Imigrating to Canada as same sex spouse with HIV

[newmontreal]

This is a question my future husband and i been going crazy about. We know each other for over one year and have been together for almost one year. In febuary we planned to get married. About 70 people including family from germany will attend. In summer i contracted HIV from my partner and he thinks there is no way i will be admitted to Canada. Also he does not make a lot of money, but i have my own income from the USA which is not to little. What is the answer?

[TaaDow]

Unfortunately your partner may be right.

Part of the immigration process is to submit to a full medical examination. Anyone deemed to have health problems that would represent a danger to public health or safety or an excessive demand on the Canadian Health Care system could potentially be denied PR status.

HIV would definately represent a potential strain on the Canadian Health Care system and a danger to public health.

[newmontreal]

WEll if so than the candian goverment would prevent a person who is married to a citizen to be with him. Which in a country where same sex marriage is legal? It doesn't make sense. ANd i would not use the canadian healthcare system, i have my own insurance to pay

[thaiguy]

When you go for your medical, they will test you for HIV and also determine what your medical needs will be.  Since it is still early in the infection, you stand an ok chance that they will say you're not yet going to be a burdon on the medical system.

If you're going to apply, I suggest you don't wait until symptoms start to appear.

[mirkopal]

hey new montreal please if u can go into private message...
i really would like to tell u something about your profile....and it can help you...

[whoopi83]

It is generally CIC's policy that persons with HIV/AIDS do not represent a danger to public health. Therefore, a foreign national with HIV/AIDS seeking entry into Canada would not, in the absence of contrary evidence, be inadmissible pursuant to A38(1).  However, persons living with HIV/AIDS may be medically inadmissible if they have an associated medical condition that is considered a public health risk such as active tuberculosis.

Spouses, common law and conjugal partners as well as dependent children are also exempt from the excessive demand clause so this will not bar acceptance to Canada.

Also:
Family Class Applicants.

Canadian citizens or permanent residents of Canada may sponsor their:
1.  Spouse (including same-sex spouses if legally married in one of the Canadian jurisdictions that recognizes same-sex marriage)
2.  Common-law partner (a same-sex or opposite-sex partner they have lived with for at least one continuous year in a conjugal relationship)
3.  Conjugal partner (a same-sex or opposite-sex partner they have been unable to live with for one continuous year in a conjugal relationship but have been in a conjugal relationship with for at least one year)
4.  Dependent child
5.  Mother or father
6.  Grandparents

Certain Family Class members are exempt from medical inadmissibility due to
excessive demand. These are:
i.  spouse
ii.  common-law partner
iii.  conjugal partner
iv.  child

But not a father or mother or grandfather or grandmother.

An HIV positive Family Class member who is not exempt still has some options.  These include:
a.  The Canadian sponsor can appeal the refusal to the Immigration Appeal
Division (IAD) of the Immigration & Refugee Board
b.  The applicant can apply to Citizenship & Immigration Canada for a Temporary Resident Permit (TRP)
c.  The applicant can apply to Federal Court for leave for judicial review of the medical inadmissibility decision.  Filing an appeal with the IAD is probably the best of the options.

The grounds for an appeal to the IAD could be:
1. Mistake of fact or law
2. Humanitarian and compassionate considerations that warrant the granting of special relief. This is significant because it gives a broader authority for decisionmaking to the IAD than either the visa officer initially assessing the application or a Federal Court judge on a judicial review application would have.

[ariell]

Unfortunately your partner may be right.

Part of the immigration process is to submit to a full medical examination. Anyone deemed to have health problems that would represent a danger to public health or safety or an excessive demand on the Canadian Health Care system could potentially be denied PR status.

HIV would definately represent a potential strain on the Canadian Health Care system and a danger to public health.

No, this is completely incorrect. Spouses are EXEMPT from the excess demand rule. Please see my posting to the same question here: http://www.canadavisa.com/canada-immigration-discussion-board/hiv-in-medical-checkups-t13805.0.html

There is even a section in the DMP handbook entitled post-test counselling for HIV infection which says in part "HIV-positive applicants admitted to Canada will receive information from the visa or immigration office containing contact information and telephone numbers for public health and HIV services in their province of destination." So clearly, HIV+ applicants ARE admitted to Canada.

[Suin]

And what can prevent them from entering?

[AMB]

I completely agree with ariell and whoopi- you are "excessive demands exempt" when being sponsored by your spouse.

Of course HIV will show in the medicals, but I personally know people who have "passed" their medicals with HIV.

The only thing that could make you inadmissible under this class would be criminality.

In regards to the income question, your partner does not need to have a minimum necessary income to sponsor you.  He just can't be on social assistance (aka "welfare").  If he's been living with you in Germany for some time, though, he will need to prove he's going to be settling in Canada upon completion of the sponsorship (if sponsoring from outside Canada).

[ariell]

The only thing that could make you inadmissible under this class would be criminality.

Or active TB or syphillis. And of course misrepresentation would make you inadmissable too! ;-)

[mbomuluh]

Well, does this mean that you may be HIV + but since you are a new case without symptoms (Asymptomatic) and still pass the medicals? I wish I could contact someone who "passed" the medical test who was HIV +.....thanks for the info...

[ariell]

Well, does this mean that you may be HIV + but since you are a new case without symptoms (Asymptomatic) and still pass the medicals? I wish I could contact someone who "passed" the medical test who was HIV +.....thanks for the info...

Read here: http://www.canadavisa.com/canada-immigration-discussion-board/medical-dilemnaany-input-is-welcome-t18453.0.html