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November 23, 2009, 11:11:02 pm
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Cdnshaz
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Posts: 42


« Reply #15 on: August 17, 2009, 03:11:27 am »

not necessarily, I know of a couple who were turned down due to an illness, he was/is better now, but they still said NO, said as he got older it would be a drain on the canadian health system..They of course are gutted...she is stuck in UK..
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Tara_W
Full Member
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Posts: 45


« Reply #16 on: August 17, 2009, 09:18:08 am »

As a spouse being sponsored, he would be exempt from the "undue stress on Canada's healthcare" criteria so it would not be a problem.


Is that so? If that's the case, why did we spend close to €500 with the checkup, xrays, blood tests etc etc?! 
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Outland application from Ireland, "Decision Made"

Application Filed 20-04-09
Sponsorship Approved 11-05-09
File Transferred to London 20-05-09
Passport Requested 08-07-09
Passport Posted 13-07-09
Passport Received 04-08-09
Leon
VIP Member
*******
Gender: Male
Posts: 5997


« Reply #17 on: August 17, 2009, 12:46:21 pm »

Because he's still not exempt from the "danger to public health" clause.  If he has a strain of drug resistant TB for example, it would be a problem.

5.19. Medical requirements
Members of the family class are medically inadmissible if they or their family members are likely to
be a danger to public health or to public safety or if their admission might reasonably be expected
to cause excessive demands on health or social services [A38(1)]. See Exceptions to medical
inadmissibility, Section 5.20 below.
...
5.20. Exceptions to medical inadmissibility
A38(2)(a) states that spouses, common-law partners and dependent children who are members of
the family class are not inadmissible even if they have a medical condition that will result in
excessive demand
to health or social services.

Note that this goes for spouses and children being sponsored, not when a family is applying together for example under skilled worker class.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
Leon
VIP Member
*******
Gender: Male
Posts: 5997


« Reply #18 on: August 17, 2009, 12:48:02 pm »

not necessarily, I know of a couple who were turned down due to an illness, he was/is better now, but they still said NO, said as he got older it would be a drain on the canadian health system..They of course are gutted...she is stuck in UK..

Maybe the rules have changed since then or maybe the IO made a mistake.  Maybe they should get an immigration lawyer and apply again.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
Cdnshaz
Full Member
***
Posts: 42


« Reply #19 on: August 17, 2009, 06:00:22 pm »

They appealed and lost

he has a heart condition, he had triple bypass when under the age of 40, even tho he passed the actual physical, and his GP said he was off all meds and healthy, they said no....as a heart condition will be a strain.

She was from Alberta I believe
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Leon
VIP Member
*******
Gender: Male
Posts: 5997


« Reply #20 on: August 18, 2009, 11:20:08 am »

They appealed and lost

he has a heart condition, he had triple bypass when under the age of 40, even tho he passed the actual physical, and his GP said he was off all meds and healthy, they said no....as a heart condition will be a strain.

She was from Alberta I believe

Maybe the rules have changed since then.  Maybe they should get an immigration lawyer and apply again.  The manual is quite clear that spouses are not inadmissible even if they have a medical condition that will result in excessive demand to health care.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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