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MS - Medical inadmissibility - Fairness letter - Study permit

Oct 17, 2016
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0
Hey guys, my husband is trying to go to study in Canada for a nine month course. We applied on May 31 of this year, without any help of an immigration agent, for a study visa and for OWP respectively. I expected to receive the result before September as he would start this semester, but I did not have a return until this Saturday, September 22, so he had to transfer the course to January.

The problem is that the response I received from CIC was a "Procedural Fairness Letter". I have Multiple Sclerosis and I take a high-cost medicine, which is given to us for free by the public health system in Brazil. I’m stable, with no symptom because of the disease. When we did the medical examination I took a medical report from my neurologist explaining the whole situation. Our plan was for my family send the medicine from Brazil to Canada, as other people we know do.

The letter said it exceeded the limit of how much a person could spend on public health because of the high cost. What we find strange is that we received two letters, the first one mentions that the application is for permanent residence, forcing us to prove that we can afford the medicine for five years, and the duration of the course is nine months. The second had the same content but the officer change “permanent resident” to “temporary residence”, that’s our case, but he still ask for a proof over the next 5 years. In addition they mention a different medicine than I take (is the same composition but with different dosages).

The medicine that I take is Avonex (beta interferon 1a 30mcg) and according to MS Society of Canada, the cost per year is approximately $ 20,000. In our case, we are proving our income by our sponsors (our respective parents). If we need to prove it for a year, my parents would be able to prove more than double the request. If I add the money from my parents, from his parents and my money, we would have exactly the value of 5 years, with any more money…

Since we thought it was important to talk to the doctor only, we did not talk about the disease in the letter of intent, which makes them not have the complete information on how we intend to deal with the treatment.

So now I have to write my submission letter explaining everything. Anyone here that had a similar case could help me?
 

scylla

VIP Member
Jun 8, 2010
92,540
20,360
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
Hey guys, my husband is trying to go to study in Canada for a nine month course. We applied on May 31 of this year, without any help of an immigration agent, for a study visa and for OWP respectively. I expected to receive the result before September as he would start this semester, but I did not have a return until this Saturday, September 22, so he had to transfer the course to January.

The problem is that the response I received from CIC was a "Procedural Fairness Letter". I have Multiple Sclerosis and I take a high-cost medicine, which is given to us for free by the public health system in Brazil. I’m stable, with no symptom because of the disease. When we did the medical examination I took a medical report from my neurologist explaining the whole situation. Our plan was for my family send the medicine from Brazil to Canada, as other people we know do.

The letter said it exceeded the limit of how much a person could spend on public health because of the high cost. What we find strange is that we received two letters, the first one mentions that the application is for permanent residence, forcing us to prove that we can afford the medicine for five years, and the duration of the course is nine months. The second had the same content but the officer change “permanent resident” to “temporary residence”, that’s our case, but he still ask for a proof over the next 5 years. In addition they mention a different medicine than I take (is the same composition but with different dosages).

The medicine that I take is Avonex (beta interferon 1a 30mcg) and according to MS Society of Canada, the cost per year is approximately $ 20,000. In our case, we are proving our income by our sponsors (our respective parents). If we need to prove it for a year, my parents would be able to prove more than double the request. If I add the money from my parents, from his parents and my money, we would have exactly the value of 5 years, with any more money…

Since we thought it was important to talk to the doctor only, we did not talk about the disease in the letter of intent, which makes them not have the complete information on how we intend to deal with the treatment.

So now I have to write my submission letter explaining everything. Anyone here that had a similar case could help me?
Your best bet is to hire a very experienced Canadian immigration lawyer to assist you.

Even if others do it, it's illegal for medication to be sent by your family from Brazil to Canada. So that answer won't be accepted by IRCC. You can bring up to a 90 day supply of medication with you when you enter Canada. That's the only way you can legally bring medication from outside of the country to Canada. It cannot be sent by your family and cannot be brought into Canada by anyone other than you.

Once you are in Canada, you will be entitled to use Canada's health care system. This means that to overcome medical inadmissibility, you must prove that the treatment you require has an annual cost in Canada that does not exceed the limit established by IRCC. Saying your parents will cover these costs doesn't work since there's no way for IRCC to enforce this once you're in Canada.
 
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canuck78

VIP Member
Jun 18, 2017
52,959
12,759
If your husband does somehow get approved to study in Canada but your goal is to immigrate you will likely run into the issue again while applying for PR. If somehow he gets to study you are spending a lot of money and could then be denied PR due to your health costs. I would consider studying somewhere else or at home.