Medical concerns - please experts advice

[salem10]

Hi all, I am a follower of this forum for long time now. I choose to post my question in this section as I saw more expert people here as Leon PMM and other people.
Yesterday, I recived response from Ottawa that one of my dependent in FSW application casue health expenses.

CIC wrote as follows:
" I have determined that your family member ********** is a person whose health condition might reasonably be expected to cause excessive demand on social 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 $31, 425 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.*

Their cost analysis is based on the following:

"In consultation with Health Branch of Citizenship and Immigration Canada, I have determined that the following social services will be required:

Detailed list of social services required and their cost implications:

-Two educational assistants cost $64,000 per year

-One special education teacher cost $71,000 per year

Therefore the cost per one student 5 divided by $135,000 = $27,000 per year."

I admit the diagnosis is correct. In fact, I sent them all True information. From medical point of view, the cost is very low as the patient need one visit/year and CIC doesn't bring this concern in the letter. They bring the concern of education.

The first question, they said the average cost per capita is 31,425/year. This value is larger than what they estimate for my dependent? Then why they ask me to have a plan if this person cost is less than the average capita/year?

The class at our school now is increased to 6 students and may 7 but I am sure the end of the last year was 6 students. This will reduce the cost of education/student for this particular class. Do I can refer to this in my letter? Or why they donot use the maximum possible class capacity? because, the class may vary from time to time. This year might 6 next year might 15 or 2 students. So, the logic is to use the maximum possible or the average similar class size over all Canada. Any applicant has no control of the class size and should be some logic and equal treatment for all people.

As per psychologist, the patient might not benefit from school and does not need any vocational training, as patient not expected to perform any work.

The second question, I have already approved as Refugee with all of my family members, which means I will be waived to this condition when I apply for PR as refugee. In fact, in the GCMS notes they wrote medical passed, then they canceled and they ask for consultation. How I can use this in my advantage in FSW application?

The issue is time consuming. Uptonow, I have 38 months waiting for this application.

 

[frege]

I'm not an expert, but here are a few thoughts.

It's strange that they say $31,425 per year.

According to this, it's $31,425 for a five-year period, or $6,285 per year:

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

It could be that the math is not written exactly correctly by the visa officer, but that the essential facts are correct.

One idea, if you can afford it, would be to put together a plan to have your child educated privately, at your own expense. I'm not sure this would work, because they probably can't force you to abide by a promise to pay for your child's education yourself.

Something else that stands out here is that they are not deducting the cost of a regular education that your child won't be receiving. I don't know if this argument is correct, but it would seem logical that they could only take into account the amount for education in excess of what is normally paid. I don't think this will be enough, though.

Perhaps you should have a consultation with a lawyer who has dealt with medical inadmissibility before.

 

[Boetie]

think the mention of $31,425 per year is clearly a typo. The way the calculation is described divided by 5 is very badly written also. The guides say $6,285 per year, usually multiplied by 5 for a 5 year period of possible care giving a total cost of $31,425. There is mention of the term not to exceed ten years. Since you say the child will not be expected to work, you are talking about a much longer term of care.The letter cites close to that for one year of education alone. I believe the education costs are divided by the average number of students in such a class. I don`t think they would be prepared that a particular school has a larger class base or not since as you said, that could easily change. Either way, the costs are very high. I know people who have been refused for health issues that required much less including someone who had a deaf child that had already had cochlear implants that allowed the child to enter mainstream schools. Was this not discussed with a lawyer during the time you were waiting for refugee status. You need to get the lawyer to work on this for you. I don't understand why you are talking about FSW if you will receive PR through refugee status.

 

[salem10]

Thank you for your comments,
Based on this I can write my letter to include the following main points:
1. Check the latest update on the class size and the figure of $27,000 could be less.
2. Then subtract the cost of education of normal child which I thought will be around $10,000. I was talking to one of School board and she roughly mention to this number.
3. Then subtract the threshold limit (maximum additional permitted) which is $6,425.

The results of the reminder fund will be less than $10,000/year. In this case I can show that I will be able to pay this amount for each year that my child is in school. I am working now as researcher but expect to get university lecturer (as my education and skills) which has sufficient income to support my claim. My currently income is around $40,000/year.

4. I think to add a paragraph concerns about H&C relief of this condition as I have already convention refugee has been approved and as there is no other concerns my application for PR under refugee is a matter of time only. The PR application under refugee will take about 21months and I wish to work as PR before this time.

 

[frege]

Thank you for your comments,
Based on this I can write my letter to include the following main points:
1. Check the latest update on the class size and the figure of $27,000 could be less.
2. Then subtract the cost of education of normal child which I thought will be around $10,000. I was talking to one of School board and she roughly mention to this number.
3. Then subtract the threshold limit (maximum additional permitted) which is $6,425.

The results of the reminder fund will be less than $10,000/year. In this case I can show that I will be able to pay this amount for each year that my child is in school. I am working now as researcher but expect to get university lecturer (as my education and skills) which has sufficient income to support my claim. My currently income is around $40,000/year.

4. I think to add a paragraph concerns about H&C relief of this condition as I have already convention refugee has been approved and as there is no other concerns my application for PR under refugee is a matter of time only. The PR application under refugee will take about 21months and I wish to work as PR before this time.

I'd really recommend speaking to a lawyer. I made some suggestions, but as I said, I'm not an expert.

I imagine that for H&C, you'd have to explain why your current situation is bad, if your child is with you here in Canada. I think it's difficult to make a successful H&C claim without some legal help. A lawyer will also be able to tell you if you're wasting your time and should apply as refugees immediately.

Considering you're refugees, perhaps you have good grounds. But perhaps what you should do instead is apply as refugees with an H&C request for urgent processing.

Depending on your province, there may be reduced-cost legal assistance available. In Ontario, a non-profit called Justice Net provides lawyers at reduced rates for people in your income range. You could also speak to an organization that assists refugees.

 

[amirsrima]

I'd really recommend speaking to a lawyer. I made some suggestions, but as I said, I'm not an expert.

I imagine that for H&C, you'd have to explain why your current situation is bad, if your child is with you here in Canada. I think it's difficult to make a successful H&C claim without some legal help. A lawyer will also be able to tell you if you're wasting your time and should apply as refugees immediately.

Considering you're refugees, perhaps you have good grounds. But perhaps what you should do instead is apply as refugees with an H&C request for urgent processing.

Depending on your province, there may be reduced-cost legal assistance available. In Ontario, a non-profit called Justice Net provides lawyers at reduced rates for people in your income range. You could also speak to an organization that assists refugees.

I recommend to must contact a consultant to get advise. But buddy, be sure a registered and top reputed lawyer of the field.
My friend made a mistake as not to follow and all in vain.
So be optimistic, to me seems lot of loops for the professional consultant