Dual intent and medical inadmissibility

[Deficient]

I have a spousal application in process in London but have been subject to a couple of additional medical requests to rule out TB. I'm confident that I do not have TB but I understand CIC need to tick all their boxes and whatnot. I just received the second request today and expect to have it turned around within a week.

My issue now is that I intend to move to Canada in mid-September and it's rather unlikely that everything will be received AND approved by CIC by then. So I am not convinced that I'm likely to be approved from a medical point of view on the date that I intend to enter Canada.

I had anticipated, even without these medical-related delays, that perhaps I would have to enter initially as a visitor with dual intent and then activate PR later once it was approved, but the idea of not even being approved medically when I try to enter seems risky. I read the operational bulletin on dual intent and I see that medical inadmissibility is one of several reasons that one can be denied temporary residence under dual intent.

What's not clear to me right now is whether I am, as things stand right now, medically inadmissible. Is someone considered medically inadmissible until determined to be medically admissible? Or is someone considered just 'undetermined' until finally being determined as medically admissible or inadmissible.

I hope this question makes sense. To me, this seems like the difference between me being granted entry or turned away.

Any insights would be very gratefully received.

 

[Deficient]

7.1. Medical inadmissibility for temporary entry
An applicant inadmissible as a permanent resident may not be inadmissible as a
temporary resident. A permanent resident may require services that a temporary resident
with the same condition would not require. An officer cannot use the results of a
permanent resident's examination to refuse an application for temporary entry into
Canada.
When an applicant changes categories, an officer must review the medical examination
results for the new category. When a medical notification for the new category is
received, an officer may then make a decision.

From this document: http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf

This sounds pretty positive.

Am I deluding myself?

 

[parker24]

I have a spousal application in process in London but have been subject to a couple of additional medical requests to rule out TB. I'm confident that I do not have TB but I understand CIC need to tick all their boxes and whatnot. I just received the second request today and expect to have it turned around within a week.

My issue now is that I intend to move to Canada in mid-September and it's rather unlikely that everything will be received AND approved by CIC by then. So I am not convinced that I'm likely to be approved from a medical point of view on the date that I intend to enter Canada.

I had anticipated, even without these medical-related delays, that perhaps I would have to enter initially as a visitor with dual intent and then activate PR later once it was approved, but the idea of not even being approved medically when I try to enter seems risky. I read the operational bulletin on dual intent and I see that medical inadmissibility is one of several reasons that one can be denied temporary residence under dual intent.

What's not clear to me right now is whether I am, as things stand right now, medically inadmissible. Is someone considered medically inadmissible until determined to be medically admissible? Or is someone considered just 'undetermined' until finally being determined as medically admissible or inadmissible.

I hope this question makes sense. To me, this seems like the difference between me being granted entry or turned away.

Any insights would be very gratefully received.

You're the spouse correct? You are medically exempt. As in, even if you have AIDS you will still get past the medicals (If you were another family member, that's a completely different story)

 

[Creampop]

You're the spouse correct? You are medically exempt. As in, even if you have AIDS you will still get past the medicals (If you were another family member, that's a completely different story)

I was told that the excessive demand on the health care could be waived but if you had a communicable disease that could cause an out-break and/or put public safety at risk it needed to be tended to and you would have to be cleared... my oldest son had TB his senior year did the antibiotics for 9 months and was given a clean bill of health but I was tested for TB cus the DMP wanted to make sure even tho it had been past 2 years and I had been tested at the time he was diagnosed...

 

[OhCanadiana]

I was told that the excessive demand on the health care could be waived but if you had a communicable disease that could cause an out-break and/or put public safety at risk it needed to be tended to and you would have to be cleared... my oldest son had TB his senior year did the antibiotics for 9 months and was given a clean bill of health but I was tested for TB cus the DMP wanted to make sure even tho it had been past 2 years and I had been tested at the time he was diagnosed...

Yes, so if the OP has active TB the OP would need to have it treated before the PR visa is approved.

 

[LeisaP]

Yes, so if the OP has active TB the OP would need to have it treated before the PR visa is approved.

if it is inactive they will be fine? no need for further treatment before the visa is issued?

 

[Deficient]

if it is inactive they will be fine? no need for further treatment before the visa is issued?

That's right but as far as I know they would require inactive TB to be monitored after landing.

 

[LeisaP]

That's right but as far as I know they would require inactive TB to be monitored after landing.

Yeah, I was wondering about that.

my husband got his first medical done in march 2011(way to early for our application, this was an accident) in canada, they suspected him of TB so he underwent additional testing every 3 months for about 1 year, xrays, and skin tests. but everything came up negative, and when he went to renew his work permit in august 2011. the clinic sent cic a letter saying he had undergone testing and they came up negative and tb was inactive.
But now we are almost done our process and he was requested to redo his medical because its expired now. im hoping they wont request more tests because cic was told once that it was inactive.
or if they do ask for tests because i know they dont really cooperate much internally lol. im hoping we can get the clinic to send them another paper saying he already did them and they were all negative.

im hoping they dont delay giving his visa over this. :-\

 

[Creampop]

my son's TB was inactive, the treatment for inactive TB is 9 months of antibiotics you can not miss one pill or the treatment will not work I remember the doctor being specific about that, after the 9 months he had another chest x-ray and he was given a clean bill of health. so since there is risk of it becoming active I would think that even if you had inactive TB you would have to complete the treatment.

 

[Deficient]

Yeah, I was wondering about that.

my husband got his first medical done in march 2011(way to early for our application, this was an accident) in canada, they suspected him of TB so he underwent additional testing every 3 months for about 1 year, xrays, and skin tests. but everything came up negative, and when he went to renew his work permit in august 2011. the clinic sent cic a letter saying he had undergone testing and they came up negative and tb was inactive.
But now we are almost done our process and he was requested to redo his medical because its expired now. im hoping they wont request more tests because cic was told once that it was inactive.
or if they do ask for tests because i know they dont really cooperate much internally lol. im hoping we can get the clinic to send them another paper saying he already did them and they were all negative.

im hoping they dont delay giving his visa over this. :-\

I'm not sure what would happen in this case but I'll use my imagination a bit

Worst case scenario: he might be requested to do more x ray and additional testing again. My letter requested an x ray taken 3 months after the medical x ray plus sputum tests. Or instead of the sputum tests, I could do an x ray 6 months after the medical x ray (this is what I am being asked for again now) or provide an x ray from 6 months before the medical x ray if I happened to have one available (I didn't). Obviously your husband already has a bunch of x rays available so at worst I can imagine he might have to do the x ray dated 3 months after the medical x ray and then in addition to that he could very well submit one of his older x rays instead of doing any further tests or x rays. All they want to see is that the situation is stable apparently. I hope that makes sense. Basically, at worst I think it would only hold things up for another 3 months for him to do the additional x ray 3 months after the date of the medical, plus however long it takes to submit that additional evidence and to have them review it. So maybe 5 months delay at most?! Which I know is horrifying!! It depends on how long it takes them to review things. I know it took them about 5-6 weeks to review my last bunch of additional medical stuff before requesting more from me.

Best case scenario: they just accept the additional testing and x rays he has already done as satisfying their requirements. Or they might accept a report from that clinic stating that he's already satisfactorily jumped through those hoops. Fingers crossed.

But as I say, all of this is just guesswork and using my imagination. Maybe someone who has experienced this will post?


Returning to the topic at hand, does anybody have any insights into my initial question, i.e. does my lack of medical approval for PR entail that I could be turned away at the border when trying to enter for temporary residency under dual intent? I don't anticipate that I will be actually deemed medically inadmissible for PR, but I don't know if it is a problem that I am NOT YET medically admissible while trying to enter Canada.

I realise this is probably a pretty rare circumstance but I hoped maybe such a thing had been seen before here.