On Medical Inadmissibility & Excessive Demand

[AlexFromHK]

Hi folks! Greetings from HK.

As the political situation is getting worse and worse day by day in HK, my girlfriend and I had begun to look into different immigration options, and have finally decided on Canada. As I was a university graduate from the last 5 years, I am qualified for the 3-year OWP under the special HK pathway. Since my girlfriend is not, we planned to get married in the next 2 years and she will come with me to Canada with a SOWP.

However, things started to get complicated as we look into the different kinds of reasons for inadmissibility. My girlfriend has a very rare disease called PNH (originally Aplastic Anemia, but recovered and turned in to PNH). Even though she has been working in a full-time job ever since she had graduated from associate college, she needs a blood transfusion (1-2 units) every 4 weeks and depending on the situation, she might also need to lower her iron level with another injection. Folic acid tablet is the only medicine she takes daily. Please note that she is not on Eculizumab which is an insanely expensive treatment for the disease (Annual cost of $728,136 per patient).

I know that the chance for her to pass the medical exam is slim, but I still want to ask you all for advice on what we could do/try. Should we:
1. Go with the original plan and see if she gets approved;
2. I come to Canada first and after I obtain PR, sponsor her to come to Canada;
- Following the last question, can she come as a visitor? Approximately how much would the above medical treatments be likely to cost annually?

Please let me know what you guys think. Many thanks!

 

[canuck78]

Hi folks! Greetings from HK.

As the political situation is getting worse and worse day by day in HK, my girlfriend and I had begun to look into different immigration options, and have finally decided on Canada. As I was a university graduate from the last 5 years, I am qualified for the 3-year OWP under the special HK pathway. Since my girlfriend is not, we planned to get married in the next 2 years and she will come with me to Canada with a SOWP.

However, things started to get complicated as we look into the different kinds of reasons for inadmissibility. My girlfriend has a very rare disease called PNH (originally Aplastic Anemia, but recovered and turned in to PNH). Even though she has been working in a full-time job ever since she had graduated from associate college, she needs a blood transfusion (1-2 units) every 4 weeks and depending on the situation, she might also need to lower her iron level with another injection. Folic acid tablet is the only medicine she takes daily. Please note that she is not on Eculizumab which is an insanely expensive treatment for the disease (Annual cost of $728,136 per patient).

I know that the chance for her to pass the medical exam is slim, but I still want to ask you all for advice on what we could do/try. Should we:
1. Go with the original plan and see if she gets approved;
2. I come to Canada first and after I obtain PR, sponsor her to come to Canada;
- Following the last question, can she come as a visitor? Approximately how much would the above medical treatments be likely to cost annually?

Please let me know what you guys think. Many thanks!

Very tough to say what will happen. She may not qualify for SOWP so you could end up being separated for multiple years. Although not currently on eculizumab if there is a possibility that she could be put on it in the next 5-10 years or need a stem cells transplant that would likely make her medically inadmissible. Very hard to say how much her treatment will cost and whether she will find a doctor/clinic willing to treat her longterm as a visitor. As a preexisting condition you will need to pay out of pocket. The healthcare system has been severely affected by covid so there are even longer backlogs in the health systems and those with provincial insurance will always be prioritized. She may not find a haematologist willing/able to see her for ongoing care.

 

[canuck78]

Hi folks! Greetings from HK.

As the political situation is getting worse and worse day by day in HK, my girlfriend and I had begun to look into different immigration options, and have finally decided on Canada. As I was a university graduate from the last 5 years, I am qualified for the 3-year OWP under the special HK pathway. Since my girlfriend is not, we planned to get married in the next 2 years and she will come with me to Canada with a SOWP.

However, things started to get complicated as we look into the different kinds of reasons for inadmissibility. My girlfriend has a very rare disease called PNH (originally Aplastic Anemia, but recovered and turned in to PNH). Even though she has been working in a full-time job ever since she had graduated from associate college, she needs a blood transfusion (1-2 units) every 4 weeks and depending on the situation, she might also need to lower her iron level with another injection. Folic acid tablet is the only medicine she takes daily. Please note that she is not on Eculizumab which is an insanely expensive treatment for the disease (Annual cost of $728,136 per patient).

I know that the chance for her to pass the medical exam is slim, but I still want to ask you all for advice on what we could do/try. Should we:
1. Go with the original plan and see if she gets approved;
2. I come to Canada first and after I obtain PR, sponsor her to come to Canada;
- Following the last question, can she come as a visitor? Approximately how much would the above medical treatments be likely to cost annually?

Please let me know what you guys think. Many thanks!

Want to verify that you haven't lived with your girlfriend for a year.

 

[scylla]

Hi folks! Greetings from HK.

As the political situation is getting worse and worse day by day in HK, my girlfriend and I had begun to look into different immigration options, and have finally decided on Canada. As I was a university graduate from the last 5 years, I am qualified for the 3-year OWP under the special HK pathway. Since my girlfriend is not, we planned to get married in the next 2 years and she will come with me to Canada with a SOWP.

However, things started to get complicated as we look into the different kinds of reasons for inadmissibility. My girlfriend has a very rare disease called PNH (originally Aplastic Anemia, but recovered and turned in to PNH). Even though she has been working in a full-time job ever since she had graduated from associate college, she needs a blood transfusion (1-2 units) every 4 weeks and depending on the situation, she might also need to lower her iron level with another injection. Folic acid tablet is the only medicine she takes daily. Please note that she is not on Eculizumab which is an insanely expensive treatment for the disease (Annual cost of $728,136 per patient).

I know that the chance for her to pass the medical exam is slim, but I still want to ask you all for advice on what we could do/try. Should we:
1. Go with the original plan and see if she gets approved;
2. I come to Canada first and after I obtain PR, sponsor her to come to Canada;
- Following the last question, can she come as a visitor? Approximately how much would the above medical treatments be likely to cost annually?

Please let me know what you guys think. Many thanks!

Her condition will almost certainly put her above the excessive demand threshold which would create inadmissibility issues for an economic immigration application.

Assuming you have not yet lived together for a year, best option would be for you to come to Canada alone and get PR as a single individual, then after that marry her and sponsor her to Canada.

I would not recommend coming to Canada as a visitor. She should only come to Canada on either a work permit or once she has PR and has access to provincial health care coverage. She may have trouble getting treatment as only a visitor in Canada.

 

[AlexFromHK]

Very tough to say what will happen. She may not qualify for SOWP so you could end up being separated for multiple years. Although not currently on eculizumab if there is a possibility that she could be put on it in the next 5-10 years or need a stem cells transplant that would likely make her medically inadmissible. Very hard to say how much her treatment will cost and whether she will find a doctor/clinic willing to treat her longterm as a visitor. As a preexisting condition you will need to pay out of pocket. The healthcare system has been severely affected by covid so there are even longer backlogs in the health systems and those with provincial insurance will always be prioritized. She may not find a haematologist willing/able to see her for ongoing care.

Many thanks for your reply. No, we haven't been living together for a year. I believe we will definitely receive a Procedural Fairness Letter along the way. Do you think hiring a Canadian immigration lawyer is a good idea?

 

[AlexFromHK]

Her condition will almost certainly put her above the excessive demand threshold which would create inadmissibility issues for an economic immigration application.

Assuming you have not yet lived together for a year, best option would be for you to come to Canada alone and get PR as a single individual, then after that marry her and sponsor her to Canada.

I would not recommend coming to Canada as a visitor. She should only come to Canada on either a work permit or once she has PR and has access to provincial health care coverage. She may have trouble getting treatment as only a visitor in Canada.

Many thanks for your reply. No, we haven't been living together for a year. I understand that it would be more feasible for me to get PR first then sponsor her, but separation for multiple years would for sure be a big challenge for us (as for other couples/family). So if possible, we would like to explore if there are any other options first.

I have talked to a local consultant and they recommended she could try applying for a Study Permit and see how it turns out. Do you think it is also worth trying? Many many thanks!

 

[canuck78]

Many thanks for your reply. No, we haven't been living together for a year. I believe we will definitely receive a Procedural Fairness Letter along the way. Do you think hiring a Canadian immigration lawyer is a good idea?

As long as you never live together for a year your best option is to try and get an OWP through the HK program, get PR and then sponsor your spouse. You should know going in that you may be separated for multiple years. Would hire a lawyer if you ever get a pfl.

 

[GandiBaat]

Many thanks for your reply. No, we haven't been living together for a year. I understand that it would be more feasible for me to get PR first then sponsor her, but separation for multiple years would for sure be a big challenge for us (as for other couples/family). So if possible, we would like to explore if there are any other options first.

I have talked to a local consultant and they recommended she could try applying for a Study Permit and see how it turns out. Do you think it is also worth trying? Many many thanks!

As much as I know, spouse or common-law under family class has waiver from excess demand.

https://www.canada.ca/en/immigratio...cal-requirements/exam/medical-exemptions.html

Look at those exemptions.

That being said, a marriage of convenience is often detected and routinely rejected. So, be careful and consult a lawyer. If your girlfriend has been living with you in a "marriage like" setting (common-law), then you may end up being accused of mis-representing your case by saying that you were unmarried or were not in a common-law marriage. Tread carefully and consult a professional.

 

[canuck78]

As much as I know, spouse or common-law under family class has waiver from excess demand.

https://www.canada.ca/en/immigratio...cal-requirements/exam/medical-exemptions.html

Look at those exemptions.

That being said, a marriage of convenience is often detected and routinely rejected. So, be careful and consult a lawyer. If your girlfriend has been living with you in a "marriage like" setting (common-law), then you may end up being accused of mis-representing your case by saying that you were unmarried or were not in a common-law marriage. Tread carefully and consult a professional.

If you live in a common law relationship you would need to declare your common law partner in your initial express entry PR application.

 

[GandiBaat]

If you live in a common law relationship you would need to declare your common law partner in your initial express entry PR application.

Indeed.
The corollary is that IF you did not declare that person then you might be committing misrepresentation of your situation.
It sort of cuts both way.

 

[canuck78]

Indeed.
The corollary is that IF you did not declare that person then you might be committing misrepresentation of your situation.
It sort of cuts both way.

It's not a catch 22. You are told that you must declare if you are common law or married.

 

[AlexFromHK]

It's not a catch 22. You are told that you must declare if you are common law or married.

The real estate prices in HK make it almost impossible for young couples to live together, both in terms of renting or buying. We may stay over at each other's home from time to time, but I would not say it is a cohabitation. We still use our parent's house as the mailing address, to say the least.

 

[scylla]

Many thanks for your reply. No, we haven't been living together for a year. I understand that it would be more feasible for me to get PR first then sponsor her, but separation for multiple years would for sure be a big challenge for us (as for other couples/family). So if possible, we would like to explore if there are any other options first.

I have talked to a local consultant and they recommended she could try applying for a Study Permit and see how it turns out. Do you think it is also worth trying? Many many thanks!

She can certainly try for a study permit independently. She should make sure the studies she plans to take in Canada show a progression in her studies and make sense in light of her previous work experience and education.

 

[canuck78]

She can certainly try for a study permit independently. She should make sure the studies she plans to take in Canada show a progression in her studies and make sense in light of her previous work experience and education.

Medical costs may still be a factor in her approval.

 

[AlexFromHK]

She can certainly try for a study permit independently. She should make sure the studies she plans to take in Canada show a progression in her studies and make sense in light of her previous work experience and education.

Thanks for the reminder. I believe she could find a lot of programmes in Canada that are conducive to her future career. Regarding the medical aspect, I assume under Study Permit, she would need to undergo the same medical exam right? Does medical inadmissibility apply in the same way or is it possible for her to stay and study if she could afford her own medical expenses?