Medical Inadmissiability

[Jk1]

Hi forum,

I am sponsoring my mother to come and live with us in Canada. She is turning 80 next January, she finished her medical exam last week. While she is independent and doing all he daily activities on her own, the doctor reported that she suffers arthritis on her both knees hence requiring assistance walking. All other physical and mental tests have passed satisfactory.
Based on what I have researched, I am concerned her PR application would be refused because of her knees condition (which she is coping with for many years).

I am her only child and desperately want her to live with us in remaining years of her life.

Kindly advise whether I have other options that I should pursue once I receive the procedural fairness letter.

Thank you

 

[Rob_TO]

If you think the medical issue will be a problem, then start preparing for how to respond to the procedural fairness letter. Your mom would need a prognosis from doctors/specialists, that the costs related to her issue will not be excessive (more than approx $6,655 per year) over the next 10 years. Assistance walking shouldn't be an issue, but the problem will come about if IRCC doctors feel she will need some surgery/procedure/health care assistance over the next 10 years that would exceed the threshold amount.

Your best and only option here is to respond with as much evidence/proof/data/specialist opinions etc to counter the IRCC doctor's opinion. You could also hire an immigration lawyer experienced with excessive demand issues to assist you on how best to respond.

If the PR app is eventually denied due to excessive demand, then really your only other option would be to get your mom to Canada as a visitor and apply for her PR with a H&C application. Although the success rate of H&C is quite low, I've seen some successful cases of people getting their parent PR when they would be otherwise be alone in their home country.

 

[Jk1]

Appreciate the quick reply, I doubt that we could get her super visa to come to Canada in order to pursue for an H&C application. As mentioned before, I am the only child and because of this and the lack ties to home country her visa application was denied. My only bet would be to overcome the medical inadmissibility.
Would you be able you refer me some good lawyers whom have good success with Medical inadmissibility cases? also, do you happen to know what would be the cost of hiring a good lawyer?

Thanks

 

[canuck78]

She might be able to get a super visa where you pay for her health insurance. That is not the same thing as a TRV.

 

[Jk1]

thank you, yes I have tried the Super Visa before applying for PR, it was rejected. The officer stated that he was not satisfied that she would leave Canada at the end of her stay due to her family ties in Canada and home country of residence!

Would anyone be able to refer me to a immigration lawyer with a track record of winning Medical inadmissibility cases?

 

[canuck78]

I would wait first to make sure you get a procedural fairness letter. Given her advanced age fighting a medical inadmissibility will be impossible in my opinion. At age 80 her health care costs will most likely only continue to go up. The only thing to to do would be to apply on H&C if she has no extended family to care for her which will take a couple of years.

 

[Rob_TO]

I would wait first to make sure you get a procedural fairness letter. Given her advanced age fighting a medical inadmissibility will be impossible in my opinion. At age 80 her health care costs will most likely only continue to go up. The only thing to to do would be to apply on H&C if she has no extended family to care for her which will take a couple of years.

She needs to get to Canada first as a visitor, before they can even think about lodging a H&C app.

 

[canuck78]

@Rob_TO Very true thanks. Probably should have read the feed again and not relied on my memory!