Need suggestions to reply fairness letter.Thanks

[Aquakitty]

Hi Aquakitty ,

You are right ! She was accompanying me. First time I just wanted to get an idea about fairness letter since at that time I could not fairness letter context anywhere else hence I posted in this forum. But since my second message involves explaining about the situation. I had mentioned my wife's condition ulcerative colitis (and expensive medication). Because of this lot of people have sent me personal messages in last 2 years. That is reason I have updated this post again yesterday.

It's very good information. Congrats on getting through that

 

[Sadhumaharaj]

Hi All,

I received a fairness letter for my Mother who is a dependent applicant. I need to respond to them with the documentation for financial support. Below is the letter received? Can you please suggest how do I respond. My point is even if they don’t give her PR can I apply for Visitor’s visa?

This refers to your application for permanent residence in Canada.

I have received a medical notification stating that your dependent XXXXX has the following medical condition or diagnosis: Chronic Renal Failure, Diabetes Mellitus and Hypertension which in the opinion of a medical officer:

The applicant has a diagnosis of Chronic Renal Failure (585), Diabetes Mellitus (250) and Hypertension (401). The diagnosis was confirmed based on all information gathered.

Nephrologist assessment of the applicant indicates that she has severe chronic kidney disease (CKD-Stage 4) secondary to diabetic nephropathy. According to the specialist, “the disease is likely to progress and there is a strong possibility that she may require dialysis with (sic) next 3 years”.

The applicant is also known to have hypertension.

Specifically, this client has Chronic Renal Failure (585), Diabetes Mellitus (250) and Hypertension (401) that might reasonably lead to them requiring kidney dialysis, the cost of which would likely exceed the average Canadian per capita costs over the next five to ten years. The required health/social services are costly and publicly funded.

Source of Information: http://www.kidney.ca/facing-the-facts
Other Information:
The expected cost for health related services for this applicant is approximately $56,000 annually for peritoneal dialysis in a home-based setting. This amount exceeds the average per capita threshold of $6,450.00 annually. A detailed list of services required, cost implications as well as sources used to determine these costs are included in Appendix I.

Based upon my review of the results of this applicant’s immigration medical examination and all the reports I have received with respect to the applicant’s health condition, I conclude that this applicant is inadmissible under Section 38(1)(c) of the Immigration and Refugee Protection Act which states that “A foreign national is inadmissible on health grounds if their health condition might reasonably be expected to cause excessive demand on health or social services.”

Medical Officer - Immigration, Refugees and Citizenship Canada (IRCC)


TOTAL COST OF ALL LISTED SERVICES: approximately $XX,000 annually

This information raises concerns that your dependent can be expected to cause excessive demand on health or social services in Canada. For this reason, your family member may be a member of the inadmissible class under section A38(1) and section 42(a) of the Immigration and Refugee Protection Act and your application for permanent residence could be refused.

Before I make my final decision, you may submit additional information or documents relating to the above medical condition, diagnosis or opinion.


Please help

 

[scylla]

You have to provide evidence to prove the medical care your mother requires will cost less than $6,450.00 per year.

I'll be honest. Her medical conditions are quite serious and I think it's going to be very challenging to prove this. If you want to try to fight this, I would recommend you hire a good immigration lawyer asap.

To answer your question - your mother can certainly apply for a regular visitor visa if the PR application is refused. However it's impossible for any of us to say if that visitor visa will be approved.

 

[CDNPR2014]

You have to provide evidence to prove the medical care your mother requires will cost less than $6,450.00 per year.

out of curiousity, where is this number from? the annual cost listed in the letter is $56,000/per year. Is the $6,450.00/year the maximum amount they will allow for approval or is there some calculation that resulted in that number?

 

[scylla]

out of curiousity, where is this number from? the annual cost listed in the letter is $56,000/per year. Is the $6,450.00/year the maximum amount they will allow for approval or is there some calculation that resulted in that number?

$6,450.00 is the maximum per year per person. It is the same for everyone:

http://www.cic.gc.ca/english/resources/tools/medic/admiss/excessive.asp

The $56,000 is what CIC has calculated as the annual health care costs specifically for the OP's mother based on her medical conditions.

 

[CDNPR2014]

$6,450.00 is the maximum per year per person. It is the same for everyone:

http://www.cic.gc.ca/english/resources/tools/medic/admiss/excessive.asp

The $56,000 is what CIC has calculated as the annual health care costs specifically for the OP's mother based on her medical conditions.

got it... thanks!

 

[Sadhumaharaj]

I did their case filing through Immigration Lawyer but now he is charging 6000$. After speaking to him he has said there is slim chances she will get the PR after appeal. I was thinking of doing it myself if I know what documents to submit.

 

[mikeymyke]

I did their case filing through Immigration Lawyer but now he is charging 6000$. After speaking to him he has said there is slim chances she will get the PR after appeal. I was thinking of doing it myself if I know what documents to submit.

It's going to be very difficult because you have to somehow, submit medical documentation and doctor's notes proving that her medical condition isn't as serious and costly as once thought. The only way to do that maybe is if your mom got better, I'm not sure.

Getting a visitor visa will be almost impossible for someone in your mom's situation, as it's likely she will not leave Canada based on her situation.

 

[frege]

I did their case filing through Immigration Lawyer but now he is charging 6000$. After speaking to him he has said there is slim chances she will get the PR after appeal. I was thinking of doing it myself if I know what documents to submit.

Have a look here: https://www.bellissimolawgroup.com/medical-cases/

Probably the only realistic route would be to either challenge the medical decision on the basis of a conflicting medical opinion, or convince the government that she can and will pay for her own treatment. This is complicated because a PR is entitled to free hospital care.

This seems almost impossible to do without a lawyer.

Have a look here too: http://www.cic.gc.ca/english/resources/tools/medic/admiss/index.asp

 

[canadianwoman]

It might be better to have her come here as a visitor. If you want to try to show that her health care costs will not be a burden to the government, I think you do need a lawyer to help you.