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Medical inadmissibility

shub7777

Newbie
Nov 13, 2018
5
0
Hello, we are planning to move to Canada via FSW program. However, my husband has Multiple Sclerosis but is stable with Techfidera. With insurance and Biogen's assistance, he does not have to pay anything in the US. We found out that Biogen has a similar financial assistance program in Canada. Does this mean that the treatment will be counted as no additional burden on Canada's health system and that we will not be rejected on medical inadmissibility grounds? Can someone share their thoughts and experiences?
 

russ6970

VIP Member
Sep 14, 2017
3,067
627
Newfoundland
Category........
FAM
LANDED..........
31-12-2020
If you were a canadian citizen or a PR you could sponsor him meaning there would be no medical admissibility (i am assuming you are not though). For his condition you would have to prove the programme you are talking about would still not be perceived as a financial burden, possibly by getting a letter from the programme stating this.i think it may be good to talk to a good immigration lawyer dor this issue, as you do not want to start the process only to find that its not possible. Good luck
 
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zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Hello, we are planning to move to Canada via FSW program. However, my husband has Multiple Sclerosis but is stable with Techfidera. With insurance and Biogen's assistance, he does not have to pay anything in the US. We found out that Biogen has a similar financial assistance program in Canada. Does this mean that the treatment will be counted as no additional burden on Canada's health system and that we will not be rejected on medical inadmissibility grounds? Can someone share their thoughts and experiences?
Initially IRCC will assess the excessive demand on the basis that Canadian healthcare will be liable for the full cost of the treatment. If this is over the limit, a Procedural Fairness Letter will be issued. It's at this point in time that you will need to "lawyer up" in order to counter the refusal.
The reason it works like this is that as a Permanent Resident, they (IRCC) can't legally enforce any offers you make to reduce the cost to Canada.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,769
The medical inadmissibility amount is much lower for a temporary resident than for PR so that will also be an issue. In Ontario Tecfidera is on the exceptional access program because it is so expensive. Would prepared for a fight but not sure whether it can be won.
 
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shub7777

Newbie
Nov 13, 2018
5
0
Hmmm.. what is the probability of hiring some immigration lawyers and then fighting the battle? Am trying to decide if the money and effort spent is worth the outcome.
 

Buletruck

VIP Member
May 18, 2015
6,687
2,531
With the recent increase in medical inadmissibility limits, it highly unlikely a lawyer would be of much use if you or your husband were deemed inadmissible. Once treatments reach the cap, it’s pretty much game over. It may seem unfair, but IRCC still gets to determine who gets to immigrate to Canada.
 

shub7777

Newbie
Nov 13, 2018
5
0
We talked to a lawyer. They are asking for 3500 CAD for getting an opinion and then 6000 to respond to procedural fairness letter. Does that charge sound about right? Not to mention, there will not offer any assistance in job search in Canada which is an absolute must for us to clear the cutoff.
 

scylla

VIP Member
Jun 8, 2010
92,926
20,539
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
We talked to a lawyer. They are asking for 3500 CAD for getting an opinion and then 6000 to respond to procedural fairness letter. Does that charge sound about right? Not to mention, there will not offer any assistance in job search in Canada which is an absolute must for us to clear the cutoff.
Yes - that sounds about right for a good lawyer.

No good lawyer is going to help you find a job offer in Canada. Lawyers can't help you. Only scammers offer this service for a fee. If you want to try to find a job offer, that's something you'll need to do on your own through applying for jobs with employers directly and hope you get lucky. You should note that it's generally next to impossible to secure a job offer since employers aren't willing to go through the LMIA process. Rather than focusing on finding a job offer, you should find a way to qualify without need a job in Canada to boost your points.
 
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Smileyman

Member
Jun 11, 2019
14
0
Hello, we are planning to move to Canada via FSW program. However, my husband has Multiple Sclerosis but is stable with Techfidera. With insurance and Biogen's assistance, he does not have to pay anything in the US. We found out that Biogen has a similar financial assistance program in Canada. Does this mean that the treatment will be counted as no additional burden on Canada's health system and that we will not be rejected on medical inadmissibility grounds? Can someone share their thoughts and experiences?
hello....any update on this? did you guys get the application processed ? what was the outcome please?