Wife on Dialysis | will PR be rejected

[wasabi]

I applied for PR in Experience Class, i am in Canada from last 4 years, my wife currently on Dialysis.
we now have to undergo medical test. what are the chances that my application will be accepted or rejected?
is there way to avoid rejection if that may be the case?

 

[scylla]

Yes - you should expect this is going to be a problem if your wife is receiving regular dialysis treatments. Dialysis costs several tens of thousands of dollars per year for each patient - which is well above the level CIC allows before they will refused an application for medical reasons (the level allowed by CIC is around $6,500).

Is there a way to get your wife off dialysis?

 

[wasabi]

the only way is Transplant, for which we are waiting, i am also undergoing all the test to donate her. so that means we have to go back to our country. is there any way or conditions owing which case can be in our favour? as she may not get the current treatment in our country.

 

[letstry21]

I am not sure but somewhere I read if applicant can give in writing that he is ready to pay for health expenses or he is covered by some
private insurer to pay for his expenses and wont put burden on Govt health department then it may work out.

As I said earlier ,I am not sure but I have read it somewhere so i would suggest you to contact Immigration lawyer.

 

[wasabi]

Many Thanks will look into this, can u suggest a good lawyer

 

[letstry21]

I am not sure ..about good lawyer for Medical Inadmissibility.
but read this ... you can consult him ..but i would suggest ..do some googling on this forum you will get answer

http://visalawcanada.blogspot.ca/2011/02/federal-cour-grapples-with-question-of.html

 

[scylla]

I am not sure but somewhere I read if applicant can give in writing that he is ready to pay for health expenses or he is covered by some
private insurer to pay for his expenses and wont put burden on Govt health department then it may work out.

CIC won't accept this argument because there is no legal way to enforce it once the person lands and becomes a PR.

 

[wasabi]

as we are in Canada from last 4 years , is this argument will also not help.

 

[MenicMonday]

Can you check if the following applies to you:
www.cic.gc.ca/english/resources/tools/medic/exam/exemptions.asp

 

[hondaFan13]

as we are in Canada from last 4 years , is this argument will also not help.

Are you paying from your own pocket right now ?

 

[iamelle]

^ Nice! Plus one to your reply bro

 

[PMM]

Hi

Check out the link - this should give you some relief -

As per paragraphs R24, R117(g) and R139(4), excessive demand determinations under A38(1)(c) do not apply to:
spouse, common-law partner or conjugal partner

That is if you are sponsoring a spouse, c/l partner or conjugal partner, the OP is NOT, he is applying under CEC and his spouse is an accompanying dependent. So it doesn't apply to his application.

 

[scylla]

Hi


That is if you are sponsoring a spouse, c/l partner or conjugal partner, the OP is NOT, he is applying under CEC and his spouse is an accompanying dependent. So it doesn't apply to his application.

Agreed with PMM. That rules definitely does not apply in this case and will provide no relief.

 

[jes_ON]

^ Nice! Plus one to your reply bro

Too bad I was wrong : ( , missed the part about that being specific to family-class. Apologies if I got anyone's hopes up. ) Thanks tho...

 

[jes_ON]

Agreed with PMM. That rules definitely does not apply in this case and will provide no relief.

good to know... but that's truly unfortunate for the OP...

http://www.cic.gc.ca/english/resources/tools/medic/admiss/excessive.asp
The cost threshold is determined by multiplying the per capita cost of Canadian health and social services by the number of years used in the medical assessment for the individual applicant. This cost threshold is updated every year.

Effective June 9, 2014, the updated cost threshold is $6,327 per year. This figure is usually multiplied by five (unless the anticipated length of stay is shorter than five years or there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years). This results in the legislated threshold of $31,635.

http://www.theglobeandmail.com/life/health-and-fitness/transplant-waiting-lists-and-dialysis-costs-grow-as-kidney-supply-lags-behind/article569465/
... Dialysis treatment is about $60,000 per person annually ...