Violation of mandatory medical examination?

[bihon]

Hello everyone,

I took part of an internship in Canada and worked there on a Charitable Work Permit for 8 months. Since I was employed for over 6 months I needed a medical examination in order to get presented with a Work Permit. The program had it's own circumstances on this basically I had to get their own paperform filled and stamped with a licensed doctor in my home-country. The immigration officer on the airport accepted it and presented me with a Charitable Work Permit for the duration of my contract. However my contract's condition has changed getting close to it's end and I had to apply at CIC for a Work Permit extension in order to add 2 more weeks to my contract's duration. However The immigration officer who dealed with my application this time didn't accept my medical examination and even though I have been working on a Work Permit for 8 months already at the time, determined that: "pursuant to section 29(2) it has been determinated that you have violated a condition imposed under regulation 30(1)(c)(i) as you have not completed medical examination." I have this letter in my hand and even though I am not in Canada at this point I wonder what do I suppose to expect to happen whether I plan on going back to Canada or not as well as I beleive it must be some sort of misunderstaning I wonder if there is any way possible to clearify myself on this.

Can anybody give any sort of suggestion or does anybody have any idea what does this determination carries in itself?

Thanks in advance!

 

[SenoritaBella]

Are you sure the officer just accepted the letter and did not instruct you to do present yourself for an immigration medical exam(IME) or impose conditions? Look at your old work permit, does it have conditions?

That letter from the program is no good. You have to undergo an IME and then submit your application for an extension. See this: http://www.cic.gc.ca/english/information/medical/medexams-temp.asp

You can undergo the exam anywhere as long as the doctor is a designated medical practitioner(DMP). You can use this to find a DMP in the area you live: http://www.cic.gc.ca/dmp-md/medical.aspx

 

[bihon]

Are you sure the officer just accepted the letter and did not instruct you to do present yourself for an immigration medical exam(IME) or impose conditions? Look at your old work permit, does it have conditions?

That letter from the program is no good. You have to undergo an IME and then submit your application for an extension. See this: http://www.cic.gc.ca/english/information/medical/medexams-temp.asp

You can undergo the exam anywhere as long as the doctor is a designated medical practitioner(DMP). You can use this to find a DMP in the area you live: http://www.cic.gc.ca/dmp-md/medical.aspx

Hi,

Thanks for your answer. No my old work permit does not have any condition regarding medical exam. Also, I have been working for 8 months already when I submitted the request of extension for 2 more weeks. Basically I would have had to get done a medical exam for that two weeks. The top of that I have got this feedback a month later I have finished my contract and already flew back to my home-country!

Now I wonder what could I have or could get done just time about this?

Roland

 

[SenoritaBella]

Does the work permit say something to the effect of, "not permitted to work in healthcare, childcare, agriculture, etc." at the bottom of it?

They expected you to undergo the exam b/c of the nature of your job and being that you were already 8 months into it without this medical exam, you were in violation whether you knew it or not.

Anyway, if you want to you can explain the situation to them and see if they change their opinion(doubt it). Or when next you want to come here again, get your immigration exam done before you arrive the border.

 

[bihon]

Does the work permit say something to the effect of, "not permitted to work in healthcare, childcare, agriculture, etc." at the bottom of it?

They expected you to undergo the exam b/c of the nature of your job and being that you were already 8 months into it without this medical exam, you were in violation whether you knew it or not.

Anyway, if you want to you can explain the situation to them and see if they change their opinion(doubt it). Or when next you want to come here again, get your immigration exam done before you arrive the border.

No, it only says that I am not permitted to work in any other occupation nor employer other than stated other that stated etc. There isn't anything that mentiones medical exam or related.

I was participating in a program that was run by a Canadian agency that's recruiting international staff for Canadian summer camps. One of their mandatory paper form in order to get accepted to the program was the "Health History Form" which I was asked for to get it filled and stamped by a licensed doctor of my home country. I did this. The IO lady accepted it at the border and presented me with a Charitable Work Permit but the next time I was applying for the extension they seem to have ignored it and determined what I already mentioned above.

I wonder as I was on a Charitable Work Permit and I was participating within a specific program if it falls under any condition of the mandatory medical exam so that I would have been exempt of this by any chance? I also attached a cover letter from the agency to my application that explains the situation and mentions that they can be reached for further information. I beleive they ignored this document of mine as the agency were certainly not called regarding this or anything as I probably would have known.

How could I explain the situation again and see if they would change their opinion though? Can I just write a letter to them and include all the informations and documents that I have? Or is there a speicific way to do this? Such as an appeal? This whole situation just looks so unreal to me as I was let in but later on determined that I would have not been able to. Or that I would have had to take any exam or any documentation later when I wasn't notified, in a country I have never been in my life.

Anyway does this determination mean that I have a criminal record or going to be charged by anything or what are the consequences of it at all? It doesn't say anything other than stated above.

 

[SenoritaBella]

Did you read the links provided above? It clearly explains who should undergo a medical exam. So if you will be in Canada for more than 6 months(you were here for 8 months); or work in a occupation that requires interaction with the public(summer camps are basically with children, a vulnerable population); or if you have lived in a designated country(countries with high rates of tuberculosis infections) then you must undergo the immigration medical exam.

The border officer certainly made a mistake(not sure how she could have fluffed that one but I guess she's human). Anyway, you can send an email to the visa office or mail a letter there and explain the situation. Then see how it goes. You do not have a criminal record, however this rejection will form part of your immigration history. So in future applications, you would have to answer "Yes" to having been denied a visa to Canada and explain. On the scale of negative things that could happen, this one isn't that big a deal in my opinion. Next time, get the immigration exam done in addition to whatever "health history form".

 

[bihon]

Did you read the links provided above? It clearly explains who should undergo a medical exam. So if you will be in Canada for more than 6 months(you were here for 8 months); or work in a occupation that requires interaction with the public(summer camps are basically with children, a vulnerable population); or if you have lived in a designated country(countries with high rates of tuberculosis infections) then you must undergo the immigration medical exam.

The border officer certainly made a mistake(not sure how she could have fluffed that one but I guess she's human). Anyway, you can send an email to the visa office or mail a letter there and explain the situation. Then see how it goes. You do not have a criminal record, however this rejection will form part of your immigration history. So in future applications, you would have to answer "Yes" to having been denied a visa to Canada and explain. On the scale of negative things that could happen, this one isn't that big a deal in my opinion. Next time, get the immigration exam done in addition to whatever "health history form".

I did some research again on this to just to see more clearer. It is very interesting because according to the information given by CIC, it likely seems that what it states is pretty much just the opposite of what is behind the truth. I am quoting from the letter:

"Camp councilors who have resided in a designated country or territory (see FW1, 13.2), that pursuant to section 29(2) it has been determinated that you have violated a condition imposed under regulation 30(1)(c)(i) as you have not completed medical examination."

Now going through the manual - http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf - and the designated country list - http://www.cic.gc.ca/english/information/medical/dcl.asp - it is shown in black and white that citizens of Hungary - what I am - do not require to take and Immigration Medical Exam not even if they are camp councelors.

I wonder how did this decision on my application born. It is clearly false.

Do you know if there is a specific way of writing an appeal?

 

[scylla]

I thought a medical was mandatory for everyone (regardless of where you're from) if the job involves working closely with kids. See:

http://www.cic.gc.ca/english/information/medical/medexams-temp.asp

 

[bihon]

I thought a medical was mandatory for everyone (regardless of where you're from) if the job involves working closely with kids. See:

http://www.cic.gc.ca/english/information/medical/medexams-temp.asp

Not any longer. Not for the occopation : Camp Councelor. It has been eliminated from the occupation list in 2002 May. See http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf see page number 95 on the top, I am quoting "Camp counsellors from non-designated countries were eliminated from this list in May 2002"

So the Immigration Officer has definitely made a mistake on this. Didn't make any sense when I have got my extension denied anyways. I have already been working for 8 months with a Charitable Work Permit presented by the Immigration Officer on the airport. If the previous Immigration Officer at the airport would have expected me to take an Immigration Medical Exam afterwards she has presented me with a Charitable Work Permit and before taking my position then she must have known that I would be in need of taking the Immigration Medical Exam in the next 24 hours from the time I passed through the borders as I was going to fill my position the next day I have arrived in Canada according to the job offer letter I showed to her in order to process my Charitable Work Permit. I am now someone with a false negative record in my file what I certainly do not need not now nor in the future. I wonder if writing an appeal regarding to the situation and refering to my client number would do anything about it as according to the given information by the Immigration Officer who was dealing with my extension ironically proves just the opposite of what it's currently states and charges me with.

 

[SenoritaBella]

As long as the job involves interaction with children or the public, an immigration exam is required. The essential thing is to be in compliance next time by undergoing a medical exam before arriving the border next time.

There are people on this forum who were denied visas but eventually made it to Canada and have permanent resident status.

 

[bihon]

As long as the job involves interaction with children or the public, an immigration exam is required. The essential thing is to be in compliance next time by undergoing a medical exam before arriving the border next time.

There are people on this forum who were denied visas but eventually made it to Canada and have permanent resident status.

Well this is not what it!s stated in the Foreign Worker Manual and fact remains that Camp Counselors have been eliminated from the occupation list who would require an Immigration Medical Exam ONLY if they were from a designated country what Hungary isn!t.

 

[bihon]

As long as the job involves interaction with children or the public, an immigration exam is required. The essential thing is to be in compliance next time by undergoing a medical exam before arriving the border next time.

There are people on this forum who were denied visas but eventually made it to Canada and have permanent resident status.

Oh yeah and I have got denied when I was intending to extend my stay with that ominous 2 weeks, not when I have arrived to the border, I have got my visa without any difficulties for 8 months. There is a seperate paragraph in the Foreign Worker Manual about the occupation Camp Counsellor, and they are exempt of the medical exam as long as they are not in a designated country. See http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf see page number 95 on the top, I am quoting "Camp counsellors from non-designated countries were eliminated from this list in May 2002"

 

[bihon]

Either way. There is no way of appeal nor argue with any decision the CIC's IO makes if you beleive it was made on a him/her imperfection?

 

[SenoritaBella]

Not sure how much time you have between the decision(refusal) and filing an appeal, so you may very well be outside this window.
If you are still within the window and the time and money to pay for a lawyer or think you can do it yourself, I suppose you can file an appeal. If you can show that the officer erred and the appeal is granted, the decision will be sent to another officer for review.

I don't think it's worth the trouble but up to you.

 

[bihon]

Not sure how much time you have between the decision(refusal) and filing an appeal, so you may very well be outside this window.
If you are still within the window and the time and money to pay for a lawyer or think you can do it yourself, I suppose you can file an appeal. If you can show that the officer erred and the appeal is granted, the decision will be sent to another officer for review.

I don't think it's worth the trouble but up to you.

My point is how do I suppose to fill out that part in any Work Permit application in the future when they ask about if I have ever got refused an application in the past? Well I obviously can say yes and explain why. But should I explain how and tell that I have got resisted due to the ominous IO's imperfection or should I make an explanation and tell I didn't complete an IME that I shouldn't have done anyways as I was exempt?

They can clearly refuse my application due to a reason I have not done but to be perfectly honest it seems they have made up? Why would I take on being disadvataged for their fault? If only they were not refering to a section I could search out and read through, I might would have never been able to find out that what they are refering to ironically proves just the opposite of what they have stated in their feedback, even though it was very suspicious as I did everything on the way my employer my representative and my consulate told, and yet it has turned out way differently and even overstayed for 10 days due to this failure.