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Medical inadmissibility rules changes

Outworld

Star Member
Oct 25, 2017
97
17
Dear forumites,
Can you please help me out with the following.
You know I have been browsing articles regarding medical inadmissibility rules changes and came across with the information that those changes will be effective from 1 June. Regarding tripled threshold for excessive demand.
Q1. I would like a clarification is that true or the changed rules have been effective since the day of their announcement?(16 April 2018)
I have already created my EE profile and on the day of the upcoming draw I will get ITA. I have plenty of time to accept it and can actually accept it in June.
Q2 Will in this case my application assessed against the new criteria lets assume those changes will be really effective from June?
Q3 Or I do I need to get ITA during one of the June's draw?
It is confusing I don't know what to do.
Please help me with this situation.
 

SriTLIN

Star Member
Sep 3, 2016
114
44
NOC Code......
2174
Dear forumites,
Can you please help me out with the following.
You know I have been browsing articles regarding medical inadmissibility rules changes and came across with the information that those changes will be effective from 1 June. Regarding tripled threshold for excessive demand.
Q1. I would like a clarification is that true or the changed rules have been effective since the day of their announcement?(16 April 2018)
I have already created my EE profile and on the day of the upcoming draw I will get ITA. I have plenty of time to accept it and can actually accept it in June.
Q2 Will in this case my application assessed against the new criteria lets assume those changes will be really effective from June?
Q3 Or I do I need to get ITA during one of the June's draw?
It is confusing I don't know what to do.
Please help me with this situation.

@Outworld -
Yes the policy is currently in effect, but the new process might delay the cases when compared to normal processing times (considering the cases will be redirected to Ottawa, due to specialty of the excessive demand)
The immigration minister- Ahmed Hussen has stated, temporarily he is using his authority to enable IRPA 25.2 section to treat the certain excessive demand immigration cases as exemptions until a public policy is made with royal consent later.
Link - http://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/report-15/response-8512-421-328

Notes from the above link by minister Ahmed Hussen -
"Pending the coming into force of the regulatory amendments that are needed to implement the changes in the definitions, I plan to use my authority under section 25.2 of IRPA to put into place a public policy. This public policy would allow for the exemption of the excessive demand provision for foreign nationals who meet certain conditions (excessive demand caused by costs related to certain social services; or costs for health or social services that do not exceed three times the current threshold). This will allow us to implement in a timely way the changes that are needed to ensure the alignment of this provision with Canadian values."


Q1. I would like a clarification is that true or the changed rules have been effective since the day of their announcement?(16 April 2018)
I have already created my EE profile and on the day of the upcoming draw I will get ITA. I have plenty of time to accept it and can actually accept it in June.

New changes are in effect post - Apr 16 2018, apply as soon as you can. Since Canada immigration can reverse the triple benefit if they want to later (after analyzing the current results)
Q2 Will in this case my application assessed against the new criteria lets assume those changes will be really effective from June?
Depends on the your PR ITA / time when immigration medical officer reviews your case. Lets say if he reviews before any other changes in rules (might take few months for officials to review cases and come up with new rules/ policies), then yes current revised temporary benefits will apply for your case
Q3 do I need to get ITA during one of the June's draw?

No criteria is mentioned by the IRCC, may depend on when the immigration Medical officer is reviewing your application/ EE draw date. But your ITA would be in future, so you are covered.

I hope this clarifies all your queries.
 
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Outworld

Star Member
Oct 25, 2017
97
17


@Outworld -
Yes the policy is currently in effect, but the new process might delay the cases when compared to normal processing times (considering the cases will be redirected to Ottawa, due to specialty of the excessive demand)
The immigration minister- Ahmed Hussen has stated, temporarily he is using his authority to enable IRPA 25.2 section to treat the certain excessive demand immigration cases as exemptions until a public policy is made with royal consent later.
Link - http://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/report-15/response-8512-421-328

Notes from the above link by minister Ahmed Hussen -
"Pending the coming into force of the regulatory amendments that are needed to implement the changes in the definitions, I plan to use my authority under section 25.2 of IRPA to put into place a public policy. This public policy would allow for the exemption of the excessive demand provision for foreign nationals who meet certain conditions (excessive demand caused by costs related to certain social services; or costs for health or social services that do not exceed three times the current threshold). This will allow us to implement in a timely way the changes that are needed to ensure the alignment of this provision with Canadian values."


Q1. I would like a clarification is that true or the changed rules have been effective since the day of their announcement?(16 April 2018)
I have already created my EE profile and on the day of the upcoming draw I will get ITA. I have plenty of time to accept it and can actually accept it in June.

New changes are in effect post - Apr 16 2018, apply as soon as you can. Since Canada immigration can reverse the triple benefit if they want to later (after analyzing the current results)
Q2 Will in this case my application assessed against the new criteria lets assume those changes will be really effective from June?
Depends on the your PR ITA / time when immigration medical officer reviews your case. Lets say if he reviews before any other changes in rules (might take few months for officials to review cases and come up with new rules/ policies), then yes current revised temporary benefits will apply for your case
Q3 do I need to get ITA during one of the June's draw?

No criteria is mentioned by the IRCC, may depend on when the immigration Medical officer is reviewing your application/ EE draw date. But your ITA would be in future, so you are covered.

I hope this clarifies all your queries.
Dear SriTlin
Thank you very much for your response. You shed the light to this issue. So, in short, when I get ITA( I will during the nearest draw since my CRS is 455) I should accept and start uploading my documents and do not decline and hesitate to get ITA during June's draw.
Is that correct?
 

SriTLIN

Star Member
Sep 3, 2016
114
44
NOC Code......
2174
Dear SriTlin
Thank you very much for your response. You shed the light to this issue. So, in short, when I get ITA( I will during the nearest draw since my CRS is 455) I should accept and start uploading my documents and do not decline and hesitate to get ITA during June's draw.
Is that correct?
@Outworld -
Yes that's right. I am glad that above info helped you.
Good luck with your application :)
 

SriTLIN

Star Member
Sep 3, 2016
114
44
NOC Code......
2174
@sbdiuo - you are very welcome. I will keep this thread posted with future updates/ new findings, if any.

One small request forum members-
Please share your application progress regarding medicals here (case details if you are ok with sharing, medicals passed/ additional review requested, cleared medicals with review from specialist..etc.), so that it would help everyone else regarding the new rules in place (for excessive demand revisions).

All the best once again everyone.
 
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Outworld

Star Member
Oct 25, 2017
97
17
@sbdiuo - you are very welcome.

One small request forum members-
Please share your application progress regarding medicals here (case details if you are ok with sharing, medicals passed/ additional review requested, cleared medicals with review from specialist..etc.), so that it would help everyone else regarding the new rules in place (for excessive demand revisions).

All the best once again everyone.
I promise to do that.
 
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canuck78

VIP Member
Jun 18, 2017
25,453
5,499
Just a word of caution. Most of Canada doesn't have a pharmacare plan so if you get PR you still may have to pay for all or a large percentage of your medication. If you have extended benefits that is different but if you are planning on going into temporary work, the service sector or any job on a contract you may find your medication is not affordable. Canada has the 2nd highest medication costs in the world. Many Canadians do not fill their medications because they can't afford them.
 

sbdiuo

Full Member
Apr 25, 2018
29
17
I can share my story and my progress with everyone.

This is my medical situation;

I have had done my medical on April 30.
I have couple of old medical situations (heart surgery as infant; no medication, perfectly healthy. Cancer history; underwent surgery and took chemo 9 years ago, no routine medication or complications, perfectly healthy) and the panel physician asked the last visit notes from my oncologist. The oncologist said in her report that I may need another surgery for prophylactic reasons (to prevent any possible diseases that may occur in the future).
The panel physican told me that this might be a problem but we have to wait and see what the immigration officers say about it.

I am afraid that they will see it as an extra burden, but i do not plan to have surgery in Canada anyway, with no family members to help me recover etc. but i guess it is not possible to explain and convince physicians/immigration officers about that.

now, i am waiting for panel physician to upload documents. then, i will submit my application.
i will keep these info updated, for anyone that may benefit from.

fingers crossed...
 
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canuck78

VIP Member
Jun 18, 2017
25,453
5,499
I can share my story and my progress with everyone.

This is my medical situation;

I have had done my medical on April 30.
I have couple of old medical situations (heart surgery as infant; no medication, perfectly healthy. Cancer history; underwent surgery and took chemo 9 years ago, no routine medication or complications, perfectly healthy) and the panel physician asked the last visit notes from my oncologist. The oncologist said in her report that I may need another surgery for prophylactic reasons (to prevent any possible diseases that may occur in the future).
The panel physican told me that this might be a problem but we have to wait and see what the immigration officers say about it.

I am afraid that they will see it as an extra burden, but i do not plan to have surgery in Canada anyway, with no family members to help me recover etc. but i guess it is not possible to explain and convince physicians/immigration officers about that.

now, i am waiting for panel physician to upload documents. then, i will submit my application.
i will keep these info updated, for anyone that may benefit from.

fingers crossed...
Will likely depend on the form of cancer you had and the probability of reoccurrence. You are 5 years post remission so that is positive.
 

sbdiuo

Full Member
Apr 25, 2018
29
17
Will likely depend on the form of cancer you had and the probability of reoccurrence. You are 5 years post remission so that is positive.
it was breast cancer, tissue had been removed. but they suggested to remove the other side too.
I guess even the best doctor in the world can't say if such a thing will occur again or not :/ but, it is their call sadly..
 

SriTLIN

Star Member
Sep 3, 2016
114
44
NOC Code......
2174
it was breast cancer, tissue had been removed. but they suggested to remove the other side too.
I guess even the best doctor in the world can't say if such a thing will occur again or not :/ but, it is their call sadly..
@sbdiuo-
I understand your situation, you have already gone through a lot and looking forward for a better future in Canada. But the harsh truth is- Canada immigration is always cautious with foreign applicants health condition.
Not sure since i am not from medical field, but an additional review might be requested in your case from a specialist (by the choice of the Immigration medical officer). If its possible, please approach a specialist by self and request for his opinion in long term perspective (10 years and more...). Of course, doctors would not be conclusive since every case is different, but might provide you an overview based on their experience and statistics.

If you are better prepared in your case, you can possibly share the details and disclose all the previous reports to the doctor during second review; and hopefully he/ she shares a positive note regarding your health condition with the IRCC medical officer.
 
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Outworld

Star Member
Oct 25, 2017
97
17
Guys my condition is that I am HIV positive and was found positive since September 2017.
I have been put antirrtrovirals since then.
All my blood works were excellent. My CD4 level was 454(which is quite high thanks to God) and viral load 60000(which is not high).
My overall health is fine I developed no side effects related to the medicines and my blood analysis always come with good results. X-ray showed no Tuberculosis. Hep B HepC are negative as syphilis and other STDs as well. On these days I am eligible for viral load analysis and I am sure that I am undetectable. I had a consultation with Canadian lawyer who told me that the cost of my treatment according to BC formulary is 7700CAD.
Should I take report from anti AIds center which delivers treatment and analysis to take it to panel physician? Can panel physician use reference according to that report or he is going to prepare his own report for my condition?
Anyone can explain the procedures of medical exam? Like how it is performed with pre-existing medical condition.
 

Outworld

Star Member
Oct 25, 2017
97
17
I don't want to get fairness letter that's why I need to know if they have applied triple threshold rule. If they implemented the changes then I in my case I wouldn't get fairness letter according to my understanding.