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

[juhanjuhanjuhan]

Thank you so much for your response!! Our medical has passed on September 01, 2020. But after that there was no update due to COVID as they said. Our medical is going to expire January 23. We may be asked re medical, I don't know what is going to happen. If that turns out to be negative, I will send you PM.
Thank you very much again!!!!!!

I was asked remedical 4 times! If it is expired they’ll ask you to redo it yep Feel free to PM when u need to

 

[amilakyichilal]

I was asked remedical 4 times! If it is expired they’ll ask you to redo it yep Feel free to PM when u need to

Thank you so much! I will definitely do that.

 

[canuck78]

Hi,

I got approved 2 years ago. I have HIV with hep b co-infection.

Be prepared, the process takes a while but res assured everything is worth it. When they receive your wife’s medical they will ask you for the cost of the medication plus the prognosis of the patient in which your wife’s doctor has to write. At that time it would be great if her cd4 count is good and her viral load is undetectable.

I got approved and my medication cost ran around 16k. If the cost of her medication per year goes over the yearly threshold mandated by the government, they’ll send u a fairness letter. The fairness letter allows you to discuss how you’ll mitigate the cost of her medical care. In case you reach this stage I highly suggest you work with a lawyer.

I can give you my lawyer’s contact information if you need it. Just send me a PM

The calculation involves more than medication cost but medication is the easiest to price compared to appointments, scans, tests, etc.

 

[juhanjuhanjuhan]

The calculation involves more than medication cost but medication is the easiest to price compared to appointments, scans, tests, etc.

That is right cost estimate of medications, scans, test etc. My one ran 16k.

 

[terryli]

I know quite a lot about this area and have advised others in the past.

An HIV positive person can obtain a PR visa, but it can be challenging and it will increase the amount of time to process your application.

Your Panel Physician (formerly "Designated Medical Practitioner") should have drawn blood for an HIV-1 RNA test ("viral load") and a CD-4 test (a specific type of white blood cell used for cell mediated pathogenic response). Those results will then be forwarded to Immigration Medical Service. Their decision may be predicated, at least in part, on the province in which you will be landing. For example, if you plan on landing in BC, while they will go through all the process in the end because BC provides 100% coverage for the drugs unless your wife is not expected to require them for most of the next 10 years she will likely be declared inadmissible, though I can provide you with some information that you can use to argue against this decision.

Drug coverage varies by province, though, so a complete analysis cannot be done without that information.

Normally, what IMS will do next is send a sealed letter to you to take to the Panel Physicial (DMP). Normally this will ask for additional information and whether or not you will require treatment in the next 5-10 years. What this means is that you need to be looking for a sympathetic doctor now. Ideally, you want one that can either say definitively or probably that she will not require treatment within that time period. Not every doctor will say that, so you may wish to consult with more than one.

If after reviewing the additional medical information they determine she will require medication in the 10 year time period, they will advise you that she is "probably" medically inadmissible. This is done by way of a fairness letter. You will have 60 days to respond to the fairness letter.

You may challenge the finding of the medical condition, e.g., she had a "false positive". This is actually quite likely. The doctor may tell you the test is 99.6% accurate, but will not advise you that the positive predictive value (PPV) is much lower than that, because the prevalence of the condition is very low in the general population.

You may challenge the medical officer's estimate of costs. This is an area in which I can provide you with guidance, particularly if you can present a particular treatment regimen to her doctor and have the doctor agree that it is a viable treatment model - this is because one approved treatment is now made up of generic medications that have much lower cost and thus do not exceed the excessive demand cost threshold.

You may provide a plan to mitigate costs. This can include insurance plans, NGOs that will pay for treatment, and health savings plans.

If you do receive or expect to receive a fairness letter, I would strongly suggest you engage an attorney to assist you. I can recommend someone who specializes in HIV medical inadmissibility cases and can point out a handful of other attorneys specializing in medical inadmissibility. A well formulated response to the fairness letter potentially will overcome the initial inadmissibility conclusion and ultimately lead to a successful conclusion. In addition, it will set the stage for a successful challenge to a negative decision.

If you are refused, you may challenge the refusal in Federal Court. That will require you have an attorney. CIC's track record in medical admissibility cases for FSW applications is not good - they lose about 75% of such cases according to my own review of case law. If you are interested, look up the following four decisions: Sapru, Rashid, Companioni and Ortiz at canlii.org. These are all on-point cases with respect to medical inadmissibility and the last two are specific to HIV (CIC lost both of those cases).

If you need more information, feel free to ask (I won't hand out attorney names in public, but will send them privately.) You don't have 10 posts yet, so you won't be able to send PMs.

Hello

I am in China, applied for a Canadian student visa, completed my medical exam and all subsequent HIV tests as recommended by my doctor, including Hepatitis B, Hepatitis C, Tuberculosis, viral load and CD4, as well as a specialist consultation report.
Since I need to arrive in Canada by the end of the spring semester in April in order to meet the requirement that at least 50% of my courses be completed in Canada. So I would like to ask you if you know how long it takes for the RMO to complete the evaluation after the medical examiner has uploaded all the results.

 

[canuck78]

Hello

I am in China, applied for a Canadian student visa, completed my medical exam and all subsequent HIV tests as recommended by my doctor, including Hepatitis B, Hepatitis C, Tuberculosis, viral load and CD4, as well as a specialist consultation report.
Since I need to arrive in Canada by the end of the spring semester in April in order to meet the requirement that at least 50% of my courses be completed in Canada. So I would like to ask you if you know how long it takes for the RMO to complete the evaluation after the medical examiner has uploaded all the results.

Students don't have the same medical inadmissibility level as PRs. Sounds like you have started studying without AIP or with AIP and not full approval which is always a bit risky. The rules about students needing to be in Canada for 50% have changed

 

[akunamachi]

hello. I am HIV positive. my partner is sponsoring me. Can someone share your experience with me please.

 

[HDU]

Hi,

I got approved 2 years ago. I have HIV with hep b co-infection.

Be prepared, the process takes a while but res assured everything is worth it. When they receive your wife’s medical they will ask you for the cost of the medication plus the prognosis of the patient in which your wife’s doctor has to write. At that time it would be great if her cd4 count is good and her viral load is undetectable.

I got approved and my medication cost ran around 16k. If the cost of her medication per year goes over the yearly threshold mandated by the government, they’ll send u a fairness letter. The fairness letter allows you to discuss how you’ll mitigate the cost of her medical care. In case you reach this stage I highly suggest you work with a lawyer.

I can give you my lawyer’s contact information if you need it. Just send me a PM

Hi, can I have your lawyers contact info ? I may need it .

 

[Reflection1992]

I am planning on migrating to Canada thru an agent and am HIV positive should I disclose it to my agent. Can I get a job an an international person who is on HIV medication for a long time now in my home country

 

[juhanjuhanjuhan]

I am planning on migrating to Canada thru an agent and am HIV positive should I disclose it to my agent. Can I get a job an an international person who is on HIV medication for a long time now in my home country

You do not have to disclose your HIV status to your agent but you should be honest on filling out the forms about your status and health condition.

 

[Taran D]

I am planning on migrating to Canada thru an agent and am HIV positive should I disclose it to my agent. Can I get a job an an international person who is on HIV medication for a long time now in my home country

The agent is filling your application and should know your history so that they file everything correctly and guide you accordingly. If you are not telling them the whole story and assuming that it will be fine, you are wrong. The agent can easily get away if something goes wrong that you hid the facts from them.

 

[Reflection1992]

Good day plz what is the outcome of ur situation. Am having the same case plz can u help me with the information u have and a lawyer if u have one.+2348059169600 am a Nigerian

 

[Reflection1992]

Hi, please how do I get ur lawyers contact. Thank you

I got approved 2 years ago. I have HIV with hep b co-infection.

Be prepared, the process takes a while but res assured everything is worth it. When they receive your wife’s medical they will ask you for the cost of the medication plus the prognosis of the patient in which your wife’s doctor has to write. At that time it would be great if her cd4 count is good and her viral load is undetectable.

I got approved and my medication cost ran around 16k. If the cost of her medication per year goes over the yearly threshold mandated by the government, they’ll send u a fairness letter. The fairness letter allows you to discuss how you’ll mitigate the cost of her medical care. In case you reach this stage I highly suggest you work with a lawyer.

I can give you my lawyer’s contact information if you need it. Just send me a PM