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

Engineer80

Star Member
Jun 21, 2014
132
3
Dear All and computergeek

My baby was detected VSD (Premembrous area) 4 mm hole Left to right shunt at the time 5 month old (25 March 2015). So my Pediatric Cardiologist confirmed verbly , she is fine and she could pass her rest of life as others do. but suggested me to follow yearly for routine monitoring......

For small hole further my doctor confirmed, No need of any treatment ( medicine or surgery) and it will be closed spontaneously with the passage of time. Approximately up to 20 years , there will be chances to fill up automatically.

After 20 years if hole will not be closed. Then there will be a few chance for fractional children (means 2 children out of 1000 children) that hole could be attacked by mouth Bacteria if twice time of tooth brush will not be done as well as flossing.

Even I checked a lot theories , web pages and research papers regarding this issue ( 5 mm small premembranous VSD left to right shuntting ), same is mentioned as my pediatric cardiologist mentioned.

After that , I received medical request by cic , done on 31st August 2015, where detected murmur by IOM/cic docters, they asked me for previous history for my baby then I showed previous acho test. Then CIC doctor attached this report to forward Dehli Medical Centre (Regional Office).

After right seven days, I received the email from Dehli Medical Centre for lattest ECHO and resting ECG including written opinion ( clinically findings, diagnosis, treatment, 5 years prognosis ). CIC docters gave sealed envelope for above tests and opinion from their paneled hospital.

Delhli Medical centre has given me 90 days to submit such reports, still I am waiting for good docter from that hospital becuase she is on leave , will be back on 7th september........

So I am confused , please help and share ur experience about such cases.....................regards
 

foreverrmb

Newbie
Aug 31, 2015
6
0
Hi Sir Computergeek,

Good day, seeking for your help, What do you mean by local MP? submitted fairness letter last Jan 2014 with the help of an immigration Lawyer, until now, there's no decision from CIC yet, the Lawyer submitted a follow up letter last April 2015, and suggested to let our local MP follow up to CIC/ Thank you and God bless
 

computergeek

VIP Member
Jan 31, 2012
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21-06-2012
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foreverrmb said:
Hi Sir Computergeek,

Good day, seeking for your help, What do you mean by local MP? submitted fairness letter last Jan 2014 with the help of an immigration Lawyer, until now, there's no decision from CIC yet, the Lawyer submitted a follow up letter last April 2015, and suggested to let our local MP follow up to CIC/ Thank you and God bless
MP = "Member of Parliament". That would be the elected official that represents constituents in her or his riding. From what I can tell, they almost all have someone on staff that handles immigration related inquiries.
 

foreverrmb

Newbie
Aug 31, 2015
6
0
computergeek said:
MP = "Member of Parliament". That would be the elected official that represents constituents in her or his riding. From what I can tell, they almost all have someone on staff that handles immigration related inquiries.
Thank you so much Sir Cmputergeek, submitted our fariness letter last january 2014 and upto now haven't received any updates from CIC, do you think the follow up letter from our local MP will help?
 

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
foreverrmb said:
Thank you so much Sir Cmputergeek, submitted our fariness letter last january 2014 and upto now haven't received any updates from CIC, do you think the follow up letter from our local MP will help?
It cannot hurt. CIC often takes a long time processing fairness responses in my experience.
 

foreverrmb

Newbie
Aug 31, 2015
6
0
Sir Computergeek,

Good day, forgot to ask last time, we have time deposit and savings account, at the time we apply and upto now, we did not withdraw it, is it ok to withdraw the time deposit? Thank you for your help and God bless.
 

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
foreverrmb said:
Sir Computergeek,

Good day, forgot to ask last time, we have time deposit and savings account, at the time we apply and upto now, we did not withdraw it, is it ok to withdraw the time deposit? Thank you for your help and God bless.
CIC doesn't prohibit you from managing your finances. If you are an economic immigrant, you will be required to show proof of funds when you land, but it doesn't need to be the same as what you demonstrated to CIC.
 

munika

Star Member
Apr 13, 2015
180
8
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
August 07, 2015
Hi Computergeek

Please advise if you can.
Principal Applicant received fairness letter through CIC account (Express Entry) asking to provide medical exam for non accompanying members (children under custody of ex wife) or to provide LOE & supporting documents.
The thing is we have provided LOE & supporting documents (birth certificates, custody/divorce verdict & supporting letter from their mother where she says that she supports him to immigrate to Canada permanently without children, that there are no custody/child support issues, her contact info etc) when submitting an application. They gave us 7 days to submit one of those.
Ex wife doesn't want them to immigrate to Canada anytime soon and she is aware that we won't be able sponsorship them ever in the future.
Would it be sufficient to submit same docs again or to do what...
If any advise, would be appreciated.
Thank you in advance.
 

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
munika said:
Hi Computergeek

Please advise if you can.
Principal Applicant received fairness letter through CIC account (Express Entry) asking to provide medical exam for non accompanying members (children under custody of ex wife) or to provide LOE & supporting documents.
The thing is we have provided LOE & supporting documents (birth certificates, custody/divorce verdict & supporting letter from their mother where she says that she supports him to immigrate to Canada permanently without children, that there are no custody/child support issues, her contact info etc) when submitting an application. They gave us 7 days to submit one of those.
Ex wife doesn't want them to immigrate to Canada anytime soon and she is aware that we won't be able sponsorship them ever in the future.
Would it be sufficient to submit same docs again or to do what...
If any advise, would be appreciated.
Thank you in advance.
It sounds to me like they overlooked the previous submission. Given that you only have 7 days, I would send a copy of what you submitted before and ask them to clarify what they are requesting beyond what you previously submitted, because you are not clear on what they want that you did not already provide.
 

munika

Star Member
Apr 13, 2015
180
8
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
August 07, 2015
After receiving the letter from CIC, we decided to try once more with ex spouse of the principal applicant. However after, reading fairness letter and after she seen that she can't count on immigration laws to be changed she decided to allow children to undergo medical. The letter was pretty straight forward and seeing that black on white with her children's name made an impact on her. Which is theoretically good, now we are in a limb of bureaucracy and trying to figure it out how to exam kids in few days and kids do not posses any of government ID not passport. To obtain those it takes approximately 30 days.
Would you think it would be a good idea to explain new circumstances in the response and to ask an officer additional time to submit medical exams?

Thanks!!
 

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
munika said:
After receiving the letter from CIC, we decided to try once more with ex spouse of the principal applicant. However after, reading fairness letter and after she seen that she can't count on immigration laws to be changed she decided to allow children to undergo medical. The letter was pretty straight forward and seeing that black on white with her children's name made an impact on her. Which is theoretically good, now we are in a limb of bureaucracy and trying to figure it out how to exam kids in few days and kids do not posses any of government ID not passport. To obtain those it takes approximately 30 days.
Would you think it would be a good idea to explain new circumstances in the response and to ask an officer additional time to submit medical exams?

Thanks!!
If there has been a change of plan, I would definitely contact them. CIC will provide you with a reasonable extension of time to comply.
 

foreverrmb

Newbie
Aug 31, 2015
6
0
Hi Salem10, just want to know if you already receive decision on the fairness letter? Our case is similar, my daughter is diagnos with Autism and we submitted the fairness letter last jan 2014. Thank you
 

foreverrmb

Newbie
Aug 31, 2015
6
0
salem10 said:
hello,
I have application pending under FSWP; my time line is shown on the left. My question is as follow:

How long CIC takes to assess fairness letter response?

I have sent them my response in Oct 16, 2013. I can see on my file notes that my case officer sent request to health branch to assess my reponse, but on notes printed in March 20, 2014, no update.

I wonder why the case officer sent it back to health branch as of my response doesn't have challenge from medical side. All of my response is related to financial side and re-calculation of their estimate.

Also, I can see on my notes, that my current medical expires on May 08, 2014. It has been extended one year before. The last medical done was on May 2012.

[hi salem10 did you receive a respond from cic regarding the fairness letter? We have similar case and we submitted fairness letter last jan 2014 and my daughter is diagnos with autism. Please reply if you can, thank you.
 

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
18 months is a long time for a fairness response review.

The medical opinion is issued by the medical officer. If it is to be overcome, even with a mitigation plan, the MO is the one that must be involved, though the VO has a responsibility (pursuant to the Sapru decision) to ensure the MO's opinion is reasonable and adequately justified. Long delays typically do not bode well, however.

Have you submitted a case-specific inquiry?

With an expired medical, if you overcome the M5 rating (it would normally be converted to M2), then you will be asked to do a new medical. They are not supposed to re-raise the original issue (I say "supposed to" because I've seen it happen - when this was pointed out to the VO, along with a new response rebutting the M5 again, the PPR came surprisingly quickly. That family has since landed, in fact.) If new medical issues are identified, they can then raise them and go through the fairness process again.