Will the principal applicant be refused if the spouse failed to pass medical?

[turbulence]

Hi, there,

Suppose a family is applying for permanent residence in Canada while they are both working in Canada with work permits. The principal applicant even got provincial nomination. However, the spouse may fail the medical exam due to health issues. In this case, would both be refused for PR? Or will the principal application still get it? One more question, it is possible to extend the work permits with the PR refused?
Thank you very much.

T

 

[PMM]

Hi

Hi, there,

Suppose a family is applying for permanent residence in Canada while they are both working in Canada with work permits. The principal applicant even got provincial nomination. However, the spouse may fail the medical exam due to health issues. In this case, would both be refused for PR? Or will the principal application still get it? One more question, it is possible to extend the work permits with the PR refused?
Thank you very much.

T

Yes, both would be refused. The work permit still could be extended, although application refused, but if the work permit is based on the PNP application, rather than an LMO then it would most likely be refused.

PMM

 

[turbulence]

Re: Will the principal applicant be refused if the spouse failed to pass medical

Thank you very much PMM.

In this case, would a divorce or legal separation enable the principal application to obtain PR? And if this is done after receiving the refusal letter, does the principal applicant has to re-apply again (I think after 6 month)? Could he fax to immigration office a change of family composition letter and ask for the removal of the spouse, which is now divorced or legally separated. Should this be done as early as possible?

Also, is there a chance to appeal, based on humanitarian consideration since they have a son born in Canada? Failing PR application basically will tear this family apart.

Thank you for your kind help.
T

 

[Leon]

They can keep extending the work permit again and again. Perhaps long enough to work on the spouses health problems and make her admissable.

 

[turbulence]

Re: Will the principal applicant be refused if the spouse failed to pass medical

Thank you Leon. This is comforting to know.

T

 

[eduardoF]

Re: Will the principal applicant be refused if the spouse failed to pass medical

Thank you Leon. This is comforting to know.

T

how long have you been living in canada? are you elegible for citizenship? would that be an option?

 

[turbulence]

Re: Will the principal applicant be refused if the spouse failed to pass medical

We have been in Canada for almost two years. Can we get citizenship without getting PR? Does it not require medical exam?
I found the following from CIC website

Please note that you cannot meet the residence requirements for citizenship without a minimum of two (2) years as a permanent resident.

So I guess we are not eligible.

T

 

[Leon]

You need to get PR before you can get citizenship.

 

[ghiaskhan]

Simply living in Canada for two years does entitle a person to get citizenship. One would need a PR status before an appplication for citizenship is made. Illegal residents cannot apply for citizenship unless their status becomes lawful.

 

[josinyc]

Turbulence,

Sorry for asking this. Is your wife's health really bad? I heard that if it is just something that she needs to take to keep healthy, she will be fine. I heard that it is only if what she has is contagious. My wife has an illness but she has been fine. she takes her medicine and my attorney told me it will not be a problem. I hope he is right.

Good luck.

 

[ghiaskhan]

Let me say the objective of medical examination is to ensure that applicant & his/her family members are free from an infection that can spread and effect others in Canada this also includes conditions where infection is passed to others through sexual act of the carrier.Ordinary illnesses does not stop the iimigration process.

 

[PMM]

Hi

Let me say the objective of medical examination is to ensure that applicant & his/her family members are free from an infection that can spread and effect others in Canada this also includes conditions where infection is passed to others through *censored word*ual act of the carrier.Ordinary illnesses does not stop the iimigration process.

You forgot that the medical exam also evaluates "excessive demand" in that that the applicant may have a disease or condition that cause excessive demand on the Canadian medical system. In that their costs for treatment/care would be greater than the average Canadian, about $5K per year.

PMM

 

[ghiaskhan]

I indeed appreciate your addition.

 

[ghiaskhan]

By the way those family members (sons/daughters/spouses) who are not migrating to canada are also required to undergo a medical exmination so as to rule out infectious disease and other conditions which transmit germs to others. The main objective still being as stated earlier.

 

[PMM]

Hi

By the way those family members (sons/daughters/spouses) who are not migrating to canada are also required to undergo a medical exmination so as to rule out infectious disease and other conditions which transmit germs to others. The main objective still being as stated earlier.

Non dependent family members or dependents who are NOT emigrating don't take medicals.

PMM