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Received Fairness Letter......Seeking guidance for reply

NewPlan2014

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bluerose said:
URGENT......URGENT......URGENT

I live in Canada and applied for PR application Family Class for my parents who live in Pakistan. My parents got Fairness Letter. My mother medical is passed but my father medical has some issues. Please advice the best option for this case. Any expert advice will be highly appreciate. Thanks.
Below is the COPY of the Fairness Letter.

Dear Applicant
This letter concerns your application for permanent residence in Canada. Based on a review of your file, it appears that you may not meet the requirements for immigration to Canada.
I have determined that your family member, (Name), is a person whose health condition might reasonably be expected to cause excessive demand on social services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $6,387.00 per year. Pursuant to subsection 38(1) [(in the case of a family member) and pursuant to section 42] of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.
Your family member has the following medical condition or diagnosis: ischaemic cardiomyopathy. In particular:
This 72 year old applicant has applied for immigration under the family class (FC4) and his intended province of destination is Saskatoon SK. He has ischaemic cardiomyopathy with severe left ventricular dysfunction. An echocardiogram revealed dilated left ventricle with severely depressed left ventricular systolic function with an ejection fraction of 20-25%. This condition is likely to deteriorate over time leading to episodes of heart failure which typically involve visits to emergency departments and admission to hospital. The cardiologist opines that the prognosis is guarded due to reduced left ventricular functions.
The natural course of his cardiac disease is such that his condition is reasonably expected to progress and deteriorate. In the Canadian context, he will require investigation and ongoing specialist management by cardiologists for the implementation of a treatment plan to manage his cardiac condition. Progression and deterioration of his condition leading to congestive heart
failure would reasonably be expected to result in repeated emergency room visits, hospitalization and a requirement for specialized hospital facilities including intensive care units or coronary care units and require invasive investigations. These services are expensive, cost more than the average amount spent on individual health care in Canada, and publicly funded. Many of these services are unable to meet the needs of Canadian individuals and their families in a timely manner.
Based upon my review of the results of this medical examination and all the reports I have received I conclude that this applicant has a medical condition which might reasonably be expected to cause excessive demand on health services. Specifically this condition might reasonably be expected to require services, the costs of which would likely exceed the average Canadian per capita costs over next five to ten years, and would add to existing waiting lists and delay or deny the provision of those services to those in Canada who need and are entitled to them. This applicant is therefore inadmissible under Section 38(1)(c) of the Immigration and Refugee Protection Act.

Date Accessed: Mar 30, 2016
Also has: Ischemic Heart Disease (414), Hypertension (401), Atrial Fibrillation (425)
The expected cost for health related services for this applicant is $37,021over five years. This amount exceeds the average per capita threshold of $6,450.00 annually. Services include: Multiple heart specialist visits, hospital admissions and likely implantable cardioverter-defibrillator (ICD) implantation.
Before I make a final decision, you have the opportunity to submit additional information that addresses any or all of the following:
 the medical condition(s) identified;
 social services required in Canada for the period indicated above; and
 your individualized plan to ensure that no excessive demand will be imposed on Canadian social services for the entire period indicated above and your signed Declaration of Ability and Intent.

You must provide any additional information within 60 days of the date of this letter. If you choose not to respond, I will make my decision based on the information before me, which may result in your application being refused.
In order to demonstrate that your family member will not place an excessive demand on social services, if permitted to immigrate to Canada, you must establish to the satisfaction of the assessing officer that you have a reasonable and workable plan, along with the financial means
and intent to implement this plan, in order to offset the excessive demand that you would otherwise impose on social services, after immigrating to Canada.
The sections of the Immigration and Refugee Protection Regulations that define the meanings of “social services” and “excessive demand” are included for your reference.
Please ensure that you quote the file number indicated at the top of this letter on any information you submit.
Sincerely,
Immigration Officer
Immigration and Medical Services Division
High Commission of Canada
Canada House
London
When did your father completed his medical ?
You need to make very good plan to over come the medical inadmissible. You can search this forum to gather information to reply the letter and need to show bank statement for supporting financial part
 

bluerose

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Feb 10, 2011
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NewPlan2014 said:
When did your father completed his medical ?
You need to make very good plan to over come the medical inadmissible. You can search this forum to gather information to reply the letter and need to show bank statement for supporting financial part
Medical was done in July 2015 and they called for additional test of my father, two times they asked to visit to the Cardiologist to confirm the results, last visit was in Nov, 2015.
 

bluerose

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Feb 10, 2011
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bluerose said:
URGENT......URGENT......URGENT

I am a Canadian Citizen and live in Saskatchewan (SK) Canada and applied for PR application Family Class Sponsorship for my parents who live in Pakistan. My parents got Fairness Letter. My mother medical is passed but my father medical has some issues. Please advice the best option for this case. Any expert advice will be highly appreciate. Thanks.
Below is the COPY of the Fairness Letter.

Dear Applicant
This letter concerns your application for permanent residence in Canada. Based on a review of your file, it appears that you may not meet the requirements for immigration to Canada.
I have determined that your family member, (Name), is a person whose health condition might reasonably be expected to cause excessive demand on social services in Canada. An excessive demand is a demand for which the anticipated costs exceed the average Canadian per capita health and social services costs, which is currently set at $6,387.00 per year. Pursuant to subsection 38(1) [(in the case of a family member) and pursuant to section 42] of the Immigration and Refugee Protection Act, it therefore appears that you may be inadmissible on health grounds.
Your family member has the following medical condition or diagnosis: ischaemic cardiomyopathy. In particular:
This 72 year old applicant has applied for immigration under the family class (FC4) and his intended province of destination is Saskatoon SK. He has ischaemic cardiomyopathy with severe left ventricular dysfunction. An echocardiogram revealed dilated left ventricle with severely depressed left ventricular systolic function with an ejection fraction of 20-25%. This condition is likely to deteriorate over time leading to episodes of heart failure which typically involve visits to emergency departments and admission to hospital. The cardiologist opines that the prognosis is guarded due to reduced left ventricular functions.
The natural course of his cardiac disease is such that his condition is reasonably expected to progress and deteriorate. In the Canadian context, he will require investigation and ongoing specialist management by cardiologists for the implementation of a treatment plan to manage his cardiac condition. Progression and deterioration of his condition leading to congestive heart
failure would reasonably be expected to result in repeated emergency room visits, hospitalization and a requirement for specialized hospital facilities including intensive care units or coronary care units and require invasive investigations. These services are expensive, cost more than the average amount spent on individual health care in Canada, and publicly funded. Many of these services are unable to meet the needs of Canadian individuals and their families in a timely manner.
Based upon my review of the results of this medical examination and all the reports I have received I conclude that this applicant has a medical condition which might reasonably be expected to cause excessive demand on health services. Specifically this condition might reasonably be expected to require services, the costs of which would likely exceed the average Canadian per capita costs over next five to ten years, and would add to existing waiting lists and delay or deny the provision of those services to those in Canada who need and are entitled to them. This applicant is therefore inadmissible under Section 38(1)(c) of the Immigration and Refugee Protection Act.

Date Accessed: Mar 30, 2016
Also has: Ischemic Heart Disease (414), Hypertension (401), Atrial Fibrillation (425)
The expected cost for health related services for this applicant is $37,021over five years. This amount exceeds the average per capita threshold of $6,450.00 annually. Services include: Multiple heart specialist visits, hospital admissions and likely implantable cardioverter-defibrillator (ICD) implantation.
Before I make a final decision, you have the opportunity to submit additional information that addresses any or all of the following:
 the medical condition(s) identified;
 social services required in Canada for the period indicated above; and
 your individualized plan to ensure that no excessive demand will be imposed on Canadian social services for the entire period indicated above and your signed Declaration of Ability and Intent.

You must provide any additional information within 60 days of the date of this letter. If you choose not to respond, I will make my decision based on the information before me, which may result in your application being refused.
In order to demonstrate that your family member will not place an excessive demand on social services, if permitted to immigrate to Canada, you must establish to the satisfaction of the assessing officer that you have a reasonable and workable plan, along with the financial means
and intent to implement this plan, in order to offset the excessive demand that you would otherwise impose on social services, after immigrating to Canada.
The sections of the Immigration and Refugee Protection Regulations that define the meanings of “social services” and “excessive demand” are included for your reference.
Please ensure that you quote the file number indicated at the top of this letter on any information you submit.
Sincerely,
Immigration Officer
Immigration and Medical Services Division
High Commission of Canada
Canada House
London
Still waiting for any expert advice............ Computergeek and others.
 

Blessing1

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If I were in your shoes I would seek legal counsel to reply to the fairness letter. Good luck with the final outcome.
 

immigrant2b

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Oct 29, 2014
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Hello computergreek bro how are you.i have read your posts regarding medical inadmissibilty cases i thought you might give some advice on other fairness letter cases.let me brief here my wife is fsw14 applicant july 9 we got letter of misrepresentation on 24 feb 2016 which i have already responded on 11 march with additional documents.Actually canadian anti fraud unit conducted investigation but they investigated from irrelevant person he miguided them they took details and went back.i had already informed Lvo about the relocation of office but inspite of that team went to old office where they didnt find HR personel they only found the furniture shifting guy who provided them info.we got a letter of misrepresentation.Isnt it ridiculous?Any way i need to ask what do you think how much time we might expect to get responce from them?Do i need to hire a attorney at this stage and what are chances of survival from this situation ?Thanks
 

Rose23

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Apr 27, 2016
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0
bluerose said:
Still waiting for any expert advice............ Computergeek and others.
Hi Bluerose. did you seek any legal help about this? I think I might be in the same boat. My mom has same problem in her medical.
 

Rose23

Newbie
Apr 27, 2016
2
0
Shaja said:
Hi computergeek/everyone,
Wow this is a great response! I also would like to ask your help regarding my case. I also received a fairness letter due to my daughter's heart problem. How can I get the medical notes that you mentioned in this post? Here's a brief details of my personal profile:
- currently studying and working in BC
- our company has comprehensive group health insurance plan
- applied for PR on May 2013 under FSW
- sought advise of highly-experienced heart surgeons in the country and they will do further tests (cardiac catheterization) for further evaluation. He said CIC's evaluation is a worse case scenario and might be able to change upon seeing the cath's result.

Doctor said if based on the result of cardiac cath, our home country doesn't have enough facilities to perform the surgery and it's riskier for the patient to undergo surgery, he could recommend doing it here in Canada instead. Will this be a valid ground for Humanitarian and Consideration? Our initial plan is to have the procedure done in our country.

Please advise what other course of action we need to make. What would my employer do on my behalf? They're willing to help as well I just don't know what specific documents I would ask from them. Also, can the Member of Parliament's intervention be of help as well?

Hoping for your kind reply. Here's the Fairness Letter I got from CIC & I think they also violated the OP15 since no calculations are provided:
========================================================================================================

I have received a medical notification stating that your dependent has the following medical condition or diagnosis: Complex Cyanotic Congenital Heart Disease, which in the opinion of a medical officer:

A cardiologist’s report confirms that she has multiple cardiac anomalies – Tetralogy of Fallot (four abnormalities of the heart) with Pulmonary Valve Atresia (abnormal closure of the valve), Ventricular Septal Defect and compensatory cardiac abnormalities. These defects cause her to be cyanotic due to low circulating oxygen levels. To date, despite several previous assessments by specialists, she has not had any corrective cardiac procedures to treat her heart disease. This report recommends further investigations to better assess what corrective surgery is required. The report states that without treatment her condition will deteriorate. These types of complex defects require ongoing specialized treatment and usually multiple complicated surgeries to correct the defects. These treatments are expensive and publically funded.

The prognosis for medical condition is likely poor if not surgically repaired. She will need to be followed by cardiac specialists and will require surgery. These health services are expensive and are covered by provincial plans. Based upon my review of the results of this medical examination and all the reports I have received with respect to her health condition, I conclude that she has a health condition that might reasonably be expected to cause excessive demand on health services. Specifically, this medical condition might reasonably be expected to require health services, the costs of which would likely exceed the amount spent on the average Canadian over a five year period. Thea is therefore deemed inadmissible under Section 38(1)(c) of the Immigration and Refugee Protection Act.

This information raises concerns that your dependent can be expected to cause excessive demand on health or social services in Canada. For this reason, your family member may be a member of the inadmissible class under section A38(1) and section 42(a) in the case of a family member of the Immigration and Refugee Protection Act and your application for permanent residence could be refused.

Before I make my final decision, you may submit additional information or documents relating to the above medical condition, diagnosis or opinion.

You have until 22 October 2014 to submit additional information to our office at the address shown below. Please ensure that you quote the file number indicated at the top of this letter on any information you submit. We will then forward the information to the appropriate medical officers who will review the material and advise us of their conclusions.

You are responsible for any fees charged by doctors or other professionals you consult as a result of this opportunity to submit new information.

You must provide any additional information within sixty days from the date of this letter. If you choose not to respond with additional information, a decision will be rendered on your application based on the information before us.



Hi Shaja can you tell me where you application stands at the moment?]
 

computergeek

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bluerose said:
Still waiting for any expert advice............ Computergeek and others.
This is a very weak finding. The amount quoted is just barely over the excessive demand threshold, which the courts have not reviewed extensively (there are written documents arguing that the excessive demand threshold is artificially low).

But you should consult with an attorney experienced in excessive demand cases. I will note that parental excessive demand cases are something CIC wins more often than loses (unlike applicant/partner cases where they are much more likely to lose).

If you need a recommendation, let me know (I won't post publicly but will PM).
 

reayath

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Hi Gus, urgent help plz.

I received the procedure fairness letter last Friday regarding my PR application, in the letter it stands "I'm inadmissible to Canada and application won't go further due to information against my spouse as follows:

1. He has a warranty to arrest to be removed from Canada. If he already left Canada, he needs to get a confirmation of departure certificate from nearby Canadian embassy - fact: until I submitted it he application I didn't know he was staying in Canada illegally during 2007-2012, we got married in 2012 and went back to China after a month. After that he remained working in China and other countries while I was working in Canada. I flew back to China to see him and my family every year for vacation. None of us knew he need to report at POE to get the departure certificate when he left Canada in 2012. Of course the certificate will be the first thing for him to obtain on Monday as requested here in the letter

2. We misunderstood the schedule A request for my spouse, at the time it requested it ask him to complete Q1-6, so we submitted only page 1 & 4 for that matter. The fairness letter require to submit a update and fully completed schedule A for him and of course we will do it.

3. Letter which sent to my cic online account as a message, but it requires me to "reply directly to the email in 30 days with application # in subject line" - it wasn't sent to my email account directly, nor any information about the sender address, how am I supposed to respond directly by email?


The situation is because of his current working situation he won't be able to accompany me if PR approved, so we didn't add him as accompany from the beginning of the application. But I understand the serious of the situation and I'm going to seek some legal counsel for responding this letter for sure. But what is my chance to get my case approved?

I love my husband even though he was not honest about his situation then, I feel it is also important for me to get the life I want in Canada.
 

Leon

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Jun 13, 2008
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reayath said:
Hi Gus, urgent help plz.

I received the procedure fairness letter last Friday regarding my PR application, in the letter it stands "I'm inadmissible to Canada and application won't go further due to information against my spouse as follows:

1. He has a warranty to arrest to be removed from Canada. If he already left Canada, he needs to get a confirmation of departure certificate from nearby Canadian embassy - fact: until I submitted it he application I didn't know he was staying in Canada illegally during 2007-2012, we got married in 2012 and went back to China after a month. After that he remained working in China and other countries while I was working in Canada. I flew back to China to see him and my family every year for vacation. None of us knew he need to report at POE to get the departure certificate when he left Canada in 2012. Of course the certificate will be the first thing for him to obtain on Monday as requested here in the letter

2. We misunderstood the schedule A request for my spouse, at the time it requested it ask him to complete Q1-6, so we submitted only page 1 & 4 for that matter. The fairness letter require to submit a update and fully completed schedule A for him and of course we will do it.

3. Letter which sent to my cic online account as a message, but it requires me to "reply directly to the email in 30 days with application # in subject line" - it wasn't sent to my email account directly, nor any information about the sender address, how am I supposed to respond directly by email?


The situation is because of his current working situation he won't be able to accompany me if PR approved, so we didn't add him as accompany from the beginning of the application. But I understand the serious of the situation and I'm going to seek some legal counsel for responding this letter for sure. But what is my chance to get my case approved?

I love my husband even though he was not honest about his situation then, I feel it is also important for me to get the life I want in Canada.
Unfortunately, your spouse being inadmissible renders you inadmissible as well, whether he is accompanying you or not.

In order to get your PR, you would either have to overcome his inadmissibility and apply again or divorce him.
 

veeango

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Aug 11, 2015
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Hi, thank you for all your efforts. Pls my husband is HIV positive since 2011, and he has been on his medication with a good cd4. I am he principal applicant of sinp EE stream and my app is in process now. What do you suggest I do pls?. Thanks forbyour timely response.
 

scylla

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veeango said:
Hi, thank you for all your efforts. Pls my husband is HIV positive since 2011, and he has been on his medication with a good cd4. I am he principal applicant of sinp EE stream and my app is in process now. What do you suggest I do pls?. Thanks forbyour timely response.
You have to respond to the fairness letter and prove your husband's condition won't pose a burden on the Canadian health care system.
 

computergeek

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veeango said:
Hi, thank you for all your efforts. Pls my husband is HIV positive since 2011, and he has been on his medication with a good cd4. I am he principal applicant of sinp EE stream and my app is in process now. What do you suggest I do pls?. Thanks forbyour timely response.
Medical inadmissibility is entirely about cost. If the cost of treatment in the 5 (or 10) year period is more than $6325/yr, IRCC will deem your husband is excessive demand. You would need to know what the costs of his medication are in Canada as well as how much of that cost would be born by the provincial government in order to be able to demonstrate you are below the threshold. A medical fairness letter is supposed to spell out those costs but in HIV cases they often just assert it is expensive and leave it to you to prove that it is not.

There are an increasing number of treatment options that are below the excessive demand threshold. If your husband is on one of them, you can overcome a preliminary finding of excessive demand. If your husband is on a more expensive combination it may still fall below the threshold because the drugs are at the end of their patent life (a number of patents are expiring in the next few years). That's a more complex analysis.

If you aren't working with an attorney, it sounds like you should be. Your case is complicated.
 

NewPlan2014

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Dec 3, 2013
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18th September 2015 at CIO
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Med's Request
10th March 2015
Med's Done....
17th March 2015
computergeek said:
Medical inadmissibility is entirely about cost. If the cost of treatment in the 5 (or 10) year period is more than $6325/yr, IRCC will deem your husband is excessive demand. You would need to know what the costs of his medication are in Canada as well as how much of that cost would be born by the provincial government in order to be able to demonstrate you are below the threshold. A medical fairness letter is supposed to spell out those costs but in HIV cases they often just assert it is expensive and leave it to you to prove that it is not.

There are an increasing number of treatment options that are below the excessive demand threshold. If your husband is on one of them, you can overcome a preliminary finding of excessive demand. If your husband is on a more expensive combination it may still fall below the threshold because the drugs are at the end of their patent life (a number of patents are expiring in the next few years). That's a more complex analysis.

If you aren't working with an attorney, it sounds like you should be. Your case is complicated.
Hi Computergeek,
Is The cost that bron by Provencial government not add with the excessive demand thehold cost ?
 

scylla

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NewPlan2014 said:
Hi Computergeek,
Is The cost that bron by Provencial government not add with the excessive demand thehold cost ?
No - it's not.