RobsLuv
Champion Member
- Jul 14, 2008
- 127
- 124
- Category........
- Visa Office......
- Buffalo
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Original:14Mar2007; Reprocess began after appeal:26Apr2010
- Doc's Request.
- Original:9May'07; Reprocess:7May'10
- AOR Received.
- Original:28Apr'07; Reprocess:26Apr'10
- File Transfer...
- n/a
- Med's Request
- Reprocessing:7May2010
- Med's Done....
- Jun2010
- Interview........
- n/a
- Passport Req..
- 30Nov2010!!
- VISA ISSUED...
- 31Dec2010!!
- LANDED..........
- 31Jan2011
bigmakdaddy is wrong - spousal applicants are excessive demand exempt! Cancer does not make your wife inadmissible to Canada!bigmakdaddy said:First of all sorry to hear about your wife brother. For your question, I am not 100% sure but I think it will effect your file with CHC as they will be concern that your wife will be using a lot of medical resources right after her medical benefit gets granted. Thats the reason every new comer has to wait 3 months for their medical benefits to kick in. If the medical wasn't free in Canada (like USA) it wouldn't have mattered that much to them but since it is free, they will defenately be concerned. But again I am not sure about this but just wanted to give you a heads up.
From the IRPA, Section 38
Health grounds
38. (1) A foreign national is inadmissible on health grounds if their health condition
(a) is likely to be a danger to public health;
(b) is likely to be a danger to public safety; or
(c) might reasonably be expected to cause excessive demand on health or social services.
Exception
(2) Paragraph (1)(c) does not apply in the case of a foreign national who
(a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations;
(b) has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;
(c) is a protected person; or
(d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).[/quote]
From Section 24 of the Regulations
24. For the purposes of subsection 38(2) of the Act, a foreign national who has been determined to be a member of the family class is exempted from the application of paragraph 38(1)(c) of the Act if they are
(a) in respect of the sponsor, their [spouse, common-law or] conjugal partner, their dependent child or a person referred to in paragraph 117(1)(g); or
(b) in respect of the spouse, common-law partner or conjugal partner of the sponsor, their dependent child.