Procedural Fairness Letter for Medical

[man08]

Hi, My husband is permanent resident and I applied for spouse sponsorship. I am living in Canada. I received my medical exam request in September 2020. I gave my medical exam and after some days I received email from panel of physician regarding my chest x-ray for TB and they referred me to Chest-institute. Due to covid situation, I got the appointment from hospital in the third week of November and I did all my test. I was told by doctor that he will inform cic about what he is going to do. Also, they told me that the test they requested need sample to be kept for 2 months and I will receive my results in last week of January. Meanwhile, I received letter from cic telling me they ask for additional test and I need to contact my panel of physician. When I asked my panel of physician she told me they requested the same that you have done and you do not require to do anything. Today, I received letter from cic for Procedural Fairness for medical to prove I have done medical exam and I am not inadmissible for PR. Also the result of my test came out negative and my panel of physician received the test and they will be sending those to cic.

This is the following letter I received:


This letter refers to your application for permanent residence under the Spouse or Common-law
Partner in Canada class.
Subsection 16(1) of the Immigration and Refugee Protection Act states that a person who makes an
application must answer truthfully all questions put to them for the purpose of the examination and
must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Subsection 16(2)(b) of the Act indicates that in the case of a foreign national, subject to the
regulations, the foreign national must submit to a medical examination.
Section 38 of the Act states that:
38 (1) A foreign national is inadmissible on health grounds if their health condition
(a) is likely to be a danger to public health;
(b) is likely to be a danger to public safety; or
(c) might reasonably be expected to cause excessive demand on health or social
services.
(2) Paragraph (1)(c) does not apply in the case of a foreign national who
(a) has been determined to be a member of the family class and to be the spouse,
common-law partner or child of a sponsor within the meaning of the regulations;
(b) has applied for a permanent resident visa as a Convention refugee or a person in
similar circumstances;
(c) is a protected person; or
(d) is, where prescribed by the regulations, the spouse, common-law partner, child or other
family member of a foreign national referred to in any of paragraphs (a) to (c).
Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada by virtue of the fact that you have not provided evidence of completion of an
immigration medical examination.
Your immigration medical examination result has been received, however additional
information is required in order to complete the assessment. A letter with these instructions
Case Processing Centre Mississauga Centre de Traitement des Demandes Mississauga
Website: www.cic.gc.ca Site web: www.cic.gc.ca
was sent to you on December 9, 2020. To date the results of your initial medical examination are still outstanding.
Please contact the office of your Panel Physician who has received instructions for the additional tests to be performed. If you are unable to visit the Panel Physician who performed your initial medical examination, you should contact our office as soon as possible.
Subsection 21(1) of the Act states that a foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.
Additionally, subsection 72(1)(e)(i) of the Immigration and Refugee Protection Regulations states that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they and their family members, whether accompanying or not, are not inadmissible.
The onus is on you to satisfy me that you are not inadmissible and can therefore become a permanent resident. You must therefore provide proof that you and all of your dependents (if applicable) have completed an immigration medical examination conducted by a Panel Physician within thirty (30) days from the date of this letter. For more information on how to complete the medical examination, please visit www.cic.gc.ca/english/information/medical/medexams-perm.asp.
You may also send any additional information and/or documents which you consider might respond to this concern. If you choose not to respond or comply with this request, I will make my decision based on the information before me, which may result in the refusal of your application.

 

[Charleswin33]

Hi, My husband is permanent resident and I applied for spouse sponsorship. I am living in Canada. I received my medical exam request in September 2020. I gave my medical exam and after some days I received email from panel of physician regarding my chest x-ray for TB and they referred me to Chest-institute. Due to covid situation, I got the appointment from hospital in the third week of November and I did all my test. I was told by doctor that he will inform cic about what he is going to do. Also, they told me that the test they requested need sample to be kept for 2 months and I will receive my results in last week of January. Meanwhile, I received letter from cic telling me they ask for additional test and I need to contact my panel of physician. When I asked my panel of physician she told me they requested the same that you have done and you do not require to do anything. Today, I received letter from cic for Procedural Fairness for medical to prove I have done medical exam and I am not inadmissible for PR. Also the result of my test came out negative and my panel of physician received the test and they will be sending those to cic.

This is the following letter I received:


This letter refers to your application for permanent residence under the Spouse or Common-law
Partner in Canada class.
Subsection 16(1) of the Immigration and Refugee Protection Act states that a person who makes an
application must answer truthfully all questions put to them for the purpose of the examination and
must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Subsection 16(2)(b) of the Act indicates that in the case of a foreign national, subject to the
regulations, the foreign national must submit to a medical examination.
Section 38 of the Act states that:
38 (1) A foreign national is inadmissible on health grounds if their health condition
(a) is likely to be a danger to public health;
(b) is likely to be a danger to public safety; or
(c) might reasonably be expected to cause excessive demand on health or social
services.
(2) Paragraph (1)(c) does not apply in the case of a foreign national who
(a) has been determined to be a member of the family class and to be the spouse,
common-law partner or child of a sponsor within the meaning of the regulations;
(b) has applied for a permanent resident visa as a Convention refugee or a person in
similar circumstances;
(c) is a protected person; or
(d) is, where prescribed by the regulations, the spouse, common-law partner, child or other
family member of a foreign national referred to in any of paragraphs (a) to (c).
Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada by virtue of the fact that you have not provided evidence of completion of an
immigration medical examination.
Your immigration medical examination result has been received, however additional
information is required in order to complete the assessment. A letter with these instructions
Case Processing Centre Mississauga Centre de Traitement des Demandes Mississauga
Website: www.cic.gc.ca Site web: www.cic.gc.ca
was sent to you on December 9, 2020. To date the results of your initial medical examination are still outstanding.
Please contact the office of your Panel Physician who has received instructions for the additional tests to be performed. If you are unable to visit the Panel Physician who performed your initial medical examination, you should contact our office as soon as possible.
Subsection 21(1) of the Act states that a foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.
Additionally, subsection 72(1)(e)(i) of the Immigration and Refugee Protection Regulations states that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they and their family members, whether accompanying or not, are not inadmissible.
The onus is on you to satisfy me that you are not inadmissible and can therefore become a permanent resident. You must therefore provide proof that you and all of your dependents (if applicable) have completed an immigration medical examination conducted by a Panel Physician within thirty (30) days from the date of this letter. For more information on how to complete the medical examination, please visit www.cic.gc.ca/english/information/medical/medexams-perm.asp.
You may also send any additional information and/or documents which you consider might respond to this concern. If you choose not to respond or comply with this request, I will make my decision based on the information before me, which may result in the refusal of your application.

When did u send your application?

 

[armoured]

Hi, My husband is permanent resident and I applied for spouse sponsorship. I am living in Canada. I received my medical exam request in September 2020. I gave my medical exam and after some days I received email from panel of physician regarding my chest x-ray for TB and they referred me to Chest-institute. Due to covid situation, I got the appointment from hospital in the third week of November and I did all my test. I was told by doctor that he will inform cic about what he is going to do. Also, they told me that the test they requested need sample to be kept for 2 months and I will receive my results in last week of January. Meanwhile, I received letter from cic telling me they ask for additional test and I need to contact my panel of physician. When I asked my panel of physician she told me they requested the same that you have done and you do not require to do anything. Today, I received letter from cic for Procedural Fairness for medical to prove I have done medical exam and I am not inadmissible for PR. Also the result of my test came out negative and my panel of physician received the test and they will be sending those to cic.

This is the following letter I received:


This letter refers to your application for permanent residence under the Spouse or Common-law
Partner in Canada class.
Subsection 16(1) of the Immigration and Refugee Protection Act states that a person who makes an
application must answer truthfully all questions put to them for the purpose of the examination and
must produce a visa and all relevant evidence and documents that the officer reasonably requires.
Subsection 16(2)(b) of the Act indicates that in the case of a foreign national, subject to the
regulations, the foreign national must submit to a medical examination.
Section 38 of the Act states that:
38 (1) A foreign national is inadmissible on health grounds if their health condition
(a) is likely to be a danger to public health;
(b) is likely to be a danger to public safety; or
(c) might reasonably be expected to cause excessive demand on health or social
services.
(2) Paragraph (1)(c) does not apply in the case of a foreign national who
(a) has been determined to be a member of the family class and to be the spouse,
common-law partner or child of a sponsor within the meaning of the regulations;
(b) has applied for a permanent resident visa as a Convention refugee or a person in
similar circumstances;
(c) is a protected person; or
(d) is, where prescribed by the regulations, the spouse, common-law partner, child or other
family member of a foreign national referred to in any of paragraphs (a) to (c).
Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada by virtue of the fact that you have not provided evidence of completion of an
immigration medical examination.
Your immigration medical examination result has been received, however additional
information is required in order to complete the assessment. A letter with these instructions
Case Processing Centre Mississauga Centre de Traitement des Demandes Mississauga
Website: www.cic.gc.ca Site web: www.cic.gc.ca
was sent to you on December 9, 2020. To date the results of your initial medical examination are still outstanding.
Please contact the office of your Panel Physician who has received instructions for the additional tests to be performed. If you are unable to visit the Panel Physician who performed your initial medical examination, you should contact our office as soon as possible.
Subsection 21(1) of the Act states that a foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.
Additionally, subsection 72(1)(e)(i) of the Immigration and Refugee Protection Regulations states that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they and their family members, whether accompanying or not, are not inadmissible.
The onus is on you to satisfy me that you are not inadmissible and can therefore become a permanent resident. You must therefore provide proof that you and all of your dependents (if applicable) have completed an immigration medical examination conducted by a Panel Physician within thirty (30) days from the date of this letter. For more information on how to complete the medical examination, please visit www.cic.gc.ca/english/information/medical/medexams-perm.asp.
You may also send any additional information and/or documents which you consider might respond to this concern. If you choose not to respond or comply with this request, I will make my decision based on the information before me, which may result in the refusal of your application.

What's your question? Follow the instructions and contact panel physician to submit the information needed.

Also respond to them with whatever info you have and copies of docs from the medical, and à short note explaining that you have done and the panel physician should be submitting. If you have any correspondence with the physician, provide that too, and/or summary of dates when you spoke with them, etc.

 

[man08]

What's your question? Follow the instructions and contact panel physician to submit the information needed.

Also respond to them with whatever info you have and copies of docs from the medical, and à short note explaining that you have done and the panel physician should be submitting. If you have any correspondence with the physician, provide that too, and/or summary of dates when you spoke with them, etc.

Thank you for the response. My panel of physician asked for the last xray on 5th Feb and I have done that on 9th feb. On 10th feb, they provided me the sheet with all the medical test completed and on 11th feb the status of my medical exam is now medical passed. What should I send the response to the procedural fairness letter? Should I just provide the proof from my panel of physician that all the test are done now or still I need to send the detailed response with the emails from panel of physician? Should I also mention that I passed the medical exam?

 

[armoured]

Thank you for the response. My panel of physician asked for the last xray on 5th Feb and I have done that on 9th feb. On 10th feb, they provided me the sheet with all the medical test completed and on 11th feb the status of my medical exam is now medical passed. What should I send the response to the procedural fairness letter? Should I just provide the proof from my panel of physician that all the test are done now or still I need to send the detailed response with the emails from panel of physician? Should I also mention that I passed the medical exam?

When did you get the procedural fairness letter?

 

[armoured]

Thank you for the response. My panel of physician asked for the last xray on 5th Feb and I have done that on 9th feb. On 10th feb, they provided me the sheet with all the medical test completed and on 11th feb the status of my medical exam is now medical passed. What should I send the response to the procedural fairness letter? Should I just provide the proof from my panel of physician that all the test are done now or still I need to send the detailed response with the emails from panel of physician? Should I also mention that I passed the medical exam?

As above, I'm not really clear on the dates and timeline, but it appears you got the procedural fairness letter in between the time you took the second exam and the date the panel physician submitted the results - and after that it showed in gckey as passed. Did I understand that correctly?

If so, would suggest you respond to the PFL right away giving them the dates and stating that the panel physician has submitted and it appears to have passed, do they need anything more? And include in your response/submission at least some of the documentation from the follow-up exam.

You'll have to decide which information is the best to include - I would say at minimum the sheet of the medical exam and can't hurt to include a screenshot or print-out of the page that shows medical passed. (Don't know about all the emails and other docs, but if there are any that are particularly specific, perhaps).

Overall this sounds like the timing of the PFL was just a bit off, and you should just respond to make sure that they have noted that the PFL requirements have been met.

 

[man08]

As above, I'm not really clear on the dates and timeline, but it appears you got the procedural fairness letter in between the time you took the second exam and the date the panel physician submitted the results - and after that it showed in gckey as passed. Did I understand that correctly?

If so, would suggest you respond to the PFL right away giving them the dates and stating that the panel physician has submitted and it appears to have passed, do they need anything more? And include in your response/submission at least some of the documentation from the follow-up exam.

You'll have to decide which information is the best to include - I would say at minimum the sheet of the medical exam and can't hurt to include a screenshot or print-out of the page that shows medical passed. (Don't know about all the emails and other docs, but if there are any that are particularly specific, perhaps).

Overall this sounds like the timing of the PFL was just a bit off, and you should just respond to make sure that they have noted that the PFL requirements have been met.

I got the the request to do the final xray on 5th feb that was friday so I got the appointment for tuesday(9th feb) to do the xray but got the PFL on Monday 8th feb. A day before i did the last xray I got the PFL.

 

[armoured]

I got the the request to do the final xray on 5th feb that was friday so I got the appointment for tuesday(9th feb) to do the xray but got the PFL on Monday 8th feb. A day before i did the last xray I got the PFL.

So as above, you got the PFL before it was complete and the results submitted. Just inform IRCC

 

[man08]

So as above, you got the PFL before it was complete and the results submitted. Just inform IRCC

I send all the information on monday from case specific enquiry form. Just wondering if there is any other way to send document as it will take them 30-35days to respond and I didnot get any acknowledgement of receipt of document. I am already provided with 30 days.