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Received Fairness Letter......Seeking guidance for reply

Apirant

Member
Jul 3, 2010
17
0
Category........
Visa Office......
NDVO
NOC Code......
0213
Job Offer........
Pre-Assessed..
App. Filed.......
21-June-2010
Med's Request
27-Aug-2013; Received Fairness letter : 21-Aug-2014
Med's Done....
2-Oct-2013;
Passport Req..
27-Aug-2013
VISA ISSUED...
???????
LANDED..........
????????
ForeverMB,

Salem10 applied again under protected person and his visa got approved.

Computergeek,

I am also waiting for a decision after I sent my response to fairness letter to CIC
in Oct, 2014. I raised some 7 to 8 Inquiry but no response. I also requested for
GCMS notes and medical file alternatively and found that the visa officer is still awaiting inputs
from the Medical officer. It is very surprising that the Medical officer has not updated
any comments in the file for the past 10 months. Other thing is that my passport is with
CIC for the past 2.5 years and they are getting expired in Feb 2016 and I had raised
several times about the passport expiry and the plan but still there are no response. The
only thing that can be done from my side is wait and watch. What is your thoughts on my
case, I am really tired of checking the status.
 

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
Apirant said:
I am also waiting for a decision after I sent my response to fairness letter to CIC
in Oct, 2014. I raised some 7 to 8 Inquiry but no response. I also requested for
GCMS notes and medical file alternatively and found that the visa officer is still awaiting inputs
from the Medical officer. It is very surprising that the Medical officer has not updated
any comments in the file for the past 10 months. Other thing is that my passport is with
CIC for the past 2.5 years and they are getting expired in Feb 2016 and I had raised
several times about the passport expiry and the plan but still there are no response. The
only thing that can be done from my side is wait and watch. What is your thoughts on my
case, I am really tired of checking the status.
15 months for a medical officer to review does seem beyond the pale. But other than waiting your options are limited: if you are in Canada, you can engage with the MP for your riding to inquire. That often makes things happen in delayed cases. The other option would be to file a legal action for Mandamus in Federal Court. In my experience, such lawsuits tend to trigger action on CIC's behalf fairly quickly, particularly when there has been a long, inexplicable delay.

I know from personal experience that legal action changes the rules of normal processing.
 

akasbalaji

Newbie
Dec 11, 2015
1
0
computergeek said:
Computergeek,
What is the average time of response from CIC after medical report being submitted. I have done my E medical last week. When should I expect a response?

Can you send a email to akasbalaji@gmail.com. I have couple of questions to ask please.


15 months for a medical officer to review does seem beyond the pale. But other than waiting your options are limited: if you are in Canada, you can engage with the MP for your riding to inquire. That often makes things happen in delayed cases. The other option would be to file a legal action for Mandamus in Federal Court. In my experience, such lawsuits tend to trigger action on CIC's behalf fairly quickly, particularly when there has been a long, inexplicable delay.

I know from personal experience that legal action changes the rules of normal processing.
 

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
akasbalaji said:
What is the average time of response from CIC after medical report being submitted. I have done my E medical last week. When should I expect a response?
It varies but is typically around a month.
 

sjose

Newbie
Feb 21, 2016
6
0
Hi Experts,

We have recently submitted our application for permanent residency under the federal skilled worker category. My younger son is 2.5 years and diagnosed with Downs syndrome. Our application is currently under review and after researching online, I'm convinced that I would receive a procedural fairness letter. My son is on no medication and is attending a regular Montessori in my home country. He has a minor speech delay. I'm convinced that he would not be a burden on any society and I have the financial means to support him should he require special education. We are looking to migrate to Ontario.

Could you please share some ideas on how to best approach the CIC and also refer any lawyers who would be able to best represent my case.

Thank you.
Regards,
Jose

 

Jinuvik

Full Member
Dec 2, 2013
42
2
Hello guys

I received my AOR for Express entry, end of September and did up front medical.

As of now, I did not pass the Medical because they found an enlargement in my chest but the X ray could not tell precisely what it was. Other than that there were no other issues. Based on the information they received, CIC can not write a fairness letter because they need more details exams.

I am surprised that I did not hear from CIC about my medical situation and they did not request the needed information to take their decision, now that it has been 5 months.

Should I carry on waiting ?
 

donantonio82

Newbie
Feb 29, 2016
1
0
addis said:
Hello Everyone,

I have applied for PR under CEC from within Canada. My son (3.5 years old), who is with me in Canada, has received an autism spectrum diagnosis which was also mentioned in the immigration medicals last August. My wife and I are on WPs.

I am anticipating a fairness letter in the coming weeks, as our CIC application status has recently changed to "in process".

Any suggestions on how to handle this case of medical inadmissibility would be very welcome.

thanks and regards,

C.
Hi, I'm in the same situation with my 4 years old daughter diagnosed with ASD. Could you please tell me how to structure my fairness letter? thanks.
 

NewPlan2014

Hero Member
Dec 3, 2013
304
5
Category........
Visa Office......
Singapore
Job Offer........
Pre-Assessed..
App. Filed.......
18th September 2015 at CIO
AOR Received.
18th February 2015
Med's Request
10th March 2015
Med's Done....
17th March 2015
donantonio82 said:
Hi, I'm in the same situation with my 4 years old daughter diagnosed with ASD. Could you please tell me how to structure my fairness letter? thanks.
Have you receive your fairness letter ? When did you completed your medical ?
 
Nov 4, 2012
2
0
hi,

may i know the results of your application? my son is also diagnosed with VSD and have a current application for PR, waiting for Medical Request.
 

addis

Member
Jan 18, 2015
10
0
donantonio82 said:
Hi, I'm in the same situation with my 4 years old daughter diagnosed with ASD. Could you please tell me how to structure my fairness letter? thanks.
Are you and your family in Canada already?

When did you do your immigration medicals?

best

addis
 

pedepano

Member
Sep 2, 2015
12
0
Jinuvik said:
Hello guys

I received my AOR for Express entry, end of September and did up front medical.

As of now, I did not pass the Medical because they found an enlargement in my chest but the X ray could not tell precisely what it was. Other than that there were no other issues. Based on the information they received, CIC can not write a fairness letter because they need more details exams.

I am surprised that I did not hear from CIC about my medical situation and they did not request the needed information to take their decision, now that it has been 5 months.

Should I carry on waiting ?
How do you know that you don't passed if they didn't contact you? And how do you survived 5 months without any news? There was a problem in my husband X-ray too. It is been 34 days today. We are dying to have any news, but nothing. We will wait for a few more days if they don't say anything, we are willing to go to Ottawa to try find out any information. It is so frustrating!!!
 

RR 2012

Newbie
Jan 2, 2016
6
0
Hi every one;

Can any one tell me I received fairness letter regarding my IELTS score in Feb 2015 .how many chances If i am unable to provide revised IELTS result with 6 score in each skills? My existing IELTS score which i have sent with my application in August 2012 was L = 5.5 W = ^.0 SP = 5.5 R = 4.5 and one more think I wrote in the IM0008 Form " My family joined me after 2 years due to family reason and application sent with only processing fee on mine. As per GCMS notes officer did not giving me points of relative She/ he said that this is his spouse relative points and spouse is non-accompanying with him. So relative points removed and arrange employment points also removed because he not fullfil the requirement of R(82). whereas i have sent all necessary documents in response his PFL in April 2015 Like English advanced courses , online training from our office etc. Even I wrote several time through CSE "now i am interested to accompanying my family with me and want to submit processing fee. she is a fashion designer and want to start our business in canada and i have provided Bank statement approx 30K CAD.

Is it possible for me at this stage . Can i send a reference letter from my brother in law lived in canada with his family?

But they said that it is not necessary for you to submit processing fee at this time. Please be assured we will contact you again as soon as we are able to .

Please advise I am so much worried and I dont want to lose this life time golden opportunity.
 

Diana1405

Newbie
Jul 27, 2014
1
0
I recieve a letter from your application for pr may have to be refused due ti medical inadmissible of one of my damily member try to make submission and after a yr same letter fain and another after 6 months and another one after 2 months i did a submission that we work out with a lawyer I just dont understand they keep me sendinh same letter over and over afain. any thoughts?
 

atilla1971

Newbie
Apr 5, 2016
2
0
dear shemrok,

it appears to me that you are the Guru of this forum and we are pleased to work with you.keep up the good work.

cheers

atilla
 

bluerose

Star Member
Feb 10, 2011
99
1
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
URGENT......URGENT......URGENT

I am a Canadian Citizen and live in Saskatchewan (SK) Canada and applied for PR application Family Class Sponsorship for my parents who live in Pakistan. My parents got Fairness Letter. My mother medical is passed but my father medical has some issues. Please advice the best option for this case. Any expert advice will be highly appreciate. Thanks.
Below is the COPY of the Fairness Letter.

Dear Applicant
This letter concerns your application for permanent residence in Canada. Based on a review of your file, it appears that you may not meet the requirements for immigration to Canada.
I have determined that your family member, (Name), is a person whose health condition might reasonably be expected to cause excessive demand on social services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $6,387.00 per year. Pursuant to subsection 38(1) [(in the case of a family member) and pursuant to section 42] of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.
Your family member has the following medical condition or diagnosis: ischaemic cardiomyopathy. In particular:
This 72 year old applicant has applied for immigration under the family class (FC4) and his intended province of destination is Saskatoon SK. He has ischaemic cardiomyopathy with severe left ventricular dysfunction. An echocardiogram revealed dilated left ventricle with severely depressed left ventricular systolic function with an ejection fraction of 20-25%. This condition is likely to deteriorate over time leading to episodes of heart failure which typically involve visits to emergency departments and admission to hospital. The cardiologist opines that the prognosis is guarded due to reduced left ventricular functions.
The natural course of his cardiac disease is such that his condition is reasonably expected to progress and deteriorate. In the Canadian context, he will require investigation and ongoing specialist management by cardiologists for the implementation of a treatment plan to manage his cardiac condition. Progression and deterioration of his condition leading to congestive heart
failure would reasonably be expected to result in repeated emergency room visits, hospitalization and a requirement for specialized hospital facilities including intensive care units or coronary care units and require invasive investigations. These services are expensive, cost more than the average amount spent on individual health care in Canada, and publicly funded. Many of these services are unable to meet the needs of Canadian individuals and their families in a timely manner.
Based upon my review of the results of this medical examination and all the reports I have received I conclude that this applicant has a medical condition which might reasonably be expected to cause excessive demand on health services. Specifically this condition might reasonably be expected to require services, the costs of which would likely exceed the average Canadian per capita costs over next five to ten years, and would add to existing waiting lists and delay or deny the provision of those services to those in Canada who need and are entitled to them. This applicant is therefore inadmissible under Section 38(1)(c) of the Immigration and Refugee Protection Act.

Date Accessed: Mar 30, 2016
Also has: Ischemic Heart Disease (414), Hypertension (401), Atrial Fibrillation (425)
The expected cost for health related services for this applicant is $37,021over five years. This amount exceeds the average per capita threshold of $6,450.00 annually. Services include: Multiple heart specialist visits, hospital admissions and likely implantable cardioverter-defibrillator (ICD) implantation.
Before I make a final decision, you have the opportunity to submit additional information that addresses any or all of the following:
 the medical condition(s) identified;
 social services required in Canada for the period indicated above; and
 your individualized plan to ensure that no excessive demand will be imposed on Canadian social services for the entire period indicated above and your signed Declaration of Ability and Intent.

You must provide any additional information within 60 days of the date of this letter. If you choose not to respond, I will make my decision based on the information before me, which may result in your application being refused.
In order to demonstrate that your family member will not place an excessive demand on social services, if permitted to immigrate to Canada, you must establish to the satisfaction of the assessing officer that you have a reasonable and workable plan, along with the financial means
and intent to implement this plan, in order to offset the excessive demand that you would otherwise impose on social services, after immigrating to Canada.
The sections of the Immigration and Refugee Protection Regulations that define the meanings of “social services” and “excessive demand” are included for your reference.
Please ensure that you quote the file number indicated at the top of this letter on any information you submit.
Sincerely,
Immigration Officer
Immigration and Medical Services Division
High Commission of Canada
Canada House
London