Reply to fairness letter sent by CIC for excessive medical demands

[rajsethi71]

Question on my brother's behalf:

He along with wife and daughter applied for Canada's PR in 2013 (paper file).
His case was pending in New delhi canadian visa office till 2017.
CIC kept asking for medicals again and again.
then in 2017 CIC sent fairness letter saying case is refused because his daughter has excessive medical demands.
We replied saying we wanna exclude his daughter's name from file.
Now we have received one letter saying "your case has been transferred to ottawa for further processing"

Any comments on this?
is it normal to get case transferred from delhi to ottawa?
did they accept our proposal of exclusion

any input is appriciated.
Thanks in advance

 

[scylla]

Question on my brother's behalf:

He along with wife and daughter applied for Canada's PR in 2013 (paper file).
His case was pending in New delhi canadian visa office till 2017.
CIC kept asking for medicals again and again.
then in 2017 CIC sent fairness letter saying case is refused because his daughter has excessive medical demands.
We replied saying we wanna exclude his daughter's name from file.
Now we have received one letter saying "your case has been transferred to ottawa for further processing"

Any comments on this?
is it normal to get case transferred from delhi to ottawa?
did they accept our proposal of exclusion

any input is appriciated.
Thanks in advance

How old is your daughter? She can only be excluded from the application if she is now classified as an adult (non dependent) based on her age. If she still dependent age, she cannot be excluded and must pass the medical in order for your PR visa to be approved.

 

[rajsethi71]

she is 6 years old.
She has special needs, that is why CIC mentioned that due to excessive medical demands case is refused.

If we can not exclude then what can be alternative...
any suggestions?

 

[scylla]

she is 6 years old.
She has special needs, that is why CIC mentioned that due to excessive medical demands case is refused.

If we can not exclude then what can be alternative...
any suggestions?

She cannot be dropped from the application. She needs to pass the medical in order for your brother's visa to be approved. If she is refused - he will be refused.

Your brother needs to respond to the fairness letter and provide evidence that his daughter will not be a burden to Canada's health and social care systems. He needs to show what care she requires, what the cost of her care will be in Canada, and that total needs to be less than $6,500 to be approved. He'll want to back his letter up with evidence of costs of care in Canada, letters from doctors, etc.

 

[scylla]

Just to add - CIC is getting ready to refuse your brother's application since he has failed to address the fairness letter. He needs to move very fast to get a response in to address the issues raised in the fairness letter.

 

[rajsethi71]

CIC had already asked medical documents several times before sending fairness letter.
We have provided letters from doctors and schools three times.
Then CIC sent fairness letter.

We have replied to letter saying we want to exclude her name and received letter from cic saying your case has been transferred to ottawa.
so our confusion is whether they accept our proposal or no

 

[scylla]

Again, you can't remove her from the application. If CIC sent a fairness letter, it means they weren't satisfied with the medical documents provided earlier. The fairness letter means CIC is getting ready to refuse the application.

 

[DEEPCUR]

It is not possible to do that because she is the dependent of primary applicant, and excessive demand clause is applicable for primary applicant as well as dependent. CIC will not agree that request and you could expect a legal explanation on this from them.

And tell me this, how can parents immigrate permanently to a different country without their kid, that too a kid that requires additional medical attention?

 

[rajsethi71]

Again, you can't remove her from the application. If CIC sent a fairness letter, it means they weren't satisfied with the medical documents provided earlier. The fairness letter means CIC is getting ready to refuse the application.

alright... thank you for clarification.

 

[rajsethi71]

It is not possible to do that because she is the dependent of primary applicant, and excessive demand clause is applicable for primary applicant as well as dependent. CIC will not agree that request and you could expect a legal explanation on this from them.

And tell me this, how can parents immigrate permanently to a different country without their kid, that too a kid that requires additional medical attention?

baby will stay with grandparents in back home

 

[scylla]

baby will stay with grandparents in back home

CIC views this as abandoning the child. If something happens to the grandparents, there will be no one to take care of the child and it will be impossible to sponsor the child for PR. This is why she cannot be dropped from the PR application. Once again, she must pass the medical or the entire application is refused. Since your brother has failed to properly respond to the fairness letter, he should be expecting a refusal next.

 

[Sethicanada]

Hi All,
Thanks for providing valuable feedback. I hired a Toronto based attorney and as per his suggestion, I provided declaration of that my minor child can get excluded from my application. I had no idea that minor child exclusion is not possible.

I considered option for replying that our medical needs in Canada would be less than 6500CAD, however I don't think so, i will be able to prove that. CIC's most concerns were based on social services my daughter would need in Canada. We are currently in US and my daughter is getting all sort of services(special education, personal nurse in school, therapies etc.) through schools funded by states. I believe, CIC determined cost of her special eduction based on current expenses state is providing for her.

I also considered proving to CIC that I can afford care for my daughter which I easily can (based on my current salary in USD). However, from my basic research, I found CIC doesn't consider that response. I might be wrong. Can you please suggest, if that's an option, I am happy to prove that claim.

Can you please suggest what are my options from here?

I would prefer to hire attorney than dealing myself with CIC.Please suggest if you have recommendations.

Just to add following were my timelines:
May 2014: Filed application under Federal skilled worker (before era of Express entry)
July 2014: Got documents back from CIC stating that they need letters for roles and responsibilities not just experience letters
Aug 2014: Filed again with proper documents this time
Nov 2014: Fee got charged on credit card
Feb 2015: CIC asked for medical test, police verification, original birth certificate for child and landing fee
Feb 2015: Sent US and India police verification, original birth certificate, paid landing fee
Mar 2015: Medical done
May 2015: Got letter from CIC for additional tests (Letter was required for Neurosurgeon)
May 2015: Provided letter to CIC
July 2015: Got letter from CIC for additional tests (Letter was required from primary doctor and school teacher)
July 2015: Provider letters to CIC
Oct 2015: Got letter from CIC for additional tests (Letter was required from school principal and funds details provided by state to school)
Oct 2015: Provided all sort of school documents to CIC
Sep 2016: I emailed CIC, asking update on my case
Oct 2016: CIC replied, case is in progress, we will let you know if anything is required
Apr 2017: I emailed CIC to provide status on case or return original brith certificate of my daughter ( we need that for her school change)
May 2017: CIC sent fairness letter
July 2017: Replied to CIC with letter stating that I want to exclude my daughter from my application ( as per suggestion from attorney)
Aug 2017: Attorney got email from CIC that "Please be advised that your application for permanent residence has been transferred to CPC-O (Case Processing Centre Ottawa) for continued processing"

Thanks

 

[canuck78]

Honestly it sounds like your daughter is getting better services than she would get in Canada. That is something you should consider. Unfortunately even if you agree to fund a large part of her care there are no legal way of making you follow through with that plan. There are somewhat similar cases in the news this year and in the past 5 years. You may want to see who they used for legal representation. I would also search this forum to look for similar situations and ask if they would recommend the lawyer they used. Unfortunately the chances are pretty low of being approved. Luckily you seem to be settled in the US and things seem to be going well so you have other options. Best of luck.

 

[DEEPCUR]

Honestly it sounds like your daughter is getting better services than she would get in Canada. That is something you should consider. Unfortunately even if you agree to fund a large part of her care there are no legal way of making you follow through with that plan. There are somewhat similar cases in the news this year and in the past 5 years. You may want to see who they used for legal representation. I would also search this forum to look for similar situations and ask if they would recommend the lawyer they used. Unfortunately the chances are pretty low of being approved. Luckily you seem to be settled in the US and things seem to be going well so you have other options. Best of luck.

My guess is that they must be in H1 or L1 visa in US. Indians have huge backlogs for green card these days due too the system they have, and have very slim chances of getting one in next 10-15 years if they have applied after 2011. That could be the reason why op wishes to move to Canada

 

[canuck78]

My guess is that they must be in H1 or L1 visa in US. Indians have huge backlogs for green card these days due too the system they have, and have very slim chances of getting one in next 10-15 years if they have applied after 2011. That could be the reason why op wishes to move to Canada

Yes.that is what I assumed as well.