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

link2gurdeep

Star Member
Mar 4, 2017
144
31
Hello,

I have a few question regarding a friend, who was diagnosed with breast cancer (Stage 3) in Feb 2015. She then underwent surgery followed by Chemo Therapy, Radiation Therapy and Herceptin Therapy. With God's blessing, she has now recovered and back to her normal life i.e. she is working (though she has been working all through her treatment but she is now free) and managing the family/home.

She is interested in applying for PR under FSWO EE program.

If she is the primary applicant, will there be any challenges, in terms of medical?
Or if her spouse is the primary applicant, can she get medical exemption being a dependent/secondary application?

Is there any other way to accomplish her goal of immigrating to Canada.

Please suggest
 

x.75

Full Member
Jul 17, 2016
40
14
Hopefully goes well. Medicals for kids below school age is quite simple. They sometimes dont even perform proper developmental assessment. Good luck to them and plz keep me updated on the good news :)
They have just got UCI and medical pass in their CIC profile, although the medical report was graded B. So I guess things are progressing well. Thanks for your good wishes.
 

x.75

Full Member
Jul 17, 2016
40
14
Hello,

I have a few question regarding a friend, who was diagnosed with breast cancer (Stage 3) in Feb 2015. She then underwent surgery followed by Chemo Therapy, Radiation Therapy and Herceptin Therapy. With God's blessing, she has now recovered and back to her normal life i.e. she is working (though she has been working all through her treatment but she is now free) and managing the family/home.

She is interested in applying for PR under FSWO EE program.

If she is the primary applicant, will there be any challenges, in terms of medical?
Or if her spouse is the primary applicant, can she get medical exemption being a dependent/secondary application?

Is there any other way to accomplish her goal of immigrating to Canada.

Please suggest
It doesn't matter if she is primary or dependent, accompanying or not, all applicants have to go through same medical tests. So they should choose primary applicant based on what gives them a better score.
I have seen cases of past illness not having much impact on applications, if they have recovered. The panel physician will note down the medical history and may request additional tests. After his report, IRCC may request additional tests as well. But if she is all right and will not be a.) burden to Canadian healthcare, b.) burden to Canadian social welfare, c.) dangerous to Canadian people, there is no need to worry. They can go ahead and apply for immigration.
 
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canuck78

VIP Member
Jun 18, 2017
55,605
13,529
It doesn't matter if she is primary or dependent, accompanying or not, all applicants have to go through same medical tests. So they should choose primary applicant based on what gives them a better score.
I have seen cases of past illness not having much impact on applications, if they have recovered. The panel physician will note down the medical history and may request additional tests. After his report, IRCC may request additional tests as well. But if she is all right and will not be a.) burden to Canadian healthcare, b.) burden to Canadian social welfare, c.) dangerous to Canadian people, there is no need to worry. They can go ahead and apply for immigration.
I would anticipate some issues if she hasn't passed the 5 year cancer free period where there is a high rate of recurrence. You never know until you apply.
 

dr feras

Champion Member
Jan 27, 2013
1,151
401
They have just got UCI and medical pass in their CIC profile, although the medical report was graded B. So I guess things are progressing well. Thanks for your good wishes.
Thats awesome news, congrats :) best wishes for the rest of their application
 
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GoingtoC

Newbie
Aug 26, 2017
7
1
Nigeria
Category........
FSW
AOR Received.
15-08-2017
They have just got UCI and medical pass in their CIC profile, although the medical report was graded B. So I guess things are progressing well. Thanks for your good wishes.
What does"graded B" mean?
 

cuburyen

Full Member
Oct 14, 2017
26
4
Hi everyone,

I submitted my EE profile about two weeks ago and received an ITA last week. I went for my medical exam yesterday and only realized afterwards that my medical condition could result in a rejection of my PR application.

I have had 2 optic neuritis attacks close together in early 2009, when I was 18 years old. The first attack was assessed as a clinically isolated syndrome but after the second one my doctor prescribed Rebif 44 (interferon beta 1a), used to treat MS. I've been using Rebif for over 8 years and have not had any attacks ever since. I go for a neurological assessment every 6 months and an MRI every year. Other than the medication I have to use, I lead a normal life with no work restrictions. The panel physician told me my condition wouldn't be a problem but she would need a prognosis report from my neurologist to upload with my file.

After the medical exam, I read the information about medical inadmissibility once again. Having looked through many threads about medical inadmissibility in this forum, I'm convinced Rebif 44 would be considered as an excessive demand on the public health system and result in me getting a procedural fairness letter after I submit my application.

It's been a boost of morale to see some people here who have succeeded in challenging such a letter. I'm wondering if any of you could help me about how to overcome this problem. What should be my strategy? Do I need to try to find an employer and discuss private insurance benefits with them? By the way, I'm applying from outside Canada and Rebif is 100% financed by my home country's public health insurance. Would I be able to get Canada to accept me getting my medication from abroad (I believe a user mentioned having medication shipped to the US and getting it from there)?

Thanks in advance to anyone who can help!
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
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
If you end up getting a fairness letter - what you need to prove is that you do not fall under excessive demand - meaning that the anticipated costs of your care over the next 5-10 years will be lower than $6,500 per year. So you would want to start doing research now about the costs of any medication / treatment in Canada. You'll also have to estimate what your annual test and doctor visits will cost (for example, I believe MRIs are around $750 to $1000 each). If you end up receiving a fairness letter - you'll need to submit evidence of the costs of your care in Canada to show it's lower than the $6,500 amount - as well as letters from specialists about the care you are expected to need.

No - saying your medication will be 100% covered by your home country's system won't help to overcome medical inadmissibility. No - insurance from your employer won't help. Employer insurance sits on top of what is covered by the province - it's not a substitute for what the province covers.
 

cuburyen

Full Member
Oct 14, 2017
26
4
If you end up getting a fairness letter - what you need to prove is that you do not fall under excessive demand - meaning that the anticipated costs of your care over the next 5-10 years will be lower than $6,500 per year. So you would want to start doing research now about the costs of any medication / treatment in Canada. You'll also have to estimate what your annual test and doctor visits will cost (for example, I believe MRIs are around $750 to $1000 each). If you end up receiving a fairness letter - you'll need to submit evidence of the costs of your care in Canada to show it's lower than the $6,500 amount - as well as letters from specialists about the care you are expected to need.

No - saying your medication will be 100% covered by your home country's system won't help to overcome medical inadmissibility. No - insurance from your employer won't help. Employer insurance sits on top of what is covered by the province - it's not a substitute for what the province covers.
Thanks for your reply. Ontario is my intended destination so I checked the formulary and it looks like Ontario doesn't pay for Rebif unless you apply for Exceptional Access Program and you're found eligible. So I can probably make a case that my medication isn't publicly funded and my employer health plan benefits will cover the cost. Showing such an employer health plan would be best, I guess, but I don't have an employer or a job offer. I'd thought I would have a better chance of finding a job after getting PR.

I'll also have to do some research about the cost of MRIs and neurologist visits...

By letters from specialists, do you mean a letter from my neurologist here in my home country explaining my prognosis and recommending a visit to the doctor once a year and getting some tests done (MRI, blood tests)? Or a letter from a neurologist in Canada, assessing my situation?
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
Thanks for your reply. Ontario is my intended destination so I checked the formulary and it looks like Ontario doesn't pay for Rebif unless you apply for Exceptional Access Program and you're found eligible. So I can probably make a case that my medication isn't publicly funded and my employer health plan benefits will cover the cost. Showing such an employer health plan would be best, I guess, but I don't have an employer or a job offer. I'd thought I would have a better chance of finding a job after getting PR.

I'll also have to do some research about the cost of MRIs and neurologist visits...

By letters from specialists, do you mean a letter from my neurologist here in my home country explaining my prognosis and recommending a visit to the doctor once a year and getting some tests done (MRI, blood tests)? Or a letter from a neurologist in Canada, assessing my situation?

Given that no one can guarantee continuous full-time employment saying that your employer-based insurance will pay for the medication won't be an acceptable response. Also you would need to know that private insurance would cover it. Technically you still could have access to Rebif under EAP. You will need access to an alternative if you don't qualify for Rebif under the EAP which may not be effective for you and may also be expensive as well. Sorry just trying to be honest.
 

cuburyen

Full Member
Oct 14, 2017
26
4
Given that no one can guarantee continuous full-time employment saying that your employer-based insurance will pay for the medication won't be an acceptable response. Also you would need to know that private insurance would cover it. Technically you still could have access to Rebif under EAP. You will need access to an alternative if you don't qualify for Rebif under the EAP which may not be effective for you and may also be expensive as well. Sorry just trying to be honest.
Well, then I don't know what could be an acceptable response if I get a letter. Of course everyone can lose their job and this is true for all people who get PR. IRCC only asks to see a very small amount of money in PR applicants' accounts so it looks like they assume people will find a job after 6 months at most. I could also show that I have more than enough money to cover the cost of my medication for several months (or even a couple years) but someone had pointed out before on this forum that since they can't enforce you to pay out of pocket, that sort of response wouldn't be acceptable.

By the way, do you mean private insurance may not cover my medication? How can I check if there is a private insurance plan or company that covers Rebif?
 

canuck78

VIP Member
Jun 18, 2017
55,605
13,529
Well, then I don't know what could be an acceptable response if I get a letter. Of course everyone can lose their job and this is true for all people who get PR. IRCC only asks to see a very small amount of money in PR applicants' accounts so it looks like they assume people will find a job after 6 months at most. I could also show that I have more than enough money to cover the cost of my medication for several months (or even a couple years) but someone had pointed out before on this forum that since they can't enforce you to pay out of pocket, that sort of response wouldn't be acceptable.

By the way, do you mean private insurance may not cover my medication? How can I check if there is a private insurance plan or company that covers Rebif?
Not all full-time jobs come with private health benefits. Each company negotiates their benefit plan and what they cover. They may choose not to cover the really expensive drugs or only cover them for the indicated uses in Canada. Although people can say the will pay out of pocket or that their private insurance will pay all these things aren't enforceable.
 

Unforgiveniiii

Full Member
Dec 6, 2017
20
3
33
Winnipeg
Category........
CEC
Visa Office......
Ottawa
NOC Code......
2141
Job Offer........
Yes
Dear Computergeek
I am pleased to convey you that my medicals have been passed and I have received Visa too.
I have overcome successfully the fairness letter of medical inadmissibility and the response came from VO came early than I had expected.
You gave me the right direction, made me clearly focused as what needs to be addressed to overcome the fairness letter.
This could not have been possible without your great guidance and assistance. I am indebted and highly thankful to you.
Would like to see you personally in Canada.


I got a call from VO if he can issue visa as just one month was there in its expiry or extend the same but in case of extention I would have to redo medicals. I preferred to get the same issued though mine medical inadmissibility had been addressed and it would not have been an issue in remedicals. The next very day my ECAS changed from In Process to Decision Made and after another 3-4 days I received the Visa.

Thanks and regards
Shemrock
Hi, brother i need urgent help regarding the response letter. Can you kindly help me?