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Will permanent resident visa be approved for dependent with HIV?

Jeremiah123

Newbie
Jun 23, 2012
4
0
Anyone knows here if the application for permanent residence visa will be granted, will be approved if the dependent has HIV. And the dependent is on antiretroviral therapy. The dependent child is on stage 1 of without showing any signs and symptoms. The dependent child is in the Philippines and it was her mom who is the sponsor, her mom is holding working visa at this time, her mom is already in canada for 5 years, and her mom is applying for permanent residence visa under the live in caregiver program together with her application for permanent residence visa are her dependent child. Is the visa application of the mom for permanent residence visa be granted.? How about with the dependent child with HIV, will it be granted, even if the child is on antiretroviral therapy. Could anyone give me feedback about this. I would really appreciate. Thank you so much.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
It is very hard. Immigration looks at if the medical problem may end up costing Canadian health care more than $5,000 per year which I believe HIV will at some point. Another thing, having a dependent child which is not admissible to Canada, the mother will be refused as well.
 

Jeremiah123

Newbie
Jun 23, 2012
4
0
are you sure of this? why can you say so? have you been in also in this kinds of situation? or do you know any person who has also the same with my situation?
 

Leon

VIP Member
Jun 13, 2008
21,950
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I have met a couple of people on this forum who were trying to immigrate with disabled children and I have also met someone who was trying to appeal to immigration that she would be allowed to immigrate herself with hepatitis. Immigration said it would be too expensive for Canada.
 

scylla

VIP Member
Jun 8, 2010
92,935
20,542
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Unfortunately I agree with the information provided by Leon. I think it will be very difficult for the child to be approved. And if the child is refused then the parents will be automatically refused as well.

To overcome the refusal, you would have to prove that you have sufficient funds/resources to cover the costs of the treatment yourself to avoid being a burden to the Canadian health care system. And even if someone can prove the have sufficient funds to cover the costs, CIC is still typically very reluctant to approve.

We do see cases here from time to time where an entire family is refused due to one individual's illness.
 

Jeremiah123

Newbie
Jun 23, 2012
4
0
But the excessive demand does not apply to the dependent child. And my mother is on open work permit and she don't need immigration medical exam, last requested to her is her fingerprints, we had our medical on december, and she was asked to give her fingerprints on february.
 

scylla

VIP Member
Jun 8, 2010
92,935
20,542
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Excessive demand does not apply to a dependent child only if that dependent child is being sponsored through family class. Based on the information you've provided, this is not a family class application. This is an LCP applying to become a PR who has a dependent child (and if that's the case, then excessive demand does in fact apply).

Maybe you'll get lucky and get through...
 

Leon

VIP Member
Jun 13, 2008
21,950
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Scylla is right. If the whole family is applying together, they can all be denied because of 1 family members serious illness.

In cases where a person who is already PR is sponsoring their family, a spouse or a dependent child is not affected by the excessive demand clause. However, if the children are already born before the parent applied for PR, they must be included in the application and must be examined. If they are not examined they can not be sponsored later.
 

Jeremiah123

Newbie
Jun 23, 2012
4
0
is live in caregiver program different from family class sponsorship? so what can we do with this? the dependent is on anti-retroviral because his cd4 count is 240, he's doctor said he is on stage 1 without any signs and symptoms? is it possible to approved our visa application with this issue? and if possible we can just make a letter informing the CIC that the dependent will not depend any medication from CIC because the dependent will get his medication here in the philippines, and that the dependent's doctor will just send the medication in canada if possible admitted?

i just really want and hoping, and praying a lot that may my visa application be approved, and that if given a chance to live life to the fullest, start a new life, earn for a better future in canada, get medical support from canada if possible and if it is o.k with them, so i can help my family, and to help some people who are in my situation too, i want to work with this group in canada specializing in this kind of situation, and help them that life doesn't end there, that everyone has a chance to life life more better than before. please pray for me... thank you so much... i hope everything will be o.k...
 

Leon

VIP Member
Jun 13, 2008
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Family sponsorship is different than any other immigration program in this effect. It doesn't matter if the mother is a live-in caregiver or a university professor with 3 PhD's, it is still very hard to immigrate with a dependent who is considered excessive demand. One of them is showing that you have so much money that the child will never need assistance from Canada's health care and the other unfortunately is to let some relatives adopt this child and exclude it from the application.

The logic of immigration is that they should not allow people to immigrate if they will be a burden on health care and if one family member is considered to be a burden on health care, then the whole family can be excluded. The only exception is family class sponsorship where a person is already PR or a citizen but wants their family members to join them.
 

jatinder751

Full Member
Jul 2, 2012
28
1
Category........
NOC Code......
none
Job Offer........
Pre-Assessed..
Hello I just want to tell here that I have a full time job paying $20.75 and a part time job paying $11 and many benefits such as dental and medications.. And if I buy a private medical insurance right now for the record, because I can afford it with my jobs, and of I can show 15000$ funds will it be enough for to convince that I won't be a " burden" on them. Please provide your feedback .. Thanks
 

scylla

VIP Member
Jun 8, 2010
92,935
20,542
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I don't think you should worry until you know if your health issues are going to be a problem for your PR application. Perhaps they won't be. If your health issues do become a problem, you will be given an opportunity to submit additional information to prove you won't be a burden to the health care system.

To answer your question, I think you will find it difficult to purchase insurance at a reasonable price that covers pre-existing conditions. These types of insurance policies tend to be very expensive. However I would do the research now to see what it will cost and find a company who is willing to cover you so that you have this information in the event your health becomes an issue for your PR application.

Unfortunately I don't think that $15K will be seen as substantial savings to prove you won't be a burden. I think CIC is looking for balance that are more in the neighbourhood of several hundred thousand dollars or over a million.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
If you are already in Canada on a work permit and you have a job where the employer includes a group insurance and this insurance covers some part of your medication, that may help to show that you will not be a burden.
 

jatinder751

Full Member
Jul 2, 2012
28
1
Category........
NOC Code......
none
Job Offer........
Pre-Assessed..
Hi first of ol thank you very much to both of you for giving me your time. Well yes I am in Canada currently and has good jobs and no health issues at ol except for the fact I was diagnosed with hep c. But I accept the reality and have no regrets. But like everyone, who would like to give away jobs and so many opportunities. And my other question might be a sign of high anxiety but I hope I'll be able to get some information regarding this my question is has there been any case approved in Canada when applicant was hep c positive. Out of family class. Any feedback is valuable. Please & thanks! :)
 

Creampop

Hero Member
Jun 15, 2012
876
16
123
Waterloo ON
Category........
Visa Office......
Buffalo closed > Ottawa > Finalized in LA
Job Offer........
Pre-Assessed..
App. Filed.......
April 23rd, 2012
Doc's Request.
RPRF-September 14th, 2012
File Transfer...
7/23/12 > Ottawa 10/9/12 > LA
Med's Done....
April 10th, 2012
Interview........
waived
Passport Req..
October 9th, 2012
VISA ISSUED...
CoPR issued Oct. 29, 2012 DM November 6th, 2012
LANDED..........
November 23rd, 2012
I was just wondering... everyone has been mentioning excessive demand on health or social services in Canada. But, no one mentioned danger to public health or safety, wouldn't HIV fall under this category? or our both of these waived in the family class? I just assumed that is why the medical checks for HIV hepatitis,syphilis,TB etc... cus these are commutable disease that cause outbreaks and serious illness/death if not treated.