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

[canadaopportunities]

Hi there, This forum is really informative specially this post as we are also facing a difficult situation as well. Our application as a family is under the federal skilled worker category and we are also planning to migrate to Canada but unfortunately I, as a principal sponsor, was diagnosed with HIV and that lead us to a probable medical inadmissibility. Iam under medication now specifically lamivudine zidovudine nevirapine, and in a good health with normal cd4 count. We are also on our last phase because we already received Fairness letter from the embassy giving us 60 days to comply. Hopefully someone can also help us with our case. Please if anyone hear who can help us choose the possible option we appreciate that . Thank you very much

 

[computergeek]

Hi there, This forum is really informative specially this post as we are also facing a difficult situation as well. Our application as a family is under the federal skilled worker category and we are also planning to migrate to Canada but unfortunately I, as a principal sponsor, was diagnosed with HIV and that lead us to a probable medical inadmissibility. Iam under medication now specifically lamivudine zidovudine nevirapine, and in a good health with normal cd4 count. We are also on our last phase because we already received Fairness letter from the embassy giving us 60 days to comply. Hopefully someone can also help us with our case. Please if anyone hear who can help us choose the possible option we appreciate that . Thank you very much

That is the only drug therapy combination that currently does not exceed the excessive demand threshold, even when 100% paid for by a provincial government. That is because all three of those drugs are generics.

Pricing data for Canada is difficult to find, but I usually use the RAMQ (Quebec's published listing) as it is generally comparable to what other provinces would pay as well.

https://www.prod.ramq.gouv.qc.ca/DPI/PO/Commun/PDF/Liste_Med/Liste_Med/liste_med_2014_03_14_en.pdf

Lamivudine/Zidovudine ("Combivir" is the non-generic name, but it is priced the same as the Teva generic) is $156.12 per month (assuming twice per day dosing)
Nevirapine ("Viramune" is the non-generic name) is $74.08 per month (again, assuming twice per day dosing).

This is a total cost of $2762.40 per month and is far below the excessive demand threshold (which is currently ~$6300). It is distinctly possible that even with this information the medical officer may still try to classify you as excessive demand, but if you provide the written information about costs, that opinion would not withstand scrutiny.

Thus, at the present time based upon your therapy, you are not excessive demand.

 

[canadaopportunities]

We appreciate your urgent reply computergeek! Thank you for enlightening us! Given the argument that my ART regimen will not exceed the $6300 per annum, would that be ENOUGH reason to prove that Iam not an excess demand or do I need to provide other justification? Adding the other expenses such as doctors visit, and blood test monitoring will it still not exceed the $6300 per annum? Because in the fairness letter we received dated march 20 2014 Iam expected to undergo such services and therefore it is included in the excess demand. Do you have any information regarding the cost of doctors visit and blood test? Considering my present situation in the Philippines I only visit my doctor and have my cd4 count every 6months because my cd4 has been stable and normal since I started my ART/ARV therapy by the time i was diagnosed last Nov 2012. Iam very eager to migrate in Canada for this is my dream for my family. Iam willing to shell out money if necessary. Do you think is it better to hire a lawyer from Toronto (expected destination) to prepare my response in the fairness letter? Or here in my home country for faster communication but I dont know any from both. Lastly how much is the expected cost if I get a lawyer from Toronto for my fairness letter? Thank you very! I apologize for having so many questions Iam very anxious and dont know whom to ask, because this will be our final step before they come up with a decision

 

[computergeek]

We appreciate your urgent reply computergeek! Thank you for enlightening us! Given the argument that my ART regimen will not exceed the $6300 per annum, would that be ENOUGH reason to prove that Iam not an excess demand or do I need to provide other justification? Adding the other expenses such as doctors visit, and blood test monitoring will it still not exceed the $6300 per annum? Because in the fairness letter we received dated march 20 2014 Iam expected to undergo such services and therefore it is included in the excess demand. Do you have any information regarding the cost of doctors visit and blood test? Considering my present situation in the Philippines I only visit my doctor and have my cd4 count every 6months because my cd4 has been stable and normal since I started my ART/ARV therapy by the time i was diagnosed last Nov 2012. Iam very eager to migrate in Canada for this is my dream for my family. Iam willing to shell out money if necessary. Do you think is it better to hire a lawyer from Toronto (expected destination) to prepare my response in the fairness letter? Or here in my home country for faster communication but I dont know any from both. Lastly how much is the expected cost if I get a lawyer from Toronto for my fairness letter? Thank you very! I apologize for having so many questions Iam very anxious and dont know whom to ask, because this will be our final step before they come up with a decision

Based upon the Companioni decision by the Court, the cost of routine monitoring is not enough to be excessive demand. The estimate I have seen for this is less than CAD$2000 per year (e.g., 4 visits per year, with routine lab work) and that total is still below the excessive demand threshold even when combined with the cost of the therapy.

I see: they sent you a fairness letter. This is because CIC does not really evaluate costs - they just assert that any treatment of HIV is "excessive demand" (which is contrary to court decisions). Since you have a fairness letter, you really should be working with an experienced attorney - there are two of which I am aware have extensive expertise in this area, and one that specializes in HIV cases. I will send you information in a PM. They can have a Canadian doctor prepare a cost estimate and that should be below the excessive demand threshold.

The fairness letter should set forth their estimate of costs (this is required by OP 15) but in my experience they do not do this in HIV positive cases - the medical officer just says "it is expensive" and does not quantify this. As I have demonstrated to you, this is clearly not true for your own therapy - thus CIC is not really doing an individualized assessment in your case as is required by the case law.

 

[canadaopportunities]

I've received your PM and thank you for your help. May we also have the same fate as yours! I will take in consideration all of your suggestions. Have a good day!

 

[Worried2008]

My reply to fairness letter hasn't been reviewed by medical officer yet. So no clue what the outcome would be? It s been 7 months since I replied for my mom's fairness letter regarding kidneys.

 

[computergeek]

My reply to fairness letter hasn't been reviewed by medical officer yet. So no clue what the outcome would be? It s been 7 months since I replied for my mom's fairness letter regarding kidneys.

Until it's reviewed, there is no clear answer unfortunately. 7 months does seem to be a long delay, though. Have you requested the electronic case notes on behalf of your mother?

 

[snakeyes30]

How are you?

I read your post in the forum and greatly appreciate your courage which really gives hope to some applicants with the same case like you.
My friend also have the same plight and wish to be Canada. I would just like to ask how well your application get through today or any update from cic? did you received your PPR and visa already?

I know God will guide you in your endeavor. ;D

 

[sergeimx74]

Hi, I've read some of the posts and there are many things I was not considering, so thanks for the information. I have a question: I am going to study a PhD in BC. I know that for Study Permit I am not required to have MEDS. So in theory I could go to study. The situation is that I may apply for PR later on. What do you suggest?
Also, I am traveling with my partner. He would go with an Open Work Permit.
Please if you could give me your answer stating if its better to disclose my status in the SP application.
Thanks for your help.

 

[juhanjuhanjuhan]

We appreciate your urgent reply computergeek! Thank you for enlightening us! Given the argument that my ART regimen will not exceed the $6300 per annum, would that be ENOUGH reason to prove that Iam not an excess demand or do I need to provide other justification? Adding the other expenses such as doctors visit, and blood test monitoring will it still not exceed the $6300 per annum? Because in the fairness letter we received dated march 20 2014 Iam expected to undergo such services and therefore it is included in the excess demand. Do you have any information regarding the cost of doctors visit and blood test? Considering my present situation in the Philippines I only visit my doctor and have my cd4 count every 6months because my cd4 has been stable and normal since I started my ART/ARV therapy by the time i was diagnosed last Nov 2012. Iam very eager to migrate in Canada for this is my dream for my family. Iam willing to shell out money if necessary. Do you think is it better to hire a lawyer from Toronto (expected destination) to prepare my response in the fairness letter? Or here in my home country for faster communication but I dont know any from both. Lastly how much is the expected cost if I get a lawyer from Toronto for my fairness letter? Thank you very! I apologize for having so many questions Iam very anxious and dont know whom to ask, because this will be our final step before they come up with a decision

My family is on a similar situation right now. I would like to know how is your PR application going?

 

[voitek]

Hello everybody! Our family is going to make a refugee claim to Canada. Me and my wife have HIV + status. Would this fact has an influence on making decision?

 

[computergeek]

Hello everybody! Our family is going to make a refugee claim to Canada. Me and my wife have HIV + status. Would this fact has an influence on making decision?

If your refugee claim is successful, it will not have a negative influence. Depending upon the treatment of HIV+ individuals and the availability of care in your country, it may actually bolster your refugee claim. But refugees are not subject to excessive demand medical inadmissibility.

 

[canada4gud]

Dear computergeek

I have been sending you pm's lately, I wonder if you were receiving it, if you have time kindly get in touch please. I need some advise from you. Thank you very much.

 

[computergeek]

I have been sending you pm's lately, I wonder if you were receiving it, if you have time kindly get in touch please. I need some advise from you. Thank you very much.

I just responded. I have been out of the country for work for the month and am only just now responding.

 

[Dula]

Based upon the Companioni decision by the Court, the cost of routine monitoring is not enough to be excessive demand. The estimate I have seen for this is less than CAD$2000 per year (e.g., 4 visits per year, with routine lab work) and that total is still below the excessive demand threshold even when combined with the cost of the therapy.

I see: they sent you a fairness letter. This is because CIC does not really evaluate costs - they just assert that any treatment of HIV is "excessive demand" (which is contrary to court decisions). Since you have a fairness letter, you really should be working with an experienced attorney - there are two of which I am aware have extensive expertise in this area, and one that specializes in HIV cases. I will send you information in a PM. They can have a Canadian doctor prepare a cost estimate and that should be below the excessive demand threshold.

The fairness letter should set forth their estimate of costs (this is required by OP 15) but in my experience they do not do this in HIV positive cases - the medical officer just says "it is expensive" and does not quantify this. As I have demonstrated to you, this is clearly not true for your own therapy - thus CIC is not really doing an individualized assessment in your case as is required by the case law.

Hi computergeek,
I need some information about the doctors who can help me about the cost estimate and attorney that you recommend. I am working on my fairness letter and your point is helping me. In my case my wife is HIV positive and we are like living hell hear in Canada like a dog because we don't have any paper even though I work here and contribute to Canada. Canada is doom to fail if it runs its public health policy based on popular mob not scientific ideas. HIV is used as scape goat of keeping Canadian health cost down by keeping "sick immigrants out". They are totally wrong. HIV is less than diabetes, heart disease and other disease people they let in both for cost and health quality. Thanks to advanced drugs.