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Author Topic: wife diagnosed with Cancer during visa process  (Read 2710 times)
RobsLuv
Champion Member
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Posts: 1825
Ratings: +122
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
File Transfer...: n/a
Med's Request: Reprocessing:7May2010
Med's Done....: Jun2010
Interview........: n/a
Passport Req..: 30Nov2010!!
VISA ISSUED...: 31Dec2010!!
LANDED..........: 31Jan2011

« Reply #30 on: April 23, 2011, 11:42:01 am »

First of all sorry to hear about your wife brother.  For your question, I am not 100% sure but I think it will effect your file with CHC as they will be concern that your wife will be using a lot of medical resources right after her medical benefit gets granted.  Thats the reason every new comer has to wait 3 months for their medical benefits to kick in.  If the medical wasn't free in Canada (like USA) it wouldn't have mattered that much to them but since it is free, they will defenately be concerned.  But again I am not sure about this but just wanted to give you a heads up.

bigmakdaddy is wrong - spousal applicants are excessive demand exempt!  Cancer does not make your wife inadmissible to Canada!  

From the IRPA, Section 38
Health grounds

38. (1) A foreign national is inadmissible on health grounds if their health condition

(a) is likely to be a danger to public health;

(b) is likely to be a danger to public safety; or

(c) might reasonably be expected to cause excessive demand on health or social services.

Exception

(2) Paragraph (1)(c) does not apply in the case of a foreign national who

(a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations;

(b) has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;

(c) is a protected person; or

(d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).[/quote]

From Section 24 of the Regulations

24. For the purposes of subsection 38(2) of the Act, a foreign national who has been determined to be a member of the family class is exempted from the application of paragraph 38(1)(c) of the Act if they are

(a) in respect of the sponsor, their [spouse, common-law or] conjugal partner, their dependent child or a person referred to in paragraph 117(1)(g); or

(b) in respect of the spouse, common-law partner or conjugal partner of the sponsor, their dependent child.
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Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son.  Won appeal 1'10.  Back in process 4'10, new meds req 5'10 - submitted in June.  New FBI submitted 8'10  Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
husband2010
Member
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Posts: 19
Ratings: +0

« Reply #31 on: April 26, 2011, 08:30:09 am »

Khan82,

Thanks alot brother for your reply and your kind prayers, and sorry for being late as I am the sole care giver to my wife , so getting time to check internet is quite difficult.
May Allah give you all the pleasures in Life

Best Regards,


Dear brother dont worry inshallah she will recover and she will have long life with you our prayer is with her may Allah give her all happiness and long life in reward with you ...................Allah is very kind inshallah Allah will help you guys best of luck for both of you pass lots of my regards to her and tell her she will be fine soonnnnnnnnnnnnnnnnn Allah is the best and i will pray alot for her.
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husband2010
Member
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Posts: 19
Ratings: +0

« Reply #32 on: April 26, 2011, 08:38:20 am »

Thanks RobSLuv,

I am Thankful to your reply. I hope that we can get the visa before her medical expiry so that we are not stuck with the CIC.

Regards.



bigmakdaddy is wrong - spousal applicants are excessive demand exempt!  Cancer does not make your wife inadmissible to Canada!  

From the IRPA, Section 38
Health grounds

38. (1) A foreign national is inadmissible on health grounds if their health condition

(a) is likely to be a danger to public health;

(b) is likely to be a danger to public safety; or

(c) might reasonably be expected to cause excessive demand on health or social services.

Exception

(2) Paragraph (1)(c) does not apply in the case of a foreign national who

(a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations;

(b) has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;

(c) is a protected person; or

(d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).

From Section 24 of the Regulations

24. For the purposes of subsection 38(2) of the Act, a foreign national who has been determined to be a member of the family class is exempted from the application of paragraph 38(1)(c) of the Act if they are

(a) in respect of the sponsor, their [spouse, common-law or] conjugal partner, their dependent child or a person referred to in paragraph 117(1)(g); or

(b) in respect of the spouse, common-law partner or conjugal partner of the sponsor, their dependent child.
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canadianwannabe
Full Member
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Posts: 36
Ratings: +0
Category........: FSW1
Visa Office......: London
NOC Code......: 7251
App. Filed.......: 01-02-2010
Doc's Request.: 27.04.2010
AOR Received.: 05.07.2010
File Transfer...: 05.05.2010

« Reply #33 on: September 24, 2011, 02:00:03 pm »

Hi I am also looking for advice I am in process in my immigration file and awaiting medicals I have not been in contact with London embassy for over 6 months as my wife was diagnosed with grade 3 aggressive breast cancer, she had chemotherapy and two operations and now is having radiotherapy and another operation in preventative surgery, will she get through medicals or not, I am the skilled worker and after this treatment she is classed as being in remission and we still desperatley want to go to Canada. But we did not continue as we thought we would not be allowed after this set back but after reading these posts it seems there might be a way??? all help would be greatly appreciated please
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CharlieD10
VIP Member
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Posts: 4657
Ratings: +130
Category........: FAM
Visa Office......: KGN
App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: ?

« Reply #34 on: September 24, 2011, 05:09:41 pm »

Hi I am also looking for advice I am in process in my immigration file and awaiting medicals I have not been in contact with London embassy for over 6 months as my wife was diagnosed with grade 3 aggressive breast cancer, she had chemotherapy and two operations and now is having radiotherapy and another operation in preventative surgery, will she get through medicals or not, I am the skilled worker and after this treatment she is classed as being in remission and we still desperatley want to go to Canada. But we did not continue as we thought we would not be allowed after this set back but after reading these posts it seems there might be a way??? all help would be greatly appreciated please

Skilled Worker applications are different from Family Class.  Family Class is the only immigration "stream" that allows for excessive medical demand exemption for spouses.
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Spreadsheet for KG applications status since 2008.
shamsia
Champion Member
******

Posts: 1587
Ratings: +33
Category........: FAM
Visa Office......: New Delhi
App. Filed.......: 30-06-2011
File Transfer...: 31-08-2011
Med's Done....: 16-06-2011
Interview........: Waived
Passport Req..: 14-11-2011
VISA ISSUED...: 10-01-2012
LANDED..........: March 15th - Saudi Arabia; April 6th - Canada. Inshallah!

« Reply #35 on: September 24, 2011, 06:01:47 pm »

 @ husband2010 & canadianwannabe: My heart goes out to you both. My prayers are with you guys! Husband2010, I hope your wife responds well to the treatment and that she leads a full, happy life. Miracles DO happen, and I believe this one will too!!
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Insanity does not run in my family. It strolls through, takes it's time & gets to know everyone.
jasvarun
Hero Member
*****

Posts: 226
Ratings: +0
Category........: FAM
Visa Office......: Sydney,Australia to New Delhi, India
App. Filed.......: feb 2011
Interview........: Waived
VISA ISSUED...: Visa Issued SEP 2011
LANDED..........: Oct-2011

« Reply #36 on: September 24, 2011, 06:30:46 pm »

Hey buddy, very sorry to hear what your wife is going through.... Hope she gets better soon.. Wish you both good luck.. God bless all...
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Spreadsheet Link---
https://docs.google.com/spreadsheet/ccc?key=0Av9TgC40eKrAdEZhOFpnOXpXWG9EWS1rdURyWXMtTWc#gid=0
eeeeeeeelectric
Star Member
****

Posts: 113
Ratings: +0
Category........: FAM
Visa Office......: Buffalo
Job Offer........: Yes
App. Filed.......: 20-05-2011
AOR Received.: 05-07-2011
Med's Done....: 15-03-2011
Passport Req..: 1-16-2012
VISA ISSUED...: 1-19-2012
LANDED..........: 1-21-2012

« Reply #37 on: September 24, 2011, 07:17:47 pm »

My prayers are with you both, husband2010 & canadianwannabe.  I am sorry for your plights.  I will send special thoughts your ways and truly hope for healing and union in Canada very soon!
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sahibzada_2010
Hero Member
*****

Posts: 314
Ratings: +11
Category........: FAM
Visa Office......: Islamabad

« Reply #38 on: September 24, 2011, 07:35:44 pm »

I am very sorry to hear about this.. Believe me tears comes in my eyes for reading the thread.... Hope things work for you....

Just give her love and time. Don't let her to feel the pain of her disease. Hold her hand and kiss her forehead... This is where she needs your support and she will forget about the disease...

God bless her.
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“LAILA” lasona sra kavi da loy akhtar da para.
Mrs Proper
Hero Member
*****

Posts: 626
Ratings: +4
Visa Office......: kgn
App. Filed.......: 11-20-2010
Doc's Request.: -
Nomination.....: -
AOR Received.: -
IELTS Request: -
File Transfer...: 10-01-2011
Med's Request: redo May 2011
Med's Done....: Oct 2010
Interview........: waived
Passport Req..: oct19,2011
VISA ISSUED...: oct 25,2011
LANDED..........: landed in toronto oct 27,2011

« Reply #39 on: September 24, 2011, 08:25:14 pm »

Husband2010- wow I am very sorry to hear this sad news about you wife, and its even more devastating when she is so young, but you are right. Hold onto faith, hope and prayer and she will pull through. My uncle had colon cancer and lived through it and is 2 yrs cancer free now. My other uncle just found out he has it about 2 mths ago and is undergoing chemo right now. He is stage 3 as well. The family was devastated to hear these news so I can imagine how you must be feeling. Just make sure on the days she feels well she's out getting fresh air, laughing and enjoying life. I'm sure there are days where its very rough for her and she's sick. My dad also is a cancer survivor!! With everyones hopes and prayers she will get through this difficult time. I'm praying for you both!!!!! Take care
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elkan
Star Member
****

Posts: 54
Ratings: +3
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 25-09-2010
AOR Received.: 23-11-2010
Passport Req..: 13-05-2011

« Reply #40 on: September 27, 2011, 04:29:38 pm »

Hi there,
First off, I'm very sorry to hear about your wife's diagnosis. I know it's an added stress onto an already stressful situation. I know, because I went through the same thing. I sponsored my boyfriend via the conjugal route and after we submitted our completed application he was also diagnosed with cancer. We did inform the Visa office of the news and it did not affect the decision negatively, he received his PR card and has since landed, got his Health Card, and is now looking for an Oncologist in Ontario to continue his follow up appointments.

Hope this calms your nerves.

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Medicals done: July 2010
FBI Certification Received: August 2010
Application filed: September 27th, 2010
Sponsorship Approval: October 26th, 2010
In Process in B'lo: November 12th, 2010
Meds Rcvd: November 12th
AOR Received: November 23rd
PPR: May
husband2010
Member
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Posts: 19
Ratings: +0

« Reply #41 on: January 18, 2012, 09:47:03 pm »

CharlieD10    shamsia   jasvarun   eeeeeeeelectric   sahibzada_2010  Mrs Proper  elkan.....

Thanks for all your concerns, and i am so so so sorry for the late reply............My wife got her visa, and came to canada.....luckily she got her visa before her medical expiry.....so noting was asked....

By the grace of Allah....she is cancer free as of now........

Thank you all
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shamsia
Champion Member
******

Posts: 1587
Ratings: +33
Category........: FAM
Visa Office......: New Delhi
App. Filed.......: 30-06-2011
File Transfer...: 31-08-2011
Med's Done....: 16-06-2011
Interview........: Waived
Passport Req..: 14-11-2011
VISA ISSUED...: 10-01-2012
LANDED..........: March 15th - Saudi Arabia; April 6th - Canada. Inshallah!

« Reply #42 on: January 19, 2012, 02:05:40 am »

So happy to hear this! Good luck and hope she stays cancer free all her life Smiley
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Daisypath Anniversary tickers
Insanity does not run in my family. It strolls through, takes it's time & gets to know everyone.
husband2010
Member
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Posts: 19
Ratings: +0

« Reply #43 on: January 19, 2012, 03:36:44 pm »

So happy to hear this! Good luck and hope she stays cancer free all her life Smiley


Thanks and AMEEN....
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