Help needed: about non-accompanying spouse's medical inadmissibility

[Ajerah]

Dear friends,

Wondering whether any of you have knowledge on non-accompaning spouse's medical inadmissibility?

My family is currently applying for permanent residence through the Provincial Nominee Program. The principal applicant has already received the provincial nomination, and the PR application is in progress.

However, I, as a dependent family member, have been diagnosed with a non-contagious medical condition that may potentially involve significant healthcare costs.

1. If I am designated as a non-accompanying family member and complete the medical examination as required by IRCC, could my medical inadmissibility result in the refusal of my spouse’s and children’s PR applications? In other words, will a non-accompanying family member be assessed for excessive demand on health or social services in a way that could affect the principal applicant and accompanying family members?
2. Any suggestions on what shall I do to ensure my problem doesn't cause the refusal of the principal applicant and kids' PR application?
   
   
   Your help is highly appreciated!

 

[Naturgrl]

1. Yes. non accompanying doesn't change anything. If you are medically inadmissable, everyone is refused including the principal applicant. If you are in Canada now on a work permit then you are listed as accompanying.
2. If you don't pass the medical and get PFL then get a lawyer to help you address your health issues. Get your own medical team to outline why you will not be a burden on the medical system.

 

[Ajerah]

1. Yes. non accompanying doesn't change anything. If you are medically inadmissable, everyone is refused including the principal applicant. If you are in Canada now on a work permit then you are listed as accompanying.
2. If you don't pass the medical and get PFL then get a lawyer to help you address your health issues. Get your own medical team to outline why you will not be a burden on the medical system.

Thanks for this information, Naturgrl!
According to IRCC, the term "non-accompanying" means:
"Family members who are dependent on the principal applicant but who are not immigrating to Canada. They include a spouse or common-law partner, dependent children, and the children of a dependent child.

These people must be listed on the principal applicant’s application for permanent residence. They should have a medical exam so they can remain eligible for sponsorship at a later date."
So it seems the spouse in Canada with a valid work permit could be a non-accompanying as long as he is not seeking to immigrate to Canada? I am quite confused here...

So seems i

 

[canuck78]

Thanks for this information, Naturgrl!
According to IRCC, the term "non-accompanying" means:
"Family members who are dependent on the principal applicant but who are not immigrating to Canada. They include a spouse or common-law partner, dependent children, and the children of a dependent child.

These people must be listed on the principal applicant’s application for permanent residence. They should have a medical exam so they can remain eligible for sponsorship at a later date."
So it seems the spouse in Canada with a valid work permit could be a non-accompanying as long as he is not seeking to immigrate to Canada? I am quite confused here...

So seems i

The spouse could be sponsored after being listed as non-accompanying without a medical inadmissibility clause which is why the whole family must pass the medical during the PR application. Canada also doesn’t want to allow families to leave sick or disabled family members behind in their home country.

 

[Ajerah]

Thanks for this information, Naturgrl!
According to IRCC, the term "non-accompanying" means:
"Family members who are dependent on the principal applicant but who are not immigrating to Canada. They include a spouse or common-law partner, dependent children, and the children of a dependent child.

These people must be listed on the principal applicant’s application for permanent residence. They should have a medical exam so they can remain eligible for sponsorship at a later date."
So it seems the spouse in Canada with a valid work permit could be a non-accompanying as long as he is not seeking to immigrate to Canada? I am quite confused here...

So seems i

I found anther definition from IRCC website: "Non-accompanying family member: A family member who has been separated from the family and is not able to, or chooses not to, accompany the principal applicant to Canada when the application was processed.".
This one matches with what you said: as long as the family member is in Canada, it's accompanying...

 

[Ajerah]

The spouse could be sponsored after being listed as non-accompanying without a medical inadmissibility clause which is why the whole family must pass the medical during the PR application. Canada also doesn’t want to allow families to leave sick or disabled family members behind in their home country.

Much appreciated for your comments, Cauck78! The key questions are these two:
1) Can I declare myself as non-accompanying though I am in Canada with the principle applicant
2) Will my medical inadmissibility impact my spouse (the PA)'s PR
My understanding from your answer is yes, with medical inadmissibility, the PA will be refused also...

Oh, such a painful situation.

 

[canuck78]

Much appreciated for your comments, Cauck78! The key questions are these two:
1) Can I declare myself as non-accompanying though I am in Canada with the principle applicant
2) Will my medical inadmissibility impact my spouse (the PA)'s PR
My understanding from your answer is yes, with medical inadmissibility, the PA will be refused also...

Oh, such a painful situation.

1. No you can’t you aren’t actually non-accompanying. Assumed you were at least out of Canada. If you have serious health issues how are you planning on remaining in Canada and accessing healthcare?
2. Yes it is an all or nothing situation whether you are accompanying or non-accompanying.

 

[Naturgrl]

Thanks for this information, Naturgrl!
According to IRCC, the term "non-accompanying" means:
"Family members who are dependent on the principal applicant but who are not immigrating to Canada. They include a spouse or common-law partner, dependent children, and the children of a dependent child.

These people must be listed on the principal applicant’s application for permanent residence. They should have a medical exam so they can remain eligible for sponsorship at a later date."
So it seems the spouse in Canada with a valid work permit could be a non-accompanying as long as he is not seeking to immigrate to Canada? I am quite confused here...

So seems i

As non accompanying you still need to pass the medical because must be listed as such.