Spousal visa for HIV+ spouse

[sofia31]

Has anyone been in this situation before????

I am HIV+ and married to a Canadian. We both live outside Canada and want to move back. Can anyone help with info??

 

[scylla]

There is no issue sponsoring an HIV+ spouse (spouses cannot be refused for this reason). There should be nothing unusual about your application process. Follow the same steps as a regular application.

 

[Betina]

Has anyone been in this situation before????

I am HIV+ and married to a Canadian. We both live outside Canada and want to move back. Can anyone help with info??

HIV is not a medical inadmissibility reason for immigrating to Canada.
Good luck!

 

[sofia31]

Hey guys thanks for your responses. It just gets so confusing reading info on the web and speaking with panel physicians and immigration lawyers. I guess all we can do is apply and take it from there.

 

[Betina]

sofia31 - for your peace of mind, here are some excerpts from the Designated Medical Practitioner Handbook (you can find it here: http://www.cic.gc.ca/english/resources/publications/dmp-handbook/appendix-02.asp - it has more details about dealing with an HIV+ applicant)

6.3 Applicants identified as being excessive demand exempt may require further investigation to determine whether they present a risk to the public health or safety of Canadians. Active tuberculosis and untreated syphilis are examples of medical conditions that present a risk to the public health in Canada. Conditions that pose a threat to public safety in Canada might include:
• certain impulsive sociopathic behaviour disorders
• some aberrant sexual disorders such as pedophilia
• certain paranoid states
• some organic brain syndromes associated with violence or risk of harm to others
• applicants with substance abuse leading to antisocial behaviour such as violence, impaired driving, or other types of hostile, disruptive behaviour

6.4 HIV infection is not of itself considered a significant public health risk for immigration assessment purposes. However, the behaviour of an HIV-infected individual may present a threat to public health and safety if the applicant does not understand the condition and the steps necessary to prevent its spread. This is why post-test counselling is fundamental to the management ofHIV-infected individuals. Counselling ensures that the applicant is aware of the condition and can take the measures necessary to prevent or minimize the spread of the virus. Counselling also provides an opportunity for the physician to identify those rare applicants who may actually indicate that their intention is to infect others with HIV. The DMP providing post-test counselling must ensure that the applicant signs the Acknowledgement of HIV Post-Test Counselling.

10.4 HIV testing is required for applicants 15 years of age and older, children who have received blood or blood products, or have a known HIV-positive mother, or where a risk factor is identified. This should be noted in IMM 5419, Section C, Summary/Prognosis.
It is considered the standard of medical practice and an obligation that a DMP counsel individuals having an HIV test both before and after the results are available. More information is available in Appendix III, including a section on HIV serology interpretation. See also Appendix IV – HIV Pre-Test Counselling, and Appendix V – HIV Post-Test Counselling, which provide an overview of issues and actions to be considered.
An ELISA test for HIV 1 and HIV 2 should be done initially. If positive, another ELISA test on the same blood sample should be performed. If the two ELISA tests are positive, these results must be confirmed with a test like the Western Blot. If the Western Blot is not available, confirmation is done with a third ELISA test by a different manufacturer.
HIV-positive applicants should have a chest x-ray done whatever their age.
Concern regarding risks to public health or safety will continue to be most important in assessing a migrant’s admissibility to Canada. HIV is not readily transmitted and is usually not considered a significant public health risk to the general public in Canada. However, those individuals with HIV who would refuse to practice safe sex, actively conceal from their partners that they are infected, and purposely seek to infect others may be considered a risk to public health and public safety. In reporting the results of HIV-positive individuals, it is very important that you provide your opinion regarding the applicant’s understanding of risk-reduction strategies and to report (Section C, Summary/Prognosis) those applicants whose behaviour may present a danger to others.
For applicants who are HIV-positive and either a spouse, a common-law partner or a conjugal partner of a Canadian sponsor, post-test counselling must include a recommendation that the applicants inform their partner of their HIV status.
After completing post-test counselling, the DMP will then ask the applicant to sign the CIC form Acknowledgement of HIV Post-Test Counselling (see Appendix VI) and include this form with the Medical Report forms sent to the regional medical office.

• 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.

 

[sofia31]

Thank you Betina. Great info!! Hopefully once I've done my application I will be able to post info that might help someone else going through the same situation.

 

[Wangab]

Thank you Betina. Great info!! Hopefully once I've done my application I will be able to post info that might help someone else going through the same situation.

How did your application go?

 

[JulianaAndrew]

How did your application go?

This thread is four years old, you shouldn't open it again. Plus, the question is pretty irrelevant, since having HIV is not a reason for refusal.