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

[ddigao2]

Thank you, computergeek. We're going to Ottawa, to accompany my partner who will be a University Student.

Is there anything more that could help us fullfill the required conditions stated on this medical furtherance letter?

Thank you

 

[computergeek]

Thank you, computergeek. We're going to Ottawa, to accompany my partner who will be a University Student.

Is there anything more that could help us fullfill the required conditions stated on this medical furtherance letter?

Thank you

Normally such a letter will be requesting additional medical information. There won't be conditions present there. I am not certain that there is a fairness process associated with temporary visas. Have you reviewed OP 15 on the CIC website? If not, I would advise that you do so.

Also, if you require professional assistance, I know an attorney in Toronto who specializes in HIV medical inadmissibility cases. I will send the name to you via PM.

 

[ddigao2]

Thank you again.

Yes, I have reviewed OP 15 several times already. I just couldn't understand something in "In the case of an IMM 5365B with a medical profile of inadmissibility... (p.19, #13) " What exactly is a medical profile of inadmissibility? And what is a medical profile of admissibility? It is not stated anywhere.. it only states the procedures for medical refusal, it does not state what would be done on the other way.

And, yes, it would be great to have a professional orientation in this case, specially because classes already start on Sep 2nd, and we need to move by the end of August.

Thank you again.

 

[ddigao2]

I've just received the letter:

It was concluded that you have a health condition that might reasonably be expected to cause excessive demand on health services and social services. Specifically, this health condition might reasonably be expected to require services, the costs of which would likely exceed the average Canadian per capita costs over 5 to 10 years.
Before making the final decision, you may submit additional information relating to this medical condition or diagnosis. You may also submit any information addressing the issue of excessive demand if it applies to your case.

But, in Ontario, temporary workers have no right to public health services. Didn't get that. Anyway, I will have private insurance, and will not need any social services.

Question: What documents or evidences should I include so my application is approved? Does anyone here had the same experience (applying for temporary or permanent residence)?

Thanks

 

[computergeek]

I've just received the letter:

It was concluded that you have a health condition that might reasonably be expected to cause excessive demand on health services and social services. Specifically, this health condition might reasonably be expected to require services, the costs of which would likely exceed the average Canadian per capita costs over 5 to 10 years.
Before making the final decision, you may submit additional information relating to this medical condition or diagnosis. You may also submit any information addressing the issue of excessive demand if it applies to your case.

But, in Ontario, temporary workers have no right to public health services. Didn't get that. Anyway, I will have private insurance, and will not need any social services.

Question: What documents or evidences should I include so my application is approved? Does anyone here had the same experience (applying for temporary or permanent residence)?

Thanks

This is a fairness letter. Also, note that the letter is deficient, as it does not meet their own requirements. Specifically, OP 15 requires they list their estimate of costs - precisely so you don't have to play this "guessing game". To be honest, I don't think CIC officers know the costs involved and just send out this blanket letter in these cases (which effectively becomes exactly the system that Hilewitz expressly forbade).

TFWs are eligible for provincial health care in Ontario. Drug coverage is not 100% however, so you need to know what the costs of the drugs will be, which also means you need to know what treatment is recommended (or even IF treatment is recommended). As I have previously noted, the combination of nevirapine, lamivudine and zidovudine does not exceed the excessive demand threshold even with 100% provincial coverage because all three of these are available as generics. I generally use the Regie's list of drug costs (Quebec) because it's the only provincially published drug coverage guideline I can find.

Other treatment combinations may or may not cross that threshold based upon insurance you might have (e.g., group insurance from the educational institutions that covers prescription drugs), your own income level, etc. If you have the option of obtaining the meds via a different channel (e.g., from a source outside Canada to someone in Canada eligible to import them - a doctor, pharmacist or hospital) then you can also present that as a mitigation.

I know you indicated you have a short-term deadline. Analysis of your fairness response will not happen within that time frame. Even formulating a cogent fairness response with any chance of success is unlikely to happen within that time frame.

 

[ddigao2]

Thank you again.

computergeek, where did you find the excessive demand threshold of $6,235.00 per year? Would you send the official national or provincial link? I tried to google that, but didn't find anything.

Thanks

 

[computergeek]

It was listed in OB 504 - http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob504.asp

This updated threshold of $6,285 is usually multiplied by five (unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years). This results in the legislated threshold of $31,425 taking effect as of February 28, 2013.

ALSO, I would submit an additional request to be considered for a Temporary Resident Permit (TRP) - you can request a one year TRP (to overcome inadmissibility) to demonstrate that you won't be excessive demand. Note that there is existing case law that the officer must consider your TRP request as well (note there is a $200 fee for a TRP application). Then near the end of the first year, you should apply for a renewal, show that you have not been excessive demand in the previous year and request another one year extension.

The first two years TRPs shouldn't be too difficult to obtain. The third one will be the tough one because after you have been in Canada on a TRP for three years (on medical inadmissibility grounds) you're automatically eligible for permanent residency ("permit holders class" - good luck finding the forms for that one on the CIC website. They are there, but I can only find them via the search function, which means you have to already know about this class). Such eligibility is not discretionary (which means they cannot reject you for permanent residency on the basis of your medical inadmissibility).

 

[computergeek]

CIC page with legal decisions on medical inadmissibility: http://www.cic.gc.ca/english/resources/tools/medic/admiss/court.asp

This is the one in which the Court agreed that CIC had to consider the TRP application: http://decisions.fct-cf.gc.ca/en/2006/2006fc1461/2006fc1461.html

I personally found this interesting because in our own application for leave and judicial review, we didn't raise this issue (and we DID request a TRP and the VO never responded to that request). Perhaps it was because the procedural process issues were very strong in my own case.

 

[ddigao2]

Thanks again and again and again! I'm reading all the links you listed.

Tell me, this TRP allows me to work legally in Canada, just like the Work Permit?

 

[canadacalling2012]

Hello Computergeek,

In our case, both us can be considered for TRV( Temporary Resident visa) or only my spouse who is HIV+ve?

 

[computergeek]

First, if you are a couple (or a family) and one member is inadmissible, all members are similarly inadmissible. So they reject the entire family/couple, not just one individual.

A Temporary Resident Permit overcomes a finding of inadmissibility and permits the inadmissible person (or people) to enter Canada. It does not authorize work or study - you still must have a work permit or a study permit - but it allows you to come to Canada despite your inadmissibility.

OP 20 "Temporary Resident Permits" describes the CIC procedure for evaluating such applications. You can find it on the CIC website. If you wish to pursue a TRP I strongly advise working with an experienced immigration attorney because such an application has to be persuasive. In the case of a PR application, what you're basically saying is "if you don't believe me when I say I won't use these social services, please grant me a TRP so I can demonstrate my willingness to do so."

For example, some things are difficult to do when you are not in Canada - like find an employer with group health insurance coverage for prescription medications. Thus, being allowed into Canada for a period of time to find work (and then get a work permit) is one way to demonstrate that you are acting in good faith. I have not seen a lot of arguments in this area, but I do know that they can be made.

Fair warning: I actually applied for a TRP in February 2012. The visa officer did not even start reviewing it until September 2012, at which point she learned my second PR application had been approved and thus decided not to continue with it. She did tell me that she was inclined to grant it, but ultimately it was not necessary. When I was doing my homework, I found that CIC grants fewer than 200 TRPs for medical inadmissibility in a given year so keep in mind this is a long shot approach. That's why having someone working with you that has done this successfully is an excellent idea and one that improves your odds of success.

TRPs are discretionary. CIC does not need to grant you a TRP - you have to convince the officer that it is reasonable under the circumstances. Cases where applications are granted generally involve H&C considerations, early admission spouse/partner applications, and national interest cases (e.g., if you're Stephen Hawking and you want to come to Canada to work or live, you ask for national interest consideration because you are a unique individual with considerable prestige to offer).

Thus, you should view the TRP request as the last ditch effort in a well prepared application. Assuming the medical condition is valid, you can discuss costs (especially when CIC doesn't show costs) and explain how your treatment doesn't exceed the excessive demand threshold (assuming you have a treatment plan that doesn't exceed it). Then you can discuss ways in which you will mitigate those expenses - set up an irrevocable trust account to pay the expenses, arrange with an NGO to supply the medications without cost to the Canadian government, point out that the costs are not uniform because some of the drugs will fall out of patent status soon (e.g., in the case of HIV, the components of Atripla - the most commonly prescribed treatment - are losing patent status in the next few years and that will drive the cost of the therapy down. You don't have to take the "convenient" one pill formulation, which is more expensive because the combination is patented, but can instead take two or three pills with each of the individual components that are off patent). But it takes a lot of research to find the patent expiration dates for these drugs. Since CIC does not usually report pricing I have used pricing information available from Canadian pharmacies that specialize in providing these drugs (often using foreign produced generics). If they don't provide pricing and you DO provide pricing - from a Canadian pharmacy no less - it is difficult for them to rebut you. I've also used the Quebec price list (published by the Regie) which is representative of the price for brand name or legally available generics in Canada.

A good response to a fairness letter can be quite lengthy, especially if you attack on multiple grounds. Part of the strategy is to lay out arguments that can then be used should you pursue it into court.

The TRP is there for the "just in case you don't accept any of the previous arguments..."

 

[canadacalling2012]

Thanks Computergeek. Very helpful information.

 

[MARCHIE]

Dear All,
I need your urgent advise.
My youngest son 04 years suffers from Asymptomatic VSD (very small hole in heart). He doesn't need any surgical intervention or medications since childhood but is advised of yearly ultrasound.
We informed this to our DMP during our medicals and additional Doppler & ultrasound from a cardiologist was done which medical report clearly stated that there was a murmur but child is asymptomatic and sent along with the all other members medicals.
After 01 month we got another letter from CIC that we need a letter from CARDIC SURGEON which should clearly mention that he would not require any cardiac surgery in next 5-10 year and the prognosis.

No doctor in the world will guarantee what will happen in 5-10 years except God Almighty.

Please advise how will this effect our application.
What if we manage to get a letter which says he doesn't need a cardiac intervention

 

[computergeek]

fter 01 month we got another letter from CIC that we need a letter from CARDIC SURGEON which should clearly mention that he would not require any cardiac surgery in next 5-10 year and the prognosis.

No doctor in the world will guarantee what will happen in 5-10 years except God Almighty.

You aren't asking for a guarantee, you are asking for an opinion.

"In my professional opinion, the patient XXX is stable and is not reasonably expected to require surgical intervention within the next 5-10 years."

That's all that will be required.

If CIC thinks it is more likely than not that he will require cardiac surgery in the next 5-10 years, the next question will be "what is the anticipated cost of same". The annual average medical costs in Canada are ~$6300, so even if he requires cardiac surgery, as long as the anticipated cost of monitoring and surgery is less than $33k (5 years) or $63k (10 years) then you will be fine.

But this is a multi-step process. Right now, CIC is doing the medical evaluation of his condition. If you get an opinion from a Cardiac surgeon that he is not likely to require surgery in the next 5-10 years, then his medical will pass (M2) and you won't have any further issues. If you cannot obtain such an opinion, then the medical officer must estimate the costs and if they exceed the threshold issue an opinion that your child is medically inadmissible due to excessive demand. That will then trigger a fairness letter, to which you can respond further.

You need to search for "OP 15" on the CIC website. This is the medical procedures manual and outlines how this is done in great detail.

I suspect that you can find a surgeon willing to state that your child is unlikely to require surgery in the next 5 to 10 years. It does not have to be a guarantee.

 

[MARCHIE]

Dear Sir,
By grace of God alight we have got a letter fro the cardiac surgeon which clearly nention that he wont require any cardiac intervention.
how long will it take to get passport request now?
our ecase says "Nedicals recived"

plz advise