANDED..........
02-28-10
Inland and ouland there are pros and cons with the both ...In your case it wouldnt matter as much if the person being sponsor is a citizen of the US....Because they could come freely to and from the US...As long as there is no issues with them in the past and no criminal issues barring them from entering ...As for the person sponsoring If you are a Canadian Citizen then yes you can freely travel back and forth and or stay out of the country for the duration of the outland application ,,,BUT Perminate Residents of Canada cannot do that ...they must remain in canada for the entire process!! That is what you heard

Now i am sure there is a thread with all the pros and cons in respect to Outland vs inland ....Let me find that ..

There is one common con with Inland you have no right to a appeal !!! So if you get denied that is it that is all !!!

I honestly say outland it is faster and better ...And the person being sponsored is a US citizen...So it wouold be easier this way ...Inland is more geared for those whom come from non visa expemt countries ...and fear leaving for the chance they may not get back in canada if they left at all during the process ! And or they hold a valid study or work visa that would take them through the entire process without any overstays!

Hope that hepled
 

dominico

Star Member
Feb 22, 2010
64
0
thank you for your answers,
just a quick question...what would be means for an application to be denied (as you said with inland apps, not being able to be appealed)
 

dominico

Star Member
Feb 22, 2010
64
0
sorry one more clarification.

once married and application applied for american wife, what would be her status in living in canada while waiting for the application process?
 

lonelycanadianwifey

Hero Member
Jan 25, 2009
876
23
124
Canada
Category........
Visa Office......
Kingston,Jamaica
Job Offer........
Pre-Assessed..
App. Filed.......
18-12-2008
Doc's Request.
19-03-2009
AOR Received.
26-02-2009
File Transfer...
01-07-09
Med's Request
11-11-2009
Med's Done....
16-12-2009
Interview........
Waived
Passport Req..
02-02-10
VISA ISSUED...
02-12-10
LANDED..........
02-28-10
various things

Criminality issues ....
Genuiness of relatioship ...

It would vary but i am safe to say as long as your spouse is criminally clear with no issues ...and your relationship is genuine ...then all should go well !!! With the outland that is !!!
 

lonelycanadianwifey

Hero Member
Jan 25, 2009
876
23
124
Canada
Category........
Visa Office......
Kingston,Jamaica
Job Offer........
Pre-Assessed..
App. Filed.......
18-12-2008
Doc's Request.
19-03-2009
AOR Received.
26-02-2009
File Transfer...
01-07-09
Med's Request
11-11-2009
Med's Done....
16-12-2009
Interview........
Waived
Passport Req..
02-02-10
VISA ISSUED...
02-12-10
LANDED..........
02-28-10
Visitor .....LOL

But i think you would have to wait for first stage approval b4 she could apply for a extention and a work permit...I do believe that is 6 months !!!

Calling all who are waiting inland to answer this question !!!

I applied outland .....My husband comes from a non visa expemt country it took 14 months ...He arrives in 5 days :)

I heard buffalo is quick anyways ...As far as outland is concered !!
 

BlueDragon17846

Star Member
Oct 29, 2009
191
2
St. Catharines
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
01-03-2010
Doc's Request.
04-03-2011
LANDED..........
12-05-2011
dominico said:
sorry one more clarification.

once married and application applied for american wife, what would be her status in living in canada while waiting for the application process?
You'll want to get your wife a visitor pass at immigration when she comes into Canada. I assume because she is U.S., this would be at the border for you (not at the airport). Its best if you accompany her with your marriage certificate, your passports, and the receipts of the fees for the PR application (this will be proof that you are actually applying for PR when she is here). Ask for a visitor visa.

If you apply inland, you submit an application of extension of that visitor visa, and an application for an open work permit, along with your application for PR. That way, she does not go out of status during the process, and they also immediately process her app for work permit after first stage approval (about 6 months). If you apply outland, and your visitor visa runs out during the process, you will have to apply to renew it separately, or leave at its expiration.