Help With Medical Issue

[Lyssiej]

Okay, we did something stupid so I'm embarrassed to post, but I need help!

We have 411 points and we got upfront medicals in June. We thought there was no way it would do exactly what it's done, so lesson learned.

Anyway, we plan to hire a lawyer when getting ITA since our son is Autistic. Lawyer feels we have a great case and we can get in. We were hoping to save time.

But we got a letter asking for a bunch of documentation already! So we did a consult with the lawyer and after a lot of deliberation they said to send a letter saying we had undertaken the medical exam in error and wanted to have it removed from our file.

I forgot to ask HOW. Like, wording for the letter? Courier? How do we do a courier from the US?

I would really appreciate help. Thank you so much!

 

[scylla]

Your post is fairly confusing.

If I understand correctly, your son has already completed the medical. Is that right? If so, you can't ask CIC to 'remove' the medical from your file. It's done and submitted.

Has CIC sent you a fairness letter or something else? You need to respond to the letter requesting more information.

Trying to 'remove' the medical sounds pretty silly. If this is what your genius lawyer has suggested - then your genius lawyer should know exactly how to do this. You shouldn't have to post to the forum to ask this question. Maybe reconsider working with this particular lawyer? Doesn't sound like the sharpest tool in the shed.

 

[21Goose]

I don't get it either. What's the strategy here - Withdrawing the medical report (which isn't possible as far as I know), then getting another medical done? How will that change anything? Even if, arguendo, you are able to withdraw the medical, you'll just be asked again for the same documentation when you resubmit, so what difference will it make?

Unless your lawyer is suggesting doing a medical inspection and somehow NOT showing your son's condition. If that is the case, I recommend getting a new lawyer.

If we are missing something, let us know.

 

[mgnlky]

Okay, we did something stupid so I'm embarrassed to post, but I need help!

We have 411 points and we got upfront medicals in June. We thought there was no way it would do exactly what it's done, so lesson learned.

Anyway, we plan to hire a lawyer when getting ITA since our son is Autistic. Lawyer feels we have a great case and we can get in. We were hoping to save time.

But we got a letter asking for a bunch of documentation already! So we did a consult with the lawyer and after a lot of deliberation they said to send a letter saying we had undertaken the medical exam in error and wanted to have it removed from our file.

I forgot to ask HOW. Like, wording for the letter? Courier? How do we do a courier from the US?

I would really appreciate help. Thank you so much!

Few questions...

1) "We thought there was no way it would do exactly what it's done, so lesson learned." What is "It" in this situation and what has "it" done?
2) Who did you get the letter from, CIC or your lawyer?
3) What was the rationale from your lawyer to withdraw the medical exam (which, you can't do bc it's a required document & already on file with CIC)?

 

[Lyssiej]

Okay, I totally see I was not very clear. Thank you for your replies! Let me help clarify:
1. We did the medicals before the ITA.
2. The letter we got was, I believe, a "furtherance" letter -- not a fairness letter yet, but from CIC.
3. The reasoning the lawyer gave (Bellissimo) is that it's gonna cost a lot to get the documentation and evaluations we need to show. They recommend not taking that step until we have an ITA because of the cost to get reports and such.
4. They told me I could send the letter via courier but I didn't have the presence of mind to ask how to do that or what wording exactly to use and we only paid for the one-hour consultation. We hadn't intended to retain them until we receive ITA, which is of course now in doubt.

 

[Lyssiej]

Does that make more sense?

 

[Lyssiej]

We got a letter giving us 90 days to provide more info, and with the point situation where it stands we may not even get an ITA in that time.

 

[mgnlky]

Since you do not have an ITA (and may not get one for some time), I would suggest contacting CIC and explaining the situation (that you did the exam before ITA and that you do not have an active application submitted). Logically, if you do not have an active application, there is no need to send them more documentation because, as you point out, you may not even get an ITA soon.

That being said, does the letter indicated exactly what documentation/testing they are requesting?

This might help you a little http://www.cic.gc.ca/english/department/partner/pp/pdf/IMEI_Developmental_delay.pdf

 

[21Goose]

OK that's a lot clearer.

The way I see it, you have two options

1. Go ahead and get the reports and documentation. This will cost you money/time, but on the other hand, the medicals are valid for one year, so even if you get invited in September or later, you'll be ready with the medicals. Have you found out how much it will cost? Perhaps it's lower than you think, though I have no idea about that.

2. Do what @mgnlky suggests. The letter you got must have a contact address on it or something, right? Keep the letter simple and to the point, there's no need to worry about the precise words. You can write it out and post it here and get feedback if you like.

 

[Lyssiej]

Thank you for your responses! So you would recommend basically contacting them to ask if we can have, say, 90 days after we get ITA instead? And just contacting via letter?

 

[mgnlky]

Thank you for your responses! So you would recommend basically contacting them to ask if we can have, say, 90 days after we get ITA instead? And just contacting via letter?

Personally I'd go the letter route so there is a paper trail. I would suggest sending it UPS or Fedex so there is a tracking number and record of someone signing for it. I would request that they put their request on hold until after the application was submitted. Make sure to draw attention to the fact no application has been submitted yet.

If you do not hear anything from them closer to the deadline, then call them.