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Reason for PR application rejection on medical grounds

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
It's not just about luck - it's also about presenting a solid and convincing case to CIC.
 

kumar2263

Star Member
Aug 1, 2013
79
7
Category........
Visa Office......
NDVO
NOC Code......
2263
Job Offer........
Pre-Assessed..
App. Filed.......
May 22, 2013
Doc's Request.
ALL DONE AT A TIME
Nomination.....
N/A
AOR Received.
October 10, 2013
File Transfer...
October 8, 2013
Med's Request
January 3, 2014
Med's Done....
January 6, 2014, 3rd line updated (medicals received) on April 17, 2014
Interview........
Waived...
Passport Req..
January 3, 2014 (received by VO on Jan 11, 2014)
VISA ISSUED...
April 28, 2014 (DM), May 2, 2014 (copr & ppts)
LANDED..........
THIS YEAR, Mostly in August
Hi friends,

I applied for PR under skilled worker in 2013. I am from India. I got medical request on Jan 3rd. We did medicals (including wife and 1 kid) on Jan 6th. I came to know from DMP on Jan 15th that in my family I got furtherance (principal applicant) for sputum test for TB. I underwent sputum testing 3 days in Jan. Now in March I got results wherein all 3 sputum stains are negative, but in the 3 cultures...1 culture is positive for "NONTUBERCULOSIS MYCOBACTERIA". I went to chest specialist. He said this is not contagious and I should not be stopped in getting PR on this basis. He is a very renowned doctor and best doctor in Hyderabad, AP. I have no symptoms at all and I am very healthy without cough or any other symptoms. He also said that if positive, I shud take treatment for 1 year and it shud be okay... :eek: :eek: :eek:...So, what might be the result...I am trying for PR since 4 years...

On my research in internet...this is (PNTM) incurable and very little is known about this in medical history....in most cases, the clinical studies revealed we shud take positive disease into consideration if 2/3 cultures r positive....

I am worried a lot...If you have any idea, please advice.... :'( :'( :'(

Thanks a lot...
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
kumar2263 said:
Hi friends,

I applied for PR under skilled worker in 2013. I am from India. I got medical request on Jan 3rd. We did medicals (including wife and 1 kid) on Jan 6th. I came to know from DMP on Jan 15th that in my family I got furtherance (principal applicant) for sputum test for TB. I underwent sputum testing 3 days in Jan. Now in March I got results wherein all 3 sputum stains are negative, but in the 3 cultures...1 culture is positive for "NONTUBERCULOSIS MYCOBACTERIA". I went to chest specialist. He said this is not contagious and I should not be stopped in getting PR on this basis. He is a very renowned doctor and best doctor in Hyderabad, AP. I have no symptoms at all and I am very healthy without cough or any other symptoms. He also said that if positive, I shud take treatment for 1 year and it shud be okay... :eek: :eek: :eek:...So, what might be the result...I am trying for PR since 4 years...

On my research in internet...this is (PNTM) incurable and very little is known about this in medical history....in most cases, the clinical studies revealed we shud take positive disease into consideration if 2/3 cultures r positive....

I am worried a lot...If you have any idea, please advice.... :'( :'( :'(

Thanks a lot...
It will depend upon what CIC determines. If this is not infectious then you are not inadmissible due to a threat to public safety/health. If the cost of treatment does not exceed the excessive demand threshold then you are not inadmissible due to excessive demand. If your doctor says it is not a contagious condition and the cost of treatment is not excessive, then you will be fine.
 

alexure

Full Member
Dec 18, 2013
32
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Visa Office......
Israel
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Pre-Assessed..
Nomination.....
06-Sep-2012
File Transfer...
27-Dec-2012
Med's Request
01-Nov-2013
Med's Done....
07-Nov-2013
Passport Req..
13-May-2014 (06-March-2014 Fairness letter received, 08-May-2014 Response submitted)
VISA ISSUED...
20-May-2014
LANDED..........
14-July-2014
Hi,
Yesterday my attorney submitted response to fairness letter. Now all I can do is just wait (again). I'll update when I will get CIC final decision. Alex.
 

alexure

Full Member
Dec 18, 2013
32
0
Category........
Visa Office......
Israel
Job Offer........
Pre-Assessed..
Nomination.....
06-Sep-2012
File Transfer...
27-Dec-2012
Med's Request
01-Nov-2013
Med's Done....
07-Nov-2013
Passport Req..
13-May-2014 (06-March-2014 Fairness letter received, 08-May-2014 Response submitted)
VISA ISSUED...
20-May-2014
LANDED..........
14-July-2014
alexure said:
Hi,
Yesterday my attorney submitted response to fairness letter. Now all I can do is just wait (again). I'll update when I will get CIC final decision. Alex.
Hello,
I checked a moment ago eCAS status and I was surprised to find out two new entries.

3. Medical results have been received.
4. A decision has been made on your application. The office will contact you concerning this decision.

Does it mean rejection or not?
My attorney submitted the response to fairness letter only few days ago (on May 8th. Last day for response was May 10).

Thanks,
Alex
 

scylla

VIP Member
Jun 8, 2010
95,896
22,141
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
alexure said:
Hello,
I checked a moment ago eCAS status and I was surprised to find out two new entries.

3. Medical results have been received.
4. A decision has been made on your application. The office will contact you concerning this decision.

Does it mean rejection or not?
It just means that a decision has been made. Unfortunately it's impossible to say if it's positive or negative. You will have to wait for the official communication from CIC.
 

alexure

Full Member
Dec 18, 2013
32
0
Category........
Visa Office......
Israel
Job Offer........
Pre-Assessed..
Nomination.....
06-Sep-2012
File Transfer...
27-Dec-2012
Med's Request
01-Nov-2013
Med's Done....
07-Nov-2013
Passport Req..
13-May-2014 (06-March-2014 Fairness letter received, 08-May-2014 Response submitted)
VISA ISSUED...
20-May-2014
LANDED..........
14-July-2014
Have you ever heard that the status have been changed only a few days after the fairness letter was responded (due to medical inadmissibility)?
Personally I believe that it is mistake because the response was submitted only two days before ending of response period (60 days). May be the immigration officer though that I will not respond. I'll wait for CIC response.
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
alexure said:
3. Medical results have been received.
4. A decision has been made on your application. The office will contact you concerning this decision.

Does it mean rejection or not?
If there was no Passport Request (PPR) it is a rejection. I've gone through exactly the same process. What this means is they did not consider your attorney's submission.

This starts the 60 day timer. The first (obvious) thing to do would be to request reconsideration in light of the materials that were submitted by your attorney - hopefully prior to the submission deadline. It is unlikely they will respond (because it resets the 60 day timer).

60 days is the amount of time that you have to file an application for leave and judicial review in Federal Court.

It's extremely likely that their failure to consider the materials submitted are grounds for overturning a refusal by itself.
 

alexure

Full Member
Dec 18, 2013
32
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Visa Office......
Israel
Job Offer........
Pre-Assessed..
Nomination.....
06-Sep-2012
File Transfer...
27-Dec-2012
Med's Request
01-Nov-2013
Med's Done....
07-Nov-2013
Passport Req..
13-May-2014 (06-March-2014 Fairness letter received, 08-May-2014 Response submitted)
VISA ISSUED...
20-May-2014
LANDED..........
14-July-2014
My attorney sent an email to the embassy regarding these entries. He think that this is just a mistake but we will see. I will update when I'll know for sure. Thanks for your answers. :eek:
 

alexure

Full Member
Dec 18, 2013
32
0
Category........
Visa Office......
Israel
Job Offer........
Pre-Assessed..
Nomination.....
06-Sep-2012
File Transfer...
27-Dec-2012
Med's Request
01-Nov-2013
Med's Done....
07-Nov-2013
Passport Req..
13-May-2014 (06-March-2014 Fairness letter received, 08-May-2014 Response submitted)
VISA ISSUED...
20-May-2014
LANDED..........
14-July-2014
It is unbelievable but a few moments ago I received email with passport submission request.
Thanks to all who helped an assisted me in making my dream come true. Special thanks to Computergeek who have me the name of right attorney. Thanks to all of you. :p
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
alexure said:
It is unbelievable but a few moments ago I received email with passport submission request.
Thanks to all who helped an assisted me in making my dream come true. Special thanks to Computergeek who have me the name of right attorney. Thanks to all of you. :p
Wow, what a roller coaster ride. I hope you have your paperwork in hand soon.
 

danny2009

Hero Member
Feb 11, 2009
250
1
Category........
Visa Office......
Singapore transferred to Manila
Job Offer........
Pre-Assessed..
App. Filed.......
May, 2012
Nomination.....
April 2012
File Transfer...
February 2014
Med's Request
March 2014/Further test on 16 April, 2014
Med's Done....
21Mar2014.Ecas:In Process:29May2014, Decision Made:15Jun2014
Passport Req..
17 June, 2014
VISA ISSUED...
04 Jul,2014 but just received the processed passports 04Aug, 2014
LANDED..........
September 2014
alexure said:
It is unbelievable but a few moments ago I received email with passport submission request.
Thanks to all who helped an assisted me in making my dream come true. Special thanks to Computergeek who have me the name of right attorney. Thanks to all of you. :p
alexure, I am really happy for you. This is really a fantastic ending! I just found this thread and kept reading to know about your case, luckily you got a great ending. Congrats!
 

Sairam

Star Member
Aug 26, 2013
99
9
alexure said:
It is unbelievable but a few moments ago I received email with passport submission request.
Thanks to all who helped an assisted me in making my dream come true. Special thanks to Computergeek who have me the name of right attorney. Thanks to all of you. :p
Hi,

I have read almost your posts from which I am aware of how much struggle you have done to get your dream. I am so happy for you and I don't have words to express my happiness for your success. Hopefully, I will achieve the same as my spouse has also disability due to poliomyelitis. Do you mind if I ask you a question? I am preparing to submit my file under FSW but on one of the application form,I have to disclose information about disability. Do you think is it of need to mention? what happens if they reject my file without processing further because of disclosure of this information.
 

salem10

Hero Member
Jul 6, 2010
438
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Ontario, since 2006
Visa Office......
Buffalo
NOC Code......
0711/4131/4121
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Yes
App. Filed.......
10-05-2010
Doc's Request.
Nov 02, 2010
AOR Received.
May 19, 2011 from buffalo
IELTS Request
submitted writtin sample (accepted)
Med's Request
April 14, 2012
Med's Done....
June 10, 2011, again in May 02, 2012 -medical furtherance June29-2012
Interview........
waived
Passport Req..
Waiting
VISA ISSUED...
Waiting
LANDED..........
20-06-2015
alexure said:
It is unbelievable but a few moments ago I received email with passport submission request.
Thanks to all who helped an assisted me in making my dream come true. Special thanks to Computergeek who have me the name of right attorney. Thanks to all of you. :p
Congratulation 1000 times. This is really good. Hope the best for my submission that has 7 months now.
 

necaca

Newbie
May 3, 2011
6
0
alexure said:
It is unbelievable but a few moments ago I received email with passport submission request.
Thanks to all who helped an assisted me in making my dream come true. Special thanks to Computergeek who have me the name of right attorney. Thanks to all of you. :p
CONGRATULATIONS!!!! This is the great news! ;D