Medical Inadmissibility

[Lemara]

Im currently in the process of applying for permanent residency in Quebec.
I haven’t got final respond yet but based on last e-mail from immigration officer there is a high chance that my application will be denied due to Medical Inadmissibility in the file got medical stage validity- M05
During medical examination god diagnose -atrial septal defect (ASD) and was offered to do the operation. Due to conflicting opinion from second independent specialist who advised that operation is not necessary due to age and lack of complication, was also advised that operation could be more damaging to her health at her age, so I’ev decided against having the operation
Im wondering do I have other options like resident permit without being entitle to complimentary medical care of Canada or by purchasing private insurance; or is the option like temporary permit granted;
I don’t want to loose my chance to complete my immigration process but at the same time I don’t want to take unnecessary risk of having hart surgery;
Any information / advice gratefully appreciated;

 

[computergeek]

Sorry I missed this earlier - excessive demand medical inadmissibility is an area of personal interest.

When you receive a fairness letter you have three choices:

- Ignore it, in which case you will receive a rejection letter
- Challenge the medical opinion
- Provide a plan to mitigate the costs

This is very province specific and the CIC officers only know things that allow them to rule you as being medically inadmissible, not things that might assist you in mitigating. For example, one of the key legal decisions (Deol) pointed out that there was a Manitoba bond program that would have assisted - the court concluded CIC had no obligation to disclose information about that program to the applicant or sponsor (it was a parental sponsorship application). So the lesson is: do your own homework, because you must present EVERYTHING to CIC.

In my own case, they sent out a generic form letter. We presented detailed information back, including a comprehensive mitigation plan (private insurance and a medical reimbursement plan to cover 100% of costs). Just yesterday I learned the medical officer's reasoning. Had she been clear at all in the fairness letter, we could have responded appropriately. What I think will get her into trouble is that her reasons are not in any of the internal notes or records - it's all after-the-fact rationalization for it.

So, it sounds like you may be able to challenge the medical opinion. To do this, you need letter(s) from doctors stating that the operation is not necessary nor will it be necessary in the 5-10 year time period considered by CIC.

You may also argue that you can mitigate the cost should it arise. The case law here is a bit murky, but you have to be able to demonstrate a plan that is not dependent upon you personally (e.g., your promise to pay) and that you can demonstrate will happen or is already established (one case refers to the idea that one COULD get insurance as being "inchoate" and thus not worthy of consideration.)

I'd strongly suggest using one of the handful of attorneys with experience in medical inadmissibility in preparing your response - your case is complex and there are a few that really do have a good handle on what works in persuading CIC to accept your mitigation plan.

If they refuse your application, you have the option to file an application for judicial review. In general, I don't think JR is a great way to go, but based upon my review of cases in the past 7 years or so, I'd note that JR is granted in about 75% of those medical inadmissibility cases that are granted a hearing - which is an amazing average since the overall rate is around 20% (or less) for all applications that the court hears.

Good luck. If I can answer any other questions, please let me know.

 

[hope_life]

buddy +1 for you .

Sorry I missed this earlier - excessive demand medical inadmissibility is an area of personal interest.

When you receive a fairness letter you have three choices:

- Ignore it, in which case you will receive a rejection letter
- Challenge the medical opinion
- Provide a plan to mitigate the costs

This is very province specific and the CIC officers only know things that allow them to rule you as being medically inadmissible, not things that might assist you in mitigating. For example, one of the key legal decisions (Deol) pointed out that there was a Manitoba bond program that would have assisted - the court concluded CIC had no obligation to disclose information about that program to the applicant or sponsor (it was a parental sponsorship application). So the lesson is: do your own homework, because you must present EVERYTHING to CIC.

In my own case, they sent out a generic form letter. We presented detailed information back, including a comprehensive mitigation plan (private insurance and a medical reimbursement plan to cover 100% of costs). Just yesterday I learned the medical officer's reasoning. Had she been clear at all in the fairness letter, we could have responded appropriately. What I think will get her into trouble is that her reasons are not in any of the internal notes or records - it's all after-the-fact rationalization for it.

So, it sounds like you may be able to challenge the medical opinion. To do this, you need letter(s) from doctors stating that the operation is not necessary nor will it be necessary in the 5-10 year time period considered by CIC.

You may also argue that you can mitigate the cost should it arise. The case law here is a bit murky, but you have to be able to demonstrate a plan that is not dependent upon you personally (e.g., your promise to pay) and that you can demonstrate will happen or is already established (one case refers to the idea that one COULD get insurance as being "inchoate" and thus not worthy of consideration.)

I'd strongly suggest using one of the handful of attorneys with experience in medical inadmissibility in preparing your response - your case is complex and there are a few that really do have a good handle on what works in persuading CIC to accept your mitigation plan.

If they refuse your application, you have the option to file an application for judicial review. In general, I don't think JR is a great way to go, but based upon my review of cases in the past 7 years or so, I'd note that JR is granted in about 75% of those medical inadmissibility cases that are granted a hearing - which is an amazing average since the overall rate is around 20% (or less) for all applications that the court hears.

Good luck. If I can answer any other questions, please let me know.

 

[skilledman]

Dear all,

How/when CIC inform us either admissible or inadmissible to canada after we did medical?

If VO says 'send ur original passport after two
month of u done medical' and if this time
is passed and sent passport, can i say i have already
passed medical?

With regards,

 

[hope_life]

brother, this context is totally different than what you have asked.

Dear all,

How/when CIC inform us either admissible or inadmissible to canada after we did medical?

If VO says 'send ur original passport after two
month of u done medical' and if this time
is passed and sent passport, can i say i have already
passed medical?

With regards,

 

[lhr_montreal]

Im currently in the process of applying for permanent residency in Quebec.
I haven't got final respond yet but based on last e-mail from immigration officer there is a high chance that my application will be denied due to Medical Inadmissibility in the file got medical stage validity- M05
During medical examination god diagnose -atrial septal defect (ASD) and was offered to do the operation. Due to conflicting opinion from second independent specialist who advised that operation is not necessary due to age and lack of complication, was also advised that operation could be more damaging to her health at her age, so I'ev decided against having the operation
Im wondering do I have other options like resident permit without being entitle to complimentary medical care of Canada or by purchasing private insurance; or is the option like temporary permit granted;
I don't want to loose my chance to complete my immigration process but at the same time I don't want to take unnecessary risk of having hart surgery;
Any information / advice gratefully appreciated;

May God give you health and success in all your endeavors.

 

[igbehinadara]

The Lord will sort you out my dear.The plans of God for your family cannot be thwarted by any health condition,he will best direct you on what to do.


Ig

 

[ruhee]

I am an applicant of FSW13. My family consists of my wife, son of 7+ years and a daughter of 3+ months.
I received medical request on 21.10.2014 and completed on 25.10.2014. My son is a case of Cerebral Palsy, he can walk with support but can not speak at all, which I mentioned from the very beginning of my application. The panel physician then asked for an assessment by my son’s neurologist. I submitted the assessment on 28.10.2014. On 05.11.2014, I was informed by the panel physician that I have to submit an up to date assessment of cerebral palsy by a clinical psychologist along with IQ test which is a requirement of CIC. I have started to work on that.
In this situation, I seek your advice about what to do next.

 

[emiiuki]

I am an applicant of FSW13. My family consists of my wife, son of 7+ years and a daughter of 3+ months.
I received medical request on 21.10.2014 and completed on 25.10.2014. My son is a case of Cerebral Palsy, he can walk with support but can not speak at all, which I mentioned from the very beginning of my application. The panel physician then asked for an assessment by my son's neurologist. I submitted the assessment on 28.10.2014. On 05.11.2014, I was informed by the panel physician that I have to submit an up to date assessment of cerebral palsy by a clinical psychologist along with IQ test which is a requirement of CIC. I have started to work on that.
In this situation, I seek your advice about what to do next.

My advice is to provide the documents that they ask from you.

 

[amirsrima]

Dear all,

How/when CIC inform us either admissible or inadmissible to canada after we did medical?

If VO says 'send ur original passport after two
month of u done medical' and if this time
is passed and sent passport, can i say i have already
passed medical?

With regards,

After you have done medical, mostly medical center keeps in touch untill all queries resolved to their satisfaction and reaching medical decision about you and your family. Mostly, when they are satisfied and positive reort is recieved by VO, you get third line added on ECAS (Medical results have been recieved). On the other hand, if there is an issue VO / CIC communicates stating medical reasons of non qualification. 3rd line addition on ECAS is followed by PPR1 (but no timelines are sure).

 

[emiiuki]

After you have done medical, mostly medical center keeps in touch untill all queries resolved to their satisfaction and reaching medical decision about you and your family. Mostly, when they are satisfied and positive reort is recieved by VO, you get third line added on ECAS (Medical results have been recieved). On the other hand, if there is an issue VO / CIC communicates stating medical reasons of non qualification. 3rd line addition on ECAS is followed by PPR1 (but no timelines are sure).

I think that the guy you are replying to is in Canada for a long time.

 

[computergeek]

I am an applicant of FSW13. My family consists of my wife, son of 7+ years and a daughter of 3+ months.
I received medical request on 21.10.2014 and completed on 25.10.2014. My son is a case of Cerebral Palsy, he can walk with support but can not speak at all, which I mentioned from the very beginning of my application. The panel physician then asked for an assessment by my son's neurologist. I submitted the assessment on 28.10.2014. On 05.11.2014, I was informed by the panel physician that I have to submit an up to date assessment of cerebral palsy by a clinical psychologist along with IQ test which is a requirement of CIC. I have started to work on that.
In this situation, I seek your advice about what to do next.

You should also begin preparing for notification that you may be inadmissible under A38 ("excessive demand") as the care of your child will have costs associated with his medical condition. In the end, the visa office will be primarily concerned with the costs involved, but the costs for any special needs child dramatically exceed the excessive demand threshold from what I have seen in the past.

If you have the financial ability to engage the services of an attorney, there are a few that specialize in cases like yours and I can PM that information to you. Fighting CIC on medical inadmissibility is expensive and can cost $5000 or more with the services of an attorney.

 

[emiiuki]

You should also begin preparing for notification that you may be inadmissible under A38 ("excessive demand") as the care of your child will have costs associated with his medical condition. In the end, the visa office will be primarily concerned with the costs involved, but the costs for any special needs child dramatically exceed the excessive demand threshold from what I have seen in the past.

If you have the financial ability to engage the services of an attorney, there are a few that specialize in cases like yours and I can PM that information to you. Fighting CIC on medical inadmissibility is expensive and can cost $5000 or more with the services of an attorney.

Could you tell me as from which amount of CAD are treatment costs considered as excessive?

 

[computergeek]

Could you tell me as from which amount of CAD are treatment costs considered as excessive?

It varies over time. As I recall, the last number was $6285/yr over 5 years.

 

[canvar]

Hi All,

Requesting ur help on my scenario.

I am the primary applicant and have vision impairment (Lost vision in one eye due to congenital visual Problem) and have full vision in another eye (No impairments and congenital prob).

All these years i do not spend any money with respect to my condition as i feel normal with no medical need.

Will i fall in EDE?

Thank you all. And wish your answers will be useful like many of me..

Regards
Canvar