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

[NewPlan2014]

No - it's not.

Thanks Scylla
It means ,
If any provincial govt ensue / support for special education, medication and some other facilities , these matter/cost will not be consider during calculation excessive demand cost .
am I right ?
Pl give your opinion

 

[veeango]

Medical inadmissibility is entirely about cost. If the cost of treatment in the 5 (or 10) year period is more than $6325/yr, IRCC will deem your husband is excessive demand. You would need to know what the costs of his medication are in Canada as well as how much of that cost would be born by the provincial government in order to be able to demonstrate you are below the threshold. A medical fairness letter is supposed to spell out those costs but in HIV cases they often just assert it is expensive and leave it to you to prove that it is not.

There are an increasing number of treatment options that are below the excessive demand threshold. If your husband is on one of them, you can overcome a preliminary finding of excessive demand. If your husband is on a more expensive combination it may still fall below the threshold because the drugs are at the end of their patent life (a number of patents are expiring in the next few years). That's a more complex analysis.

If you aren't working with an attorney, it sounds like you should be. Your case is complicated.

Hi computergeek and syclla, thanks for responding so on time. Currently my husband takes Efaverenz, lamiduvine and zidovudine. Which from your other post is about 3765 cad dollar or something. Pls can you suggest a lawyer for me? Cos in some few weeks, we will bed going for medicals, hopefully. Thanks, I'll be waiting.

 

[scylla]

Thanks Scylla
It means ,
If any provincial govt ensue / support for special education, medication and some other facilities , these matter/cost will not be consider during calculation excessive demand cost .
am I right ?
Pl give your opinion

Again - no, you are not correct.

Any provincial government cost WILL be considered during the calculation of the excessive demand cost.

 

[Leon]

I am not very hopeful for you but please let us know how it goes.

I remember a case of a woman who had hepatitis and was trying to take out private insurance and prove funds how she could cover her own medication. Immigration really puts it on you to prove this.

Another case was a man who during his FSW application had a baby who turned out to have Down Syndrome. 6 years later, he was still trying to prove to immigration that his son would not cause excessive demand.

 

[veeango]

Again - no, you are not correct.

Any provincial government cost WILL be considered during the calculation of the excessive demand cost.

hi scylla, pls can you or computergeek suggest any good and successful lawyer for me to help with my case? Thank you.

 

[NewPlan2014]

Hi BALU
YOU HAVE SENT PM TO ME BUT I COULD NOT ABLE REPLY AS

Your inbox IS full delete some PM

 

[scylla]

hi scylla, pls can you or computergeek suggest any good and successful lawyer for me to help with my case? Thank you.

Unfortunately I don't know of any lawyers. However I do believe computergeek has one or two he can recommend.

 

[gc-canada]

Hi All
Many of us have received fairness letter due to medial reasons either due to self or family members.. I have seen people sending replies on their own or through some law group ..I wanted to ask all of you ,who have gone through this phase .. I do not want anybody to disclose their issue ..But in general interest I want an opinion to help others
1 First of how many have successfully cleared this hurdle -- Is it 0.000000001% I believe ??
2 Have you replied on your own or taken help of any law group ? Is it worth to spend 6-7K dollars and then wait for 3-4 years to hear no from CIC , IRCC
3 Do you think is it worth waiting for for years to get an reply from CIC and putting you whole lief on hold, your finances each and everything

I would appreciate if you all who have seen this , please come up with your opinion and help close this racket/business of law groups/CIC

Thanks

 

[addis]

Hi GC-Canada,

Rather than wait for a fairness letter to be issued, and then go into a multi-year loop, it might be possible to provide additional supporting evidence relevant to your case before the letter is issued and hope for the best. Has worked for some.

This depends on factors such as already being a resident of Canada legally, long term job offer, have paid Canadian taxes, latest medical reports from doctors in Canada etc which can be used to substantiate that you have and will continue to contribute to the economy in Canada.

If it is communicated to CIC that you are also a client of a Canadian immigration lawyer specializing in medical inadmissibility, this can also support your case. Becoming a client may not mean 6-7K, as this amount may be for the actual fairness response submission, if required.

Please assess above info in the light of changing CIC rules and the uniqueness of your case.

Hope this helps.

Addis

 

[computergeek]

Hi All
Many of us have received fairness letter due to medial reasons either due to self or family members.. I have seen people sending replies on their own or through some law group ..I wanted to ask all of you ,who have gone through this phase .. I do not want anybody to disclose their issue ..But in general interest I want an opinion to help others
1 First of how many have successfully cleared this hurdle -- Is it 0.000000001% I believe ??
2 Have you replied on your own or taken help of any law group ? Is it worth to spend 6-7K dollars and then wait for 3-4 years to hear no from CIC , IRCC
3 Do you think is it worth waiting for for years to get an reply from CIC and putting you whole lief on hold, your finances each and everything

I would appreciate if you all who have seen this , please come up with your opinion and help close this racket/business of law groups/CIC

Thanks

(1) I'd say that it's about 50% based upon my experiences. IRCC medical officers often take a shotgun approach and take the most expensive treatment option, leaving the applicant to argue otherwise. While this seems to violate the principles of Hilewitz, that does seem to be how they proceed.
(2) I've seen both. I've not heard of anyone paying $6-7k just for a fairness response, though I suppose that's possible. You shouldn't wait 3-4 years. It should take less than a year once you've submitted your response.
(3) That's a personal decision. IRCC does not actually do particularly well with excessive demand cases involving the applicant or children when they do go to court, which is why a high percentage are ultimately granted.

There are some interesting legal problems with the current system (e.g., the fact that Canada has legal obligations under various international treaties/conventions they've signed which agree to behave in a particular fashion, or the fact that the federal government's authority to make health care decisions derives from agreements with the provinces to do so and is thus bound by provincial human rights laws) that remain to be explored, but it does cost time and money and most people don't want to put their lives on hold - and the legal process does generally take another year, with the best outcome being that your file goes back to IRCC for reconsideration, and thus another 6-12 months of processing.

That's why most people choose to just stop pursuing it at that point. Few of us go to court.

 

[milsv]

hi scylla, pls can you or computergeek suggest any good and successful lawyer for me to help with my case? Thank you.

I've sent you a PM with a recommendation.
- Mils

 

[hope1nca]

Dear Computergeek,

Your previous suggestions and comments are really professional. Here may I ask your comments on my case. I did an upfront medical exam in July, during the process I honestly told the panel that I once did a heart surgery nearly 20 years ago and later they checked that the scar is around 20cm. Actually I am perfectly well and no medication needed ever, I also live as a normal person and no activity restrictions involved. However I was still required to do additional check during the exam, including a 3d Echo, a electrocardiogram and serum creatinine. The first two report results are fine and doctor also wrote "good health condition" on the report. However, the serum creatinine figure is slightly lower than standard. Doctor said lower serum creatinine is normal, but it depends on cic medical officer if further exam is required.

I am not worried about the serum creatinine because my annual usual test are all good. But do you think cic will issue a fairness letter regarding my heart disease although already cured because it was congenital?

 

[tosinosho1992]

Hi Computergeek and the great veterans of this thread. I have been following this thread religiously but this is my first post. Here is the situation-I have a friend who obtained a PhD from a Canadian University and currently a Professor at one of the Universities in Canada. She is in the process of applying for PR under the CEC category. The problem is that she has two medical conditions; one does not require any medication, the other would cost him about $2500/year. He has a group insurance policy that covers 80% of the price of his medications. She is perfectly healthy and fine. Please I need your opinions on the following questions:
a) Do you think CIC would consider his educational qualification and professional status in determining medical inadmissibility?
b) Do you think she should provide the panel physician with the following documents: payment receipts of his drugs and insurance policy document, letter from a Canadian specialist certifying that her condition is stable?
c) Would the panel physician forward all the documents to the MO?
Thanks in anticipation of a swift response. Good job guys.

 

[waiwera]

Hey hey hey, how is everybody doing? 
I just got an email from HKVO yesterday requested more plans about my daughter’s autism that might cause excessive demand on social services in Canada. Anyone here has experience how to answer this request? We are not in Halifax/Canada yet so we are not very certain which organization to approach to provide support for our daughter’s condition. She is in mainstream kindergarten now (K3) and has no physical disabilities. Her main issue is her concentration and speech especially most of the time she speaks in English while her peers and school speaks in Cantonese/Chinese. I wish I can provide the answer without immigration lawyer or something which will cause a lot.
Here is the main request:
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.

Anyone with experience and suggestion is always welcome.
Cheers 

 

[NewPlan2014]

Hey hey hey, how is everybody doing? 
I just got an email from HKVO yesterday requested more plans about my daughter’s autism that might cause excessive demand on social services in Canada. Anyone here has experience how to answer this request? We are not in Halifax/Canada yet so we are not very certain which organization to approach to provide support for our daughter’s condition. She is in mainstream kindergarten now (K3) and has no physical disabilities. Her main issue is her concentration and speech especially most of the time she speaks in English while her peers and school speaks in Cantonese/Chinese. I wish I can provide the answer without immigration lawyer or something which will cause a lot.
Here is the main request:
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.

Anyone with experience and suggestion is always welcome.
Cheers 

Did receive fairness letter earlier ? Or you just receive fairness letter ?
If you just receive than you have to make full plan for private education for your kid
And you have shoe your financial ability to bear the private school cost