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Need Urgent Help!!!Can HIV positive person get PR ?

computergeek

VIP Member
Jan 31, 2012
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AOR Received.
21-06-2012
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21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
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26-09-2012
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10-10-2012
LANDED..........
13-10-2012
on-hold said:
Though I agree wholeheartedly with the sentiment expressed here about taking medical advice, I still want to point out that what I said is an accepted fact, and not one that will vary depending upon doctor or country -- there is no standard treatment regimen that involves beginning ART and then quitting, and suggesting this as a possibility would be ridiculous (I know the poster did not).
Your US/Canadian treatment biases are showing.

LOTTI study: http://www.medscape.com/viewarticle/703720 - it reaches a different conclusion and is used in some countries clinical practice to guide treatment strategies.

MONET study: http://www.natap.org/2011/IAS/IAS_61.htm - this treatment paradigm uses a full course of treatment but then removes some of the drugs and relies only on the boosted PI (darunavir/r) after certain thresholds.

Neither of these are practiced in the US or Canada, but both are practiced in Europe.

In my experience, Europeans are much more flexible when it comes to exploring variations in the treatment paradigm.

There is a wealth of work being done in looking at alternatives as well, including the recent Australian results (1/3 decrease in efavirenz is equally effective, for example, and thus presumably this will help cut treatment costs) and other useful studies on decreased dosages (http://www.ncbi.nlm.nih.gov/pubmed/20046153).

It's great that Canada pays for these drug costs, but they do serve as a barrier to immigration. Thus, looking outside the "accepted practice" is useful for understanding acceptable but less expensive treatment paradigms.
 

Worried2008

Star Member
Jul 5, 2013
53
1
Hi On Hold
I am not sure about BC but I know in Alberta 225 people have opted out.
When I called them to opt out ,it is voluntary,a simple form and only thing I need is to be opt in first.

I never heard about this before,while searching the Alberta health care I came across it.Later I found the BC one too.
 

on-hold

Champion Member
Feb 6, 2010
1,120
131
computergeek said:
Your US/Canadian treatment biases are showing.

LOTTI study: http://www.medscape.com/viewarticle/703720 - it reaches a different conclusion and is used in some countries clinical practice to guide treatment strategies.

MONET study: http://www.natap.org/2011/IAS/IAS_61.htm - this treatment paradigm uses a full course of treatment but then removes some of the drugs and relies only on the boosted PI (darunavir/r) after certain thresholds.

Neither of these are practiced in the US or Canada, but both are practiced in Europe.

In my experience, Europeans are much more flexible when it comes to exploring variations in the treatment paradigm.

There is a wealth of work being done in looking at alternatives as well, including the recent Australian results (1/3 decrease in efavirenz is equally effective, for example, and thus presumably this will help cut treatment costs) and other useful studies on decreased dosages (http://www.ncbi.nlm.nih.gov/pubmed/20046153).

It's great that Canada pays for these drug costs, but they do serve as a barrier to immigration. Thus, looking outside the "accepted practice" is useful for understanding acceptable but less expensive treatment paradigms.
I couldn't access thefirst site, I don't have a current Medscape ID -- but the 2nd one, and your other examples, are treatment changes, not treatment cessation. None of them are refutations of the basic principle that ART is lifelong, once begun. Obviously, the treatment details are constantly being refined. Also, I studied HIV treatment at the ITG in Antwerp, a WHO centre for HIV research, and the University of Bergen (Norway) -- I have no Canadian training in this field at all. I believe that my training represents current European practice, which is not different from North American.
 

Worried2008

Star Member
Jul 5, 2013
53
1
Guys

If a visitor come to Canada they can get insurance from RBC and AMA.The thing I just came to know is they will not cover for existing conditions like diabetes of Kidney disease.
I came to know that we should get insurance from Home country .

Is that true.What do visitors do when they know they have to see a doctor twice a year?What is your experience?
 

scylla

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Jun 8, 2010
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Worried2008 said:
Guys

If a visitor come to Canada they can get insurance from RBC and AMA.The thing I just came to know is they will not cover for existing conditions like diabetes of Kidney disease.
I came to know that we should get insurance from Home country .

Is that true.What do visitors do when they know they have to see a doctor twice a year?What is your experience?
Correct - Insurance typically doesn't cover pre-existing conditions and also usually covers emergencies only. If a visitor wants to see a doctor twice a year for a check-up that is not covered by insurance, they must pay for the cost of this check-up themselves.
 

scylla

VIP Member
Jun 8, 2010
95,062
21,635
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Worried2008 said:
OK Thanks scylla

What do you think of about opt out now?Can this option work for exss demand cases? if yes how?
I agree with what computergeek said (I think it was computergeek). I think opting out is a very weak argument because opting out can't be enforced by the province. I think you need much stronger arguments (i.e. letters from doctors and evidence of the costs). Have you started working with a lawyer yet?
 

scylla

VIP Member
Jun 8, 2010
95,062
21,635
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
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I don't know of any way to add security. Since opting out can't be enforced, any security would be the same and therefore carry no weight.
 
Nov 8, 2012
11
0
I would like to inform that yesterday I have received an email from canada embassy. It gives detail of the report of my spouse .
I have few things in my mind after going through lot of online stuff regarding my case.


1) can I withdraw file of my spouse ? And tell embassy that she wont be accompany me to canada . She would be living in my home county and continue with her treatment, she might visit me to Canada on visitor or temporary visa .

2) can I have a lawyer who would assist me in filing the reply . I m not sure who can help me in this . Who is good lawyer or attorney in such medical cases ? If someone can name few with contact details , it would be really helpful. As in my home country its difficult to find one.

3) can I show that she would be opting out of insurance plan ? Our landing place is Toronto. So how to proceed. can SHE carry medicine for personal use for 3 months . Is that a good option ? Is this allowed?

A special thanks to computergeek for helping me at every moment.
 

scylla

VIP Member
Jun 8, 2010
95,062
21,635
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
1) No - you can't exclude your wife from your application. Even if she is not accompanying you to Canada she must still pass the medical. If she doesn't pass the medical you will be refused as well.
2) Yes - you can certainly have a lawyer assist you and I think it would be an excellent idea to consult a lawyer at this point. I don't have any recommendations for a good lawyer but hopefully someone else can help.
 
Nov 8, 2012
11
0
Thanks Scylla for your informative words. Any one please help in this regards as it is urgent

my spouse's current reports are very good, improved CD4 and negligible viral load

because of ART, inadmissible on medical ground .

We would like to know good attorney who help us on urgent bases. Any help is much appreciated.
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
canadacalling2012 said:
Thanks Scylla for your informative words. Any one please help in this regards as it is urgent

my spouse's current reports are very good, improved CD4 and negligible viral load

because of ART, inadmissible on medical ground .

We would like to know good attorney who help us on urgent bases. Any help is much appreciated.
I have provided you with the names of the two attorneys of which I am aware with extensive experience in medical inadmissibility (via PM)

I would also suggest that you review OP 15 to ensure that the fairness letter conforms to its requirements - in my experience, they fall woefully short (e.g., they are required to give you their estimate of costs, but typically do not do so because they don't actually have the data). It is dubious for an officer to claim you are excessive demand when they don't know the costs themselves - it falls into the "cookie cutter" approach that was rejected by the SCC in Hilewitz.

But unless you absolutely must, I would strongly suggest that you work with an experienced attorney in this area - they can help you respond effectively to CIC and lay the groundwork for a potential legal challenge should you choose to pursue it.

Good luck!
 

ddigao2

Member
Jul 29, 2013
12
0
Hello!!!

I'm on a similar case, but still not for immigration, only for temporary residence: Study Permit (my partner) and work permit (for me).
The beginning:
My partner was accepted for a 4-yr undergraduate course in a University in Ottawa. I'm applying for an open work permit, based on his application (study permit). We sent the documents to Sao Paulo Consulate, using the services of a representative, on May 28, 2013.

The problem:
I was found hiv+ right after sending the documents to the CVAC (Visa information service) here in Brazil, before going to the panel physician. Then, I started going to a specialist doctor. We live in Brazil, all hiv treatment is free here, and it can be sent overseas aswell. But, the case is, my doctor says that I do not need treatment because my cd4 is high (490) and viral load is low (1,300). He stated it on a written report sent to CIC along with the CD4 count and virus load and the other necessary exams, through the CIC medical pratitioner one month ago (June 25).

What to do?
Just yesterday, CVAC emailed the representative we hired to help us on the paperwork to say that there's a sealed envelope there, addressed to me and my partner. Our status at CVAC changed from "Under consideration" to "Additional documents required by the visa office". I'm worried to know what it could be.

The main question
Do all the rules of medical conditions for permanent residence apply to temporary visitors, like my case?


Thank you so much
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
ddigao2 said:
The problem:
I was found hiv+ right after sending the documents to the CVAC (Visa information service) here in Brazil, before going to the panel physician. Then, I started going to a specialist doctor. We live in Brazil, all hiv treatment is free here, and it can be sent overseas aswell. But, the case is, my doctor says that I do not need treatment because my cd4 is high (490) and viral load is low (1,300). He stated it on a written report sent to CIC along with the CD4 count and virus load and the other necessary exams, through the CIC medical pratitioner one month ago (June 25).

What to do?
Just yesterday, CVAC emailed the representative we hired to help us on the paperwork to say that there's a sealed envelope there, addressed to me and my partner. Our status at CVAC changed from "Under consideration" to "Additional documents required by the visa office". I'm worried to know what it could be.
It is a medical furtherance letter - they are asking for more information about your current medical condition. Based upon your existing clinical information, standards in Canada would recommend that you commence treatment immediately, but the details also depend upon your destination province.

The problem with the medications is that they cannot be shipped to you in Canada (they are listed on Schedule F and can only be imported by a doctor, pharmacist or hospital as I recall.) Thus, the question will involve the cost of your medications in your destination province and how much would be paid for by the public funded health care system.

ddigao2 said:
The main question
Do all the rules of medical conditions for permanent residence apply to temporary visitors, like my case?
No. They are only considered over the period of your temporary residence, which can make things easier for you in qualifying.