+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Need Urgent Help!!!Can HIV positive person get PR ?

juhanjuhanjuhan

Star Member
Feb 1, 2015
127
18
Just wanted confirm that you're not married or haven't lived with your bf for 1 year. Seems like you have been in this relationship since at least 2015.
No and No. Applies to my sister and me. I dated my boyfriend but didn't live with him. Lastly, gay marriage isn't possible here in the Philippines.
 

juhanjuhanjuhan

Star Member
Feb 1, 2015
127
18
Hi everyone! I just want to let everyone know that me, and my sister successfully landed last January 16, 2019. I'm grateful for all the help and support esp. Computergeek and Scylla. Hope everyone's journey will end up great and don't lose hope.
 

hunterx89

Star Member
Feb 3, 2018
54
11
I know quite a lot about this area and have advised others in the past.

An HIV positive person can obtain a PR visa, but it can be challenging and it will increase the amount of time to process your application.

Your Panel Physician (formerly "Designated Medical Practitioner") should have drawn blood for an HIV-1 RNA test ("viral load") and a CD-4 test (a specific type of white blood cell used for cell mediated pathogenic response). Those results will then be forwarded to Immigration Medical Service. Their decision may be predicated, at least in part, on the province in which you will be landing. For example, if you plan on landing in BC, while they will go through all the process in the end because BC provides 100% coverage for the drugs unless your wife is not expected to require them for most of the next 10 years she will likely be declared inadmissible, though I can provide you with some information that you can use to argue against this decision.

Drug coverage varies by province, though, so a complete analysis cannot be done without that information.

Normally, what IMS will do next is send a sealed letter to you to take to the Panel Physicial (DMP). Normally this will ask for additional information and whether or not you will require treatment in the next 5-10 years. What this means is that you need to be looking for a sympathetic doctor now. Ideally, you want one that can either say definitively or probably that she will not require treatment within that time period. Not every doctor will say that, so you may wish to consult with more than one.

If after reviewing the additional medical information they determine she will require medication in the 10 year time period, they will advise you that she is "probably" medically inadmissible. This is done by way of a fairness letter. You will have 60 days to respond to the fairness letter.

You may challenge the finding of the medical condition, e.g., she had a "false positive". This is actually quite likely. The doctor may tell you the test is 99.6% accurate, but will not advise you that the positive predictive value (PPV) is much lower than that, because the prevalence of the condition is very low in the general population.

You may challenge the medical officer's estimate of costs. This is an area in which I can provide you with guidance, particularly if you can present a particular treatment regimen to her doctor and have the doctor agree that it is a viable treatment model - this is because one approved treatment is now made up of generic medications that have much lower cost and thus do not exceed the excessive demand cost threshold.

You may provide a plan to mitigate costs. This can include insurance plans, NGOs that will pay for treatment, and health savings plans.


If you do receive or expect to receive a fairness letter, I would strongly suggest you engage an attorney to assist you. I can recommend someone who specializes in HIV medical inadmissibility cases and can point out a handful of other attorneys specializing in medical inadmissibility. A well formulated response to the fairness letter potentially will overcome the initial inadmissibility conclusion and ultimately lead to a successful conclusion. In addition, it will set the stage for a successful challenge to a negative decision.

If you are refused, you may challenge the refusal in Federal Court. That will require you have an attorney. CIC's track record in medical admissibility cases for FSW applications is not good - they lose about 75% of such cases according to my own review of case law. If you are interested, look up the following four decisions: Sapru, Rashid, Companioni and Ortiz at canlii.org. These are all on-point cases with respect to medical inadmissibility and the last two are specific to HIV (CIC lost both of those cases).

If you need more information, feel free to ask (I won't hand out attorney names in public, but will send them privately.) You don't have 10 posts yet, so you won't be able to send PMs.

How about if your positive HIV already and you apply for the spousal application and have grading b in your medical. do you think I can pass the medical?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
How about if your positive HIV already and you apply for the spousal application and have grading b in your medical. do you think I can pass the medical?
There is no medical inadmissibility clause for spousal sponsorship. Just complete your medical honestly and you'll be fine.
 
  • Like
Reactions: hunterx89

hunterx89

Star Member
Feb 3, 2018
54
11
There is no medical inadmissibility clause for spousal sponsorship. Just complete your medical honestly and you'll be fine.
I was a little bit worried because I got grading B on my medical.. are you familiar with EDE (Excessive Demand Exempt)?
 

rr185133

Newbie
Feb 1, 2016
8
2
Hi everyone! I just want to let everyone know that me, and my sister successfully landed last January 16, 2019. I'm grateful for all the help and support esp. Computergeek and Scylla. Hope everyone's journey will end up great and don't lose hope.

I'm so happy for you!!! Where in Canada are u residing now?
 

Amrit_92

Newbie
Oct 7, 2019
9
2
Hi..I recently completd medical examination. I am the primary applicant and my reports are normal. my spouse also went for medical examination and we come to know that my spouse is HIV positive. How it will affect my file ?
Hi there , were you successful in getting visa? What were the difficulties you faced and how much time did it take for the whole process .
Please update me , I am in kind of same boat .
Thanks
 

Amanchauhan

Newbie
Oct 10, 2019
1
0
I applied under supervisor category and file was recieved on many 30 but didn't get any call yet can anybody guide me about when my employer can get call or any other way that my employer could approach to them
 

scylla

VIP Member
Jun 8, 2010
92,902
20,523
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
I applied under supervisor category and file was recieved on many 30 but didn't get any call yet can anybody guide me about when my employer can get call or any other way that my employer could approach to them
Please post your question under a new thread.
 

juhanjuhanjuhan

Star Member
Feb 1, 2015
127
18
Hi there , were you successful in getting visa? What were the difficulties you faced and how much time did it take for the whole process .
Please update me , I am in kind of same boat .
Thanks
Hi,

I know this post isn't for me but I was also on the same situation last year and my visa was approved. : >. Im residing in toronto now.
 

hunterx89

Star Member
Feb 3, 2018
54
11
Hi there , were you successful in getting visa? What were the difficulties you faced and how much time did it take for the whole process .
Please update me , I am in kind of same boat .
Thanks
In my case yes. my spouse is here already. it may took 11 months but its ok.