Procedural fairness letter - medical grounds - need advice for lawyers

[PrabhjeetM]

my father in law had same issue, i did not hire a lawyer to prove that he do not need dialysis and their ,medical was approved recently. you need docs from doctors indication how he is doing and mention that he do not need dialysis

Thank you Rimpy for the response. yes, Lawyers are extremely expensive, i called couple of them today (1 in Edmonton and other one Belissimo from Toronto) they are indicating around 5 to 10K fees with no guarantee. Can we please connect over email or over the phone and i can take get some advise from you. Thank you again in advance

 

[YVR123]

Thank you Rimpy for the response. yes, Lawyers are extremely expensive, i called couple of them today (1 in Edmonton and other one Belissimo from Toronto) they are indicating around 5 to 10K fees with no guarantee. Can we please connect over email or over the phone and i can take get some advise from you. Thank you again in advance

As others had replied, your case is more complicated. No lawyer can guarantee anything. Do you have a doctor that have already written a report about his current condition and proof that he will not need excessive medical demand in the coming 10 years?
If his condition is really serious, no lawyer/doctor can change this fact.

Diagnosed with - Chronic Kidney Disease, HTN, DM T2, Impaired Vision.

 

[canuck78]

Thank you Rimpy for the response. yes, Lawyers are extremely expensive, i called couple of them today (1 in Edmonton and other one Belissimo from Toronto) they are indicating around 5 to 10K fees with no guarantee. Can we please connect over email or over the phone and i can take get some advise from you. Thank you again in advance

If you want the best chance of approval you should get the help of a lawyer that has experience with cases where individual has been flagged as likely causing excessive use of the healthcare system. The big issue is that his diabetes has affected numerous body system already and so is at risk of dialysis, amputation/wound care issues, blindness, heart attacks, etc. What is his A1C? Is the diabetes well controlled?

 

[ItsCrazyOutHere]

Dialysis is an excessive demand on the system. Panel physicians look at the long term (5-10 years away) not just how he feels right now. So will he need dialysis or a transplant? He can’t ship medicine into Canada. I don’t know a lawyer but this is not something that will be resolved anytime soon. It could take months or years for a decision. The moderators, Cohen Immigration, are in the link above.

You can ship medicine into Canada through courier services as long as you're a temporary resident like a student or worker. Health Canada, FedEx Canada and several other official sources confirm this. Unless you're talking about as a citizen, in which case you would be right.

 

[canuck78]

You can ship medicine into Canada through courier services as long as you're a temporary resident like a student or worker. Health Canada, FedEx Canada and several other official sources confirm this. Unless you're talking about as a citizen, in which case you would be right.

That’s not correct. You can try to ship medication but it can be confiscated. You can only bring in a 3 month supply. If you could ship medication people could order from a country where medication is much more inexpensive and bypass all the pricing and patent rules in Canada. Not sure why you think that especially students and workers would be exempt from the medication access and pricing in Canada.

 

[ItsCrazyOutHere]

That’s not correct. You can try to ship medication but it can be confiscated. You can only bring in a 3 month supply. If you could ship medication people could order from a country where medication is much more inexpensive and bypass all the pricing and patent rules in Canada. Not sure why you think that especially students and workers would be exempt from the medication access and pricing in Canada.

https://www.fedex.com/en-ca/shipping-services/international/regulatory/prescription-reminder.html

https://www.canada.ca/en/health-canada/services/drugs-health-products/compliance-enforcement/importation-exportation/personal-use-health-products-guidance/document.html

FedEx and Health Canada say that as long as you have a valid work/study permit (which both fall under the temporary residency category), you're entitled to ship prescription meds as long as they are 3 months worth, come with a doctor's report and state very visibly that they are going to a temporary resident. It would be confiscated in any other case.

I recently got a PFL for my status and I was asked to prove that I wouldn't cause excessive demand on the healthcare system. I get my ARVs for free here and I hired an immigration consultant which helped me make a mitigation plan that included a note from my healthcare provider and pages from FedEx/Health Canada, creating a plan around the mailing of prescription medications. Why would official sources say any of these if it weren't accurate?

As a backup plan, I also said I would pay the $3,900 balance to acquire the medication from my school healthcare should that plan not be feasible for the medical officer. But given what is very clearly stated there, it would be bizarre if it wasn't true. It would be indisputably misleading.

 

[canuck78]

https://www.fedex.com/en-ca/shipping-services/international/regulatory/prescription-reminder.html

https://www.canada.ca/en/health-canada/services/drugs-health-products/compliance-enforcement/importation-exportation/personal-use-health-products-guidance/document.html

FedEx and Health Canada say that as long as you have a valid work/study permit (which both fall under the temporary residency category), you're entitled to ship prescription meds as long as they are 3 months worth, come with a doctor's report and state very visibly that they are going to a temporary resident. It would be confiscated in any other case.

I recently got a PFL for my status and I was asked to prove that I wouldn't cause excessive demand on the healthcare system. I get my ARVs for free here and I hired an immigration consultant which helped me make a mitigation plan that included a note from my healthcare provider and pages from FedEx/Health Canada, creating a plan around the mailing of prescription medications. Why would official sources say any of these if it weren't accurate?

As a backup plan, I also said I would pay the $3,900 balance to acquire the medication from my school healthcare should that plan not be feasible for the medical officer. But given what is very clearly stated there, it would be bizarre if it wasn't true. It would be indisputably misleading.

I was unaware that rules had been updated and now visitors may import a 3 month supply every 3 months although they can always still be confiscated. Students and workers are legally considered residents so I don’t understand why they would be given an exemption. Unfortunately there are sometimes errors between differnt government departments. If you qualify for healthcare there is nothing stopping you from accessing the care in Canada legally. Your argument that you would import medication is usually denied since there would be nothing stopping you from accessing ARVs through any program in Canada. As a student or worker you can access ARVs through numerous programs in Canada even if you don’t have a drug plan through your school or workplace.

 

[ItsCrazyOutHere]

I was unaware that rules had been updated and now visitors may import a 3 month supply every 3 months although they can always still be confiscated. Students and workers are legally considered residents so I don’t understand why they would be given an exemption. Unfortunately there are sometimes errors between differnt government departments. If you qualify for healthcare there is nothing stopping you from accessing the care in Canada legally. Your argument that you would import medication is usually denied since there would be nothing stopping you from accessing ARVs through any program in Canada. As a student or worker you can access ARVs through numerous programs in Canada even if you don’t have a drug plan through your school or workplace.

Personally, I don't see why medication should be confiscated unless they don't meet the requirements set by Health Canada.

Also, students and workers are not entirely residents who are entitled to all healthcare services a citizen is entitled to. I suppose it offsets responsibilities on the government's part to have them bring in their own medication especially if it's a long-term plan and they won't be staying in Canada for more than 4-5 years (which is the whole point of being a student or worker. Home ties.)

My argument of having my medication mailed to me being denied will be a tad ridiculous since access to ARVs are not free in all provinces. Ontario doesn't provide them for free and so why would I stop my current access to free ARVs to pay almost $4k to get them in Canada?

Nevertheless, that's why I attached substantial finances to show and establish that I can pay the balance of what tips my medication cost over the threshold. I did my best to address every major way of accessing the medication without causing a strain on the healthcare system.

 

[ItsCrazyOutHere]

I

I was unaware that rules had been updated and now visitors may import a 3 month supply every 3 months although they can always still be confiscated. Students and workers are legally considered residents so I don’t understand why they would be given an exemption. Unfortunately there are sometimes errors between differnt government departments. If you qualify for healthcare there is nothing stopping you from accessing the care in Canada legally. Your argument that you would import medication is usually denied since there would be nothing stopping you from accessing ARVs through any program in Canada. As a student or worker you can access ARVs through numerous programs in Canada even if you don’t have a drug plan through your school or workplace.

I passed my medicals today. Guess my plan is feasible enough.

 

[chintaktank]

Hi,

I sponsored my parents in PGP program in Jan 2015 and my father received a procedural fairness letter last week on medical grounds. He has chronic kidney disease 4, diabetes and heart condition which has been stable with medications.
Can someone please help in guiding how to respond to the fairness letter or recommend good immigration lawyers who have dealt with similar cases in the past.

Thanks so much.

Has your Father Got a PR?

 

[MARJEB]

I applied to sponsor my parents in 2019, and due to my father's kidney failure stage 4, we received a procedural fairness letter. My parents live in the UK, and the medical reports were very clear. The specialist indicated that my father will need to start dialysis within the next two years.
I really don't know how to respond to the letter. I feel I cannot fight the fact that my father is unwell, and he will eventually need dialysis. Furthermore, dialysis would be an expensive treatment and would cost more than the assigned threshold per person.
I had a consultation with a layer, and it was hopeless. He was unable to provide any useful advise on how to respond to the letter. He asked me to fight the cost for dialysis. I honestly don't think this is the right thing, because the cost they notes was reasonable.
Please share your experience and help me respond to their letter in the right way so the case doesn't get rejected.
I heard many complements about Bellissimo Law Firm . Does anyone know how much they charge to help with the fairness letter?
Many thanks!

 

[scylla]

I applied to sponsor my parents in 2019, and due to my father's kidney failure stage 4, we received a procedural fairness letter. My parents live in the UK, and the medical reports were very clear. The specialist indicated that my father will need to start dialysis within the next two years.
I really don't know how to respond to the letter. I feel I cannot fight the fact that my father is unwell, and he will eventually need dialysis. Furthermore, dialysis would be an expensive treatment and would cost more than the assigned threshold per person.
I had a consultation with a layer, and it was hopeless. He was unable to provide any useful advise on how to respond to the letter. He asked me to fight the cost for dialysis. I honestly don't think this is the right thing, because the cost they notes was reasonable.
Please share your experience and help me respond to their letter in the right way so the case doesn't get rejected.
I heard many complements about Bellissimo Law Firm . Does anyone know how much they charge to help with the fairness letter?
Many thanks!

I don't know how much they charge.

Being on dialysis puts someone well above excessive demand. To have a strong argument, I think you would want to be able to convince IRCC that your father's health is good enough that he won't require dialysis for 5-10 years.

Good luck.

 

[MARJEB]

I don't know how much they charge.

Being on dialysis puts someone well above excessive demand. To have a strong argument, I think you would want to be able to convince IRCC that your father's health is good enough that he won't require dialysis for 5-10 years.

Good luck.

Unfortunately I cannot say that. The specialist did note that y dad will start dialysis within the next 12-18 months. It's all in the medical reports. This is why I feel I cannot find their medical assessment. All I have is the humanitarian aspect and I know it's too week of an argument.

 

[scylla]

Unfortunately I cannot say that. The specialist did note that y dad will start dialysis within the next 12-18 months. It's all in the medical reports. This is why I feel I cannot find their medical assessment. All I have is the humanitarian aspect and I know it's too week of an argument.

Good luck.

 

[canuck78]

Unfortunately I cannot say that. The specialist did note that y dad will start dialysis within the next 12-18 months. It's all in the medical reports. This is why I feel I cannot find their medical assessment. All I have is the humanitarian aspect and I know it's too week of an argument.

Is there a specific H&C argument. If they live in the UK they have access to good medical care so that’s not an argument. How many children do they have and where do they live In the world?