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Express Entry in Canada with ERSD Spouse

atscloud

Newbie
Jan 6, 2020
4
0
Hi. I'm considering try to emmigrate to Canada via Express Entry (maybe I get a skilled job offer from Vancouver). My spouse has ESRD (End Stage Renal Disease), currently in hemodialysis treatment. Will we have problem to become permanent resident due excessive demand on health services?

From my understanding, since she would be my dependent (I don't have any serious condition), our visa can't be denied by this reason IN THIS PROGRAM (Express Entry): https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/exam/medical-exemptions.html

I've seen a lot os posts talking about similar scenarios, but I believe that this one is unique (as far as I can tell).
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
Hi. I'm considering try to emmigrate to Canada via Express Entry (maybe I get a skilled job offer from Vancouver). My spouse has ESRD (End Stage Renal Disease), currently in hemodialysis treatment. Will we have problem to become permanent resident due excessive demand on health services?

From my understanding, since she would be my dependent (I don't have any serious condition), our visa can't be denied by this reason IN THIS PROGRAM (Express Entry): https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/exam/medical-exemptions.html

I've seen a lot os posts talking about similar scenarios, but I believe that this one is unique (as far as I can tell).
Your spouse is not exempt. Only refugees and sponsored spouses/children are exempt from the Excessive Demand Threshold. With end stage rental failure, she is almost certainly medically inadmissible, which makes you inadmissible as well.
 

atscloud

Newbie
Jan 6, 2020
4
0
Your spouse is not exempt. Only refugees and sponsored spouses/children are exempt from the Excessive Demand Threshold. With end stage rental failure, she is almost certainly medically inadmissible, which makes you inadmissible as well.
Thank you for your answer. Can you explain these words, then:

As per paragraphs R24, R117(g) and R139(4), excessive demand determinations under A38(1)(c) do not apply to:

  • spouse, common-law partner or conjugal partner
  • a dependent child (including an adopted a child) of the sponsor, or of the sponsor’s spouse, common-law partner or conjugal partner;
  • Convention Refugees;
  • protected persons.
Although such individuals must undertake a full immigration medical examination, they are not assessed for excessive demand.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
Thank you for your answer. Can you explain these words, then:

As per paragraphs R24, R117(g) and R139(4), excessive demand determinations under A38(1)(c) do not apply to:

  • spouse, common-law partner or conjugal partner
  • a dependent child (including an adopted a child) of the sponsor, or of the sponsor’s spouse, common-law partner or conjugal partner;
  • Convention Refugees;
  • protected persons.
Although such individuals must undertake a full immigration medical examination, they are not assessed for excessive demand.
As I already said, this is for sponsored spouses/children, i.e. when a Canadian citizen/PR sponsors their spouse/children.

It does not apply to economic apps. Why would you think your spouse would be exempt but you wouldn't? That makes no sense.
 

atscloud

Newbie
Jan 6, 2020
4
0
As I already said, this is for sponsored spouses/children, i.e. when a Canadian citizen/PR sponsors their spouse/children.

It does not apply to economic apps. Why would you think your spouse would be exempt but you wouldn't? That makes no sense.
So, if I were single and got PR, and after that got married with a foreign national ESRD, I could sponsor her.

Are you telling me this?
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
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
So, if I were single and got PR, and after that got married with a foreign national ESRD, I could sponsor her.

Are you telling me this?
Yes - that's correct. But not an option for you since you are already married. She must be included as a dependent in your application and must pass the medical. As said above, she is not exempt from excessive demand.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
Getting divorced and then applying for PR and then get remarried that would not work. Just want to mention this in case you are considering this. Some people do consider these things. You would need significant proof that you were actually truly divorced and this was not for medical reason. Not worth it.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
So, if I were single and got PR, and after that got married with a foreign national ESRD, I could sponsor her.

Are you telling me this?
Yes. However, you can't divorce, immigrate and then remarry and sponsor. That is immigration fraud and would result in a refusal and a ban.
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
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
is this medical inadmissibility common in other countries with public health services?
To the best of my knowledge it is. I know NZ has similar rules for immigration.