Fairness Letter Of Medica Inadmissibility

[owoblow]

First let me say Congrats on your Visa Jadwig.

I work with an International Organisation. My plan is to land with my wife and kids first and then return to my job, so that after three years i will go back to Canada in other to fulfil the 2 out of 5 years requirement.

So you think it will hold ground? or what do you think.

Should i just show that i have international medical Insurance and then the statement of account not up to 50,000 USD though. Do you think this will suffice. Since my son actually only need Speech therapy. He attends a regular school and not special school.

 

[jadwig]

I am doing exactly what you stated...land with my wife and kids and return to my job for next three years. The only catch is that at no time during the application process did I indicate upfront that I have no intention of establishing in Canada immediately. If you present the argument that you will establish fully in Canada after the first 3 years, the question that comes to mind is how then would you continue to fund your child's needs after cutting off from your current job? or would your child no longer require intervention speech therapy at that stage?

My sincere belief is that your best option is to argue rather that your child's disability does not make him/her inadmissible on the grounds of excessive cost. You need to point out that your child will not require any extra care that would not normally be available to someone that is deaf or that requires speech therapy in Canada. As such, your child does not have 'extra' requirements and should not be compared with someone that does not have similar disability for the purpose of determining his admissibility. I suggested that you contact the Deaf Association in Canada because there's a link for immigration issues on their website. That suggests to me that they've probably had to intervene in similar cases in the past and I won't be surprised that there will be a court decision somewhere that you can refer to in supporting your position. If you make contact with them, you just might be surprised how much help they can be to you.

 

[devu]

I am doing exactly what you stated...land with my wife and kids and return to my job for next three years. The only catch is that at no time during the application process did I indicate upfront that I have no intention of establishing in Canada immediately. If you present the argument that you will establish fully in Canada after the first 3 years, the question that comes to mind is how then would you continue to fund your child's needs after cutting off from your current job? or would your child no longer require intervention speech therapy at that stage?

My sincere belief is that your best option is to argue rather that your child's disability does not make him/her inadmissible on the grounds of excessive cost. You need to point out that your child will not require any extra care that would not normally be available to someone that is deaf or that requires speech therapy in Canada. As such, your child does not have 'extra' requirements and should not be compared with someone that does not have similar disability for the purpose of determining his admissibility. I suggested that you contact the Deaf Association in Canada because there's a link for immigration issues on their website. That suggests to me that they've probably had to intervene in similar cases in the past and I won't be surprised that there will be a court decision somewhere that you can refer to in supporting your position. If you make contact with them, you just might be surprised how much help they can be to you.

anybody know what happend to this case?

 

[Ailyn]

Cancellation of son's PR application due toMedical Inadmissibility

I applied for PR for myself and my family in may and by June we have done the medicals but they wrote requesting further test on my youngest son has hearing impairment and is hearing with cochlear implant. On 22 Dec, we received a fairness letter that my son may be inadmissible because of the hearing impairment and that he may cause excessive demand on the health or social services in Canada.

I also noticed that the Procedural fairness letter i received is a little different from the few others i have seen online and also from the fairness letter template on the CIC website. And it did not come with the Declaration of intent like the others i have seen. Could this mean anything?

Can someone please suggest how to go about responding to this letter or someone should please share a similar experience. Your comments and suggestions are welcome please.

Thanks


Please find below a copy of the letter:

I am now completing the assessment of your application for a permanent residence visa. It appears that you may not meet the requirement for immigration to Canada.

I have determined that your family member, ....... is person whose health condition might reasonably be expected to cause excessive demand on health or social services.
Pursuant to section 38(1) (c) of the immigration and refugee protection act it appears that he may be inadmissible on health grounds. The regulatory definitions of these terms are attached.

Section 42 of the act states that;"A foreigner, other than a protected person, is inadmissible on grounds of an inadmissible family member if (a) their accompanying family member or, in prescribed circumstances, their non accompanying member, is inadmissible"

Your minor son, has the following, medical condition or diagnosis; impaired hearing or Deafness, diagnosis; deafness (389).

Before I make my final decision, you may submit additional information relating to this medical condition or diagnosis. You may also submit any information addressing the issue of excessive demand if it applies to your case.

 

[Subash]

anybody know what happend to this case?

He has already landed in Canada. Look at the profile of this member ,you will find his last post to this forum on March 2013. In order to view this ,just click his forum name then at the portion of additional information ,you will find last post of this person and click again on this.

 

[Shaja]

Hi everyone,
I hope this forum is still active. I also received a fairness letter from CIC due to dependent's inadmissibility. My daughter has complex congenital heart disease and would need to undergo surgery. We are planning to have the surgery done in our home country hoping for a higher chance of approval.

Just wondering if someone who have the same case would be able to share their response to the fairness letter. I really don't know how to start.

 

[seelro]

Dear all,


I am adult and deaf from both ears and using cochlear implant, i am also trying to immigrate to Canada, will it be issue for immigration?

I have reasonable level of hearing using cell phone, listen music as normal person . I communicate very well in english.Because I am post lingual deaf , I became deaf in the age of 23 years , now use cochlear implant, please can apply for immigration?
people who got fairness letter of inadmissibility please inform me if they get immigration after some letter or documents.

Basheer

 

[hearty27]

Fairness Letter Of Medica Inadmissibility

hello , This is my first time here and also received a fairness letter for my husband. He was diagnosed chronic kidney disease. I am afraid that my Permanent application will be refuse . I am under Live in cargiver program.. I already responde the letter with my own words because i did not know that this may go through far. Until now i have not received any response from the cic. Could i make any preparations before they will refuse me? what steps should i do? I am so worried right now..i dont want to go back home. I have been here for 10 years. please advise me what to do... thanks

 

[Farah611818]

Hello my people,

Its been great weeks of serious search and work on responding to the fairness letter of inadmissibility sent to us by CIC. We are at the verge of sending the response now. But I need you advise on certain concerns before i send it.

I intend to show CIC that the organisation i work with currently , pay education/special education grant. So my son will be attending a private school. This is part of the proof that we will not be relying on the publicly funded social services in Canada for my son.
Do you think CIC will think that I am suppose to go to Canada so I will no more be working with this Organisation? Even though i don't intend to quit this organisation now.

Please send in your comments.

Thanks. I am waiting!!!!

Did you receive the inadmissibility letter after of before PPR?