On Medical Inadmissibility & Excessive Demand

[scylla]

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?

Yes - she will need to take a medical and it's quite possible the study permit could be refused due to her medical condition.

 

[AlexFromHK]

Yes - she will need to take a medical and it's quite possible the study permit could be refused due to her medical condition.

Same procedure? PFL then accept/reject letter?

Judging from the above, it seems that I have 2-3 options. Please let me know what you guys think. Thank you!

Options​	Pros​	Cons​	Questions to be addressed​
I apply for a 3-year OWP via HK pathway as an individual I apply for PR after obtaining 1 year of working experience in Canada I marry my girlfriend which makes her my spouse I sponsor her	Highest chance of success Lowest cost involved since we don't need to engage a Canadian immigration lawyer for medical inadmissibility	Years of separation Family planning would be greatly affected if we want to have children	If there are any other arrangements that could let her stay in Canada temporarily, with medical expenses covered by us Medical arrangements will need to be perfectly lined up before landing, e,g, haematologists willing to provide services If a temporary stay is possible, we would need to be very careful that we wouldn't fall into a common-law partner, which would affect my chance of becoming a PR What if she got pregnant during her stay in Canada? How long does it normally take for me to get a PR and sponsor her?
We got married I apply for a 3-year OWP via HK pathway & my spouse apply for a SOWP We receive a PFL then engage a Canadian immigration lawyer for the reply To be notified if the application is successful	If the application is successful, we could go to Canada together from day 1	Lower chance of success Getting married first would mean that if she is inadmissible, I am too, which basically closes the door for future application More cost involved	The estimated fee for engaging a Canadian immigration lawyer Any similar cases of successful appeals
My girlfriend applies for a study permit She receives a PFL then engage a Canadian immigration lawyer for the reply To be notified if the application is successful I apply a 3-year OWP via HK pathway as an individual If my girlfriend's application is successful, we go together; if not, I would follow the steps in option 1	Still high chance of success Can test if my girlfriend is medically inadmissible without affecting my chance of getting a PR	More cost involved If her application is not successful, still years of separation & family planning would be greatly affected if we want to have children	Would an unsuccessful application of Study Permit affect the chance of her getting sponsored by me in the future?

 

[canuck78]

Same procedure? PFL then accept/reject letter?

Judging from the above, it seems that I have 2-3 options. Please let me know what you guys think. Thank you!

Options​	Pros​	Cons​	Questions to be addressed​
I apply for a 3-year OWP via HK pathway as an individual I apply for PR after obtaining 1 year of working experience in Canada I marry my girlfriend which makes her my spouse I sponsor her	Highest chance of success Lowest cost involved since we don't need to engage a Canadian immigration lawyer for medical inadmissibility	Years of separation Family planning would be greatly affected if we want to have children	If there are any other arrangements that could let her stay in Canada temporarily, with medical expenses covered by us Medical arrangements will need to be perfectly lined up before landing, e,g, haematologists willing to provide services If a temporary stay is possible, we would need to be very careful that we wouldn't fall into a common-law partner, which would affect my chance of becoming a PR What if she got pregnant during her stay in Canada? How long does it normally take for me to get a PR and sponsor her?
We got married I apply for a 3-year OWP via HK pathway & my spouse apply for a SOWP We receive a PFL then engage a Canadian immigration lawyer for the reply To be notified if the application is successful	If the application is successful, we could go to Canada together from day 1	Lower chance of success Getting married first would mean that if she is inadmissible, I am too, which basically closes the door for future application More cost involved	The estimated fee for engaging a Canadian immigration lawyer Any similar cases of successful appeals
My girlfriend applies for a study permit She receives a PFL then engage a Canadian immigration lawyer for the reply To be notified if the application is successful I apply a 3-year OWP via HK pathway as an individual If my girlfriend's application is successful, we go together; if not, I would follow the steps in option 1	Still high chance of success Can test if my girlfriend is medically inadmissible without affecting my chance of getting a PR	More cost involved If her application is not successful, still years of separation & family planning would be greatly affected if we want to have children	Would an unsuccessful application of Study Permit affect the chance of her getting sponsored by me in the future?

Medical inadmissibility rules for PRs are often less flexible for work or study permits. Depending on the province you will either have access to a provincial health plan or an international student plan. Because students tend to be young and most don't have serious medical conditions coverage amounts can be quite low. There are also no guarantees that her condition not get worse or that a Canadian doctor recommend a more expensive treatment plan. If you both move to Canada I assume you will become common law so there is risk involved. It's purely your decision. Option 1 provides the safest option but likely time apart. It's unclear how long it will take to secure a job and time until approval of PR depends on what program you apply for. If you GF gets pregnant as a visitor and you are not common law she would not have health coverage in most provinces.

 

[AlexFromHK]

Medical inadmissibility rules for PRs are often less flexible for work or study permits. Depending on the province you will either have access to a provincial health plan or an international student plan. Because students tend to be young and most don't have serious medical conditions coverage amounts can be quite low. There are also no guarantees that her condition not get worse or that a Canadian doctor recommend a more expensive treatment plan. If you both move to Canada I assume you will become common law so there is risk involved. It's purely your decision. Option 1 provides the safest option but likely time apart. It's unclear how long it will take to secure a job and time until approval of PR depends on what program you apply for. If you GF gets pregnant as a visitor and you are not common law she would not have health coverage in most provinces.

Thanks for your reply!

Since more details on the HK pathway are still not yet announced (e.g. what types of work are qualified), I guess there is no point in estimating the time for PR processing for now.

Just out of curiosity, Is EE a possible way for us in addition to the above options? I took a time off from immigration planning last week and suddenly I thought of EE as an alternative. Although much harder than the HK pathway, I believe EE could secure myself a PR before arriving in Canada? Is it ok for me to apply for spouse sponsorship soon after I got married (and got PR)?

 

[canuck78]

Thanks for your reply!

Since more details on the HK pathway are still not yet announced (e.g. what types of work are qualified), I guess there is no point in estimating the time for PR processing for now.

Just out of curiosity, Is EE a possible way for us in addition to the above options? I took a time off from immigration planning last week and suddenly I thought of EE as an alternative. Although much harder than the HK pathway, I believe EE could secure myself a PR before arriving in Canada? Is it ok for me to apply for spouse sponsorship soon after I got married (and got PR)?

You would need to land in Canada and return to get married if you get PR via EE.

 

[AlexFromHK]

You would need to land in Canada and return to get married if you get PR via EE.

Yes, I am aware of this. But in theory, the time for separation should be greatly minimised?

 

[canuck78]

Yes, I am aware of this. But in theory, the time for separation should be greatly minimised?

Not really. You will still run into the issue of the lack of routine healthcare in most provinces if your future spouse is able to enter Canada as a visitor.

 

[AlexFromHK]

Not really. You will still run into the issue of the lack of routine healthcare in most provinces if your future spouse is able to enter Canada as a visitor.

Sorry, I am not very familiar with EE. I thought through this successful applicants can get their PR right when they landed in Canada...

 

[canuck78]

Sorry, I am not very familiar with EE. I thought through this successful applicants can get their PR right when they landed in Canada...

If you get PR via an economic immigration pathway (EE) and then get married you still need to sponsor your spouse which takes around a year. If you sponsor inland with an OWP depending on the province your spouse may only qualify for healthcare once they get an OWP (4ish months before covid although longer now) and get a full-time job. There may be a wait time of up to 3 months on top of this. You would need to ensure that she could get treatment and you could pay for treatment during that time. If you sponsored outland she would only have to wait up to 3 months to get health coverage depending on where you live.

 

[AlexFromHK]

If you get PR via an economic immigration pathway (EE) and then get married you still need to sponsor your spouse which takes around a year. If you sponsor inland with an OWP depending on the province your spouse may only qualify for healthcare once they get an OWP (4ish months before covid although longer now) and get a full-time job. There may be a wait time of up to 3 months on top of this. You would need to ensure that she could get treatment and you could pay for treatment during that time. If you sponsored outland she would only have to wait up to 3 months to get health coverage depending on where you live.

Yes, I understand that spouse sponsorship will also take quite some time. But in comparison to option 1 that I mentioned above, EE could save me at least 1-year-time (working in Canada for 1 year before applying PR), right? If it really works out this way, I will need to start improving my chance of getting invited via EE asap (before reaching 30). Many thanks for keep answering my questions, by the way. Really appreciate it!

 

[canuck78]

Yes, I understand that spouse sponsorship will also take quite some time. But in comparison to option 1 that I mentioned above, EE could save me at least 1-year-time (working in Canada for 1 year before applying PR), right? If it really works out this way, I will need to start improving my chance of getting invited via EE asap (before reaching 30). Many thanks for keep answering my questions, by the way. Really appreciate it!

Hope Canada works out where it’s all about your body, your choice although I am aware that some families in Canada don’t follow this motto the law does protect your ability to make your own choices about your body.