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

[jamesfernandez2015]

Hi computergeek,

Im taking lamido+zido and efaverenz. Im planning to work as caregiver. Based on your experience/answered questions, how likely am i going to be approved to work?. Or can i just request my meds to be shipped from philippines to canada?

Thanks for your help.

 

[computergeek]

Hi computergeek,

Im taking lamido+zido and efaverenz. Im planning to work as caregiver. Based on your experience/answered questions, how likely am i going to be approved to work?. Or can i just request my meds to be shipped from philippines to canada?

Thanks for your help.

Efavirenz is available as a generic in Canada, as are lamviudine and zidovuine. If you are using the combination (lamivudine + zidovudine = 3TC+ZDV) and Efavirenz the cost would be approximately $3741.25 per year (see https://www.prod.ramq.gouv.qc.ca/DPI/PO/Commun/PDF/Liste_Med/Liste_Med/liste_med_2015_06_01_en.pdf), which is well below the excessive demand threshold. I would note that it is still likely that you will receive a fairness letter - I've seen cases where CIC is using 12+ year old pricing data that has the on-patent costs associated with it. A proper response would reasonably be expected to overcome the excessive demand issue, however.

It is difficult to import these drugs into Canada. You cannot do so yourself, you would need to convince your health care provider to do so (then they are the importer of record). This is because these drugs are on Schedule F (or it's replacement) and are generally not permitted for importation personally. But that shouldn't be necessary given the generic status of this drug combination.

 

[jamesfernandez2015]

Thank you so much for your quick response. Would you happen to know what will be the content of the fairness letter? Or i guess my real question is how shall i respond to it appropriately. Ive read on this thread that i might have to hire a lawyer-will i reach that point? Im offshore, i dont know how much it would cost me to do so and i dont know how shall i trust that person since i need to save just in case for his/her pf. Im planning to apply as a caregiver in a nursing home. I havent submitted my resume yet. Sorry if im too inquisitive.

Hoping for your response. Thanks in advance.

 

[jamesfernandez2015]

Hi computergeek, you still there? Thanks.

 

[interestedincanada]

Hi computergeek can I ask your opinion on this:

We with a partner considered immigrating to Canada. I have a good chance to get work permit but my partner is HIV positive. He is still not on treatment with CD4 about 500-600 (it changes with any test). In our country (Ukraine) he is considered as not requiring treatment for now.

If I understand right if we apply CIC will prognose his status for the next 10 years and surely decides that he will probably need treatment during such long period. But as he is not getting any treatment for now we do not know what treatment will be selected and can't calculate the price. Does it mean CIC will determine some "general price" when making their decision? Surely that will make him too expensive Can we prove that he will require only some budget treatment? Again, he is taking no treatment now so we don't know what treatment is needed. How do they decide what treatment to calculate?

Another point is that his status is for about 5 years now (it's documented by our doctors). Can we prognose that if 5 years is still Ok without additional treatment he will not require for the next 10 years? (Taking into account CD4 is 500-600). Of CIC will decide he will definitely need treatment the next 10 years?

Our final consideration is the high level of corruption in Ukraine.... For now we have extreme political and economic crysis. HIV treatment in Ukraine is partially funded by government and partially by foreign organisations. It's free for citizens by law. But this year, for example, government payed some company money to purchase drugs and deliver to the country. The company instead purchased nothing, just waited, than local currency dropped significantly and now that company demands more money from the government as the assigned amount is too low (currecnty dropped). The fact they received enough money and had enough time to purchase drugs before currency dropped doesn't change their position. Nobody was sent to court for this, nobody imprisoned for such fact of corruption and stealing public money. Now therapy is almost depleted and HIV people protest near government office but officials are unable to do anything with that company. I specially describe this to show how absurd situation is and how corrupted our officials are. In fact that's the reason we decided to emigrate, country is dying with all this corruption.

So taking into account all described matters may be we should apply as refugees? Is it realistic if my partner applies that corruption in our country makes access to HIV treatment very hard (we can send immigration body articles in press and so on) so that threatens his life... And I can apply as his partner, as a civil partner of a refugee. Is it realistic?

 

[computergeek]

Hi computergeek can I ask your opinion on this:

We with a partner considered immigrating to Canada. I have a good chance to get work permit but my partner is HIV positive. He is still not on treatment with CD4 about 500-600 (it changes with any test). In our country (Ukraine) he is considered as not requiring treatment for now.

If I understand right if we apply CIC will prognose his status for the next 10 years and surely decides that he will probably need treatment during such long period. But as he is not getting any treatment for now we do not know what treatment will be selected and can't calculate the price. Does it mean CIC will determine some "general price" when making their decision? Surely that will make him too expensive Can we prove that he will require only some budget treatment? Again, he is taking no treatment now so we don't know what treatment is needed. How do they decide what treatment to calculate?

Another point is that his status is for about 5 years now (it's documented by our doctors). Can we prognose that if 5 years is still Ok without additional treatment he will not require for the next 10 years? (Taking into account CD4 is 500-600). Of CIC will decide he will definitely need treatment the next 10 years?

Our final consideration is the high level of corruption in Ukraine.... For now we have extreme political and economic crysis. HIV treatment in Ukraine is partially funded by government and partially by foreign organisations. It's free for citizens by law. But this year, for example, government payed some company money to purchase drugs and deliver to the country. The company instead purchased nothing, just waited, than local currency dropped significantly and now that company demands more money from the government as the assigned amount is too low (currecnty dropped). The fact they received enough money and had enough time to purchase drugs before currency dropped doesn't change their position. Nobody was sent to court for this, nobody imprisoned for such fact of corruption and stealing public money. Now therapy is almost depleted and HIV people protest near government office but officials are unable to do anything with that company. I specially describe this to show how absurd situation is and how corrupted our officials are. In fact that's the reason we decided to emigrate, country is dying with all this corruption.

So taking into account all described matters may be we should apply as refugees? Is it realistic if my partner applies that corruption in our country makes access to HIV treatment very hard (we can send immigration body articles in press and so on) so that threatens his life... And I can apply as his partner, as a civil partner of a refugee. Is it realistic?

You do have a complex case. I can recommend an attorney who is very experienced with cases like your (and is quite passionate about them). Using him will boost the likelihood that your application will be successful (and if it goes to court, your chance of winning is higher). That same attorney can also counsel you about options, including H&C applications, TRPs, etc.

 

[interestedincanada]

You do have a complex case. I can recommend an attorney who is very experienced with cases like your (and is quite passionate about them). Using him will boost the likelihood that your application will be successful (and if it goes to court, your chance of winning is higher). That same attorney can also counsel you about options, including H&C applications, TRPs, etc.

Hi and thanks a lot for your feedback! Consulting with attorney would be great idea, the only thing I worry about is our ability to afford his services at this time... If you can give his e-mail I think we can ask for possible price of his service to decide is it possible for us now.

Unfortunately money matters now. We do not have too much savings and possible relocation requires a lot, for example you should prove about 10 000 on account to get long-time visa, have some time to start with (appartment, plane tickets and so on) so not sure we can afford attorney as probably the price will be several thousands or more.

Thanks a lot!

 

[Maulevet]

Hello, computergeek
I hope you could help me with some advice or information.
Im in the Permanent resident process for Qnebec province (as QSW) but received my Fairness letter, for this same issue. I was diagnosed Hiv+
Just contracted it not long before the medicals. But anyways, in my last exam my Cd4s were over 550 and Viral load really low, in 1,230. I am in perfect condition and not taking ARVs.
But the lapse of my fairness letter expired, the sixty days, just ended last friday and that day i sent a letter explaining this, and that i could cover with my own money some years if needed to start ARV. And to continue working and paying for meds if necessary.
But... As Ive read, i should have prepared the fairness letter with a propper attorney. As i also read you have the contact of a couple of attorneys. Is it late for an action like that? Is there other way to contact you? Can i ask you to send them to me?

 

[computergeek]

Hello, computergeek
I hope you could help me with some advice or information.
Im in the Permanent resident process for Qnebec province (as QSW) but received my Fairness letter, for this same issue. I was diagnosed Hiv+
Just contracted it not long before the medicals. But anyways, in my last exam my Cd4s were over 550 and Viral load really low, in 1,230. I am in perfect condition and not taking ARVs.
But the lapse of my fairness letter expired, the sixty days, just ended last friday and that day i sent a letter explaining this, and that i could cover with my own money some years if needed to start ARV. And to continue working and paying for meds if necessary.
But... As Ive read, i should have prepared the fairness letter with a propper attorney. As i also read you have the contact of a couple of attorneys. Is it late for an action like that? Is there other way to contact you? Can i ask you to send them to me?

In my experience, anything less than a rather strong response tends to lead to a refusal. If you wish to seek legal counsel, my advice would be to do so as quickly as possible. If you can get something into your file before a decision has been rendered, then they may consider that additional information.

The ability to pay for the medication on your own is generally discounted by CIC. This is because there is no way for them to enforce this. In my case I was able to demonstrate 100% coverage via a health savings account and insurance policies and was still refused because the medication would be available. What has proven to be successful is to show that one is on medication and the cost of same is not excessive (and there are several therapies that qualify). Quebec has a public/private scheme that makes analysis more difficult but also publishes a detailed guide about what can be charged for medications in the province.

Did you include any medical opinions that you would not require treatment for some period of time? This is more difficult now because current guidelines state that everyone should be treated ("treatment as prevention") regardless of clinical markers. To rebut this, you would need to have a qualified doctor state that it is not recommended in your specific case.

Are you inside or outside Canada? Some legal arguments are not available outside Canada (e.g., Charter arguments). I will PM you with potential attorneys.

 

[canadaopportunities]

Hi computergeek,

Hope you received my PM in this forum. Anyway, I have some questions regarding ARV medications once I enter Canada.

Thank you very much.

 

[rr185133]

Efavirenz is available as a generic in Canada, as are lamviudine and zidovuine. If you are using the combination (lamivudine + zidovudine = 3TC+ZDV) and Efavirenz the cost would be approximately $3741.25 per year , which is well below the excessive demand threshold. I would note that it is still likely that you will receive a fairness letter - I've seen cases where CIC is using 12+ year old pricing data that has the on-patent costs associated with it. A proper response would reasonably be expected to overcome the excessive demand issue, however.

It is difficult to import these drugs into Canada. You cannot do so yourself, you would need to convince your health care provider to do so (then they are the importer of record). This is because these drugs are on Schedule F (or it's replacement) and are generally not permitted for importation personally. But that shouldn't be necessary given the generic status of this drug combination.

HI Computergeek, m, thankful for people like that is trying their best to help others in their own way.. in my situation, im currently talking one pill a day, combination of efavirenz / lamivudine / tenofovir - 600mg/300mg/300mg.. do you have any idea if i will be below the demand threshold and how much would it cost me in montreal? i have an aunt in montreal which has a nursing home and is willing to hire me and support me until i get settled in.

i have heard something about Letter of Guarantee that my clinic here in the Philippines will send the meds i need to canada. and also if ever ill be approved to work there, how many pills am i allowed to bring? and what are the papers i need so that it wouldn't cause any trouble in the airport.. i do hope to hear from you soon..

 

[juhanjuhanjuhan]

Hi ComputerGeek,

I hope you can answer this question as it's been a while since my last post. My family submitted a PR Application last year of january 2015. We got a reply from CIC asking for my remedical but they did not indicate there that I am medically inadmissible and didn't mention my current HIV status. I'm currently taking efavirenz, lamivudine and tenofovir 1 pill daily and my doctor sent a letter to them about this last year of april.


"This letter refers to your application for permanent residence under the Live-in Caregiver Class.
In order to continue processing your application in Canada, further information is required. You must complete/submit the following to the Case Processing Centre:
[X] In order to be granted permanent residence in Canada, all applicants and their family members, if applicable, must have had an Immigration medical examination conducted within the last 12 months. A new medical examination is now required for.
(my name)
The required medical forms have been sent to the most recent email address you provided.
[X] All applicants for permanent residence and their family members are required to undergo an immigration medical examination which is valid for 1 year. Medical examination for your family member(s) may be extended. We have been advised by Immigration Health Services that additional information or medical examination is required to re-assess the results of your family member(s) medical examination. Please find attached the form and instructions that your family member(s) must follow for their medical extension(s). (my sisters name)
[X] As you are a member of the Live-in Caregiver Class, you must hold valid temporary resident status as a worker until such time that you receive your permanent residency. Your temporary resident status was valid until 2015/08/20. Persons without legal immigration status in Canada may be subject to removal proceedings at any time for failing to have or maintain legal immigration status.
CIC will process your application for permanent residence on a first-come first-served basis. However, we receive large volumes of applications for permanent residence and cannot guarantee that all processing procedures will be completed before your temporary resident status expires. If you have not been contacted by the Canada Immigration Centre and your status is expiring you need to extend your status. Please obtain the “Application to change conditions, extend my stay or remain in Canada” kit by visiting the Citizenship and Immigration Canada web site at http://www.cic.gc.ca."


Is this a fairness letter?

 

[scylla]

This is not a fairness letter. It looks like they are asking for new / additional medicals.

What what may be of concern is the section on holding valid temporary status in Canada. It looks like your status expired last year. Is that accurate? Are you out of status?

 

[jamesfernandez2015]

Hi ComputerGeek,

I hope you can answer this question as it's been a while since my last post. My family submitted a PR Application last year of january 2015. We got a reply from CIC asking for my remedical but they did not indicate there that I am medically inadmissible and didn't mention my current HIV status. I'm currently taking efavirenz, lamivudine and tenofovir 1 pill daily and my doctor sent a letter to them about this last year o


Hi juhanjuhan,

May i ask where you HIV+ when you applied for a temporary visa? Are you in canada now? When and where did you contracted the virus?
Thanks for your response.

 

[juhanjuhanjuhan]

This is not a fairness letter. It looks like they are asking for new / additional medicals.

What what may be of concern is the section on holding valid temporary status in Canada. It looks like your status expired last year. Is that accurate? Are you out of status?

Thanks for the fast response. I think it's accurate. I need to ask my mom though because that's hers. Should I expect another email from CIC which is the fairness letter? And I'm wondering why they're asking for remedical. I'm currently on ARVS right now and the result of remedical might give false negative.