work permit and multiple sclerosis (MS)

[_tini_]

Hi,
I am working several years in Canada and have been diagnosed during this time with Multiple Sclerosis. Now I need to extend my work permit and need to remove a condition in my permit that says "not allowed to work with patients". MS is not a contagious illness, but may be seen as an expensive factor in terms of medication.

My fear is, that Canada Immigration sends me to a medical examination. I am absolutely fit and have no problems at all, except that I take (expensive) medication. Will my application for an extension of my work permit be rejected because of my MS? (I tried to read up upon this, but could only find the exception for common-law partners, but I am a single)

I hope you can help me, I am quite worried...
Thank you very much!

 

[computergeek]

I'm in a similar situation (condition that may require medication for treatment) and it was the basis of my rejection for permanent residency in the Federal Skilled Worker category (currently in Federal Court challenging the decision). My work permit is due for renewal in September 2012, so I've had plenty of time to research this in advance.

Bottom line answer: your renewal request MAY be rejected. After speaking with several attorneys on this matter, there is no clear answer and ultimately it becomes the prerogative of the officer processing your application ("excessive demand" is a legitimate reason for rejection.)

However, there is a peculiar wrinkle: if you apply via the outland process, the form differs in EXACTLY this area. Outland application asks: "Do you have any mental or physical disorder that would require social and/or health services, other than medication, during a stay in Canada?" Inland application asks: "Have you or any of your family members in Canada suffered from any serious mental or physical illness?"

So, it is best if you can apply via the outland mechanism. For example, I'm from the US, so I will just drive to the border the day after my current work permit expires, along with all my paperwork, go into the CBSA office, and have an officer process my new work permit.

Personally, I find the this attitude repugnant. It's akin to having health insurance and as soon as you get sick, having the insurance company cancel your policy. But that's the policy of the Canadian government and hence the will of the Canadian people.

 

[_tini_]

Hi Computergeek,

now I know why you are a "star member"
Thank you very much for your fast and informative answer!! So my worries are justified... sorry to hear that you are in a similar situation, fingers crossed that everything will work out in your case!

I am from Europe and ironically this type of medication is fully covered by our health system (whereas here in Canada I still have to pay part of the costs). But as I said, I have been diagnosed in Canada and after your helpful information it might be a good idea to also get me diagnosed in my home country. Then, in the case that I would really need a medical examination, I would at least have the possibility to take over my medication from Europe to Canada and hence don't burden the Canadian health system. Do you think that might be a better, maybe even successful way?? Or do you have other suggestions?

Thanks, Tini

 

[computergeek]

If you can provide your own medication, then indeed you can present a reasonable mitigation plan. If you have an LMO and a job offer, you can always just pick up your work permit on entry to Canada. If you are going back to Europe, you can apply outland (using the magic form) and then you wouldn't even need to worry about it. Frankly, that's a much easier (and legitimate) path than trying to deal with mitigation plans.

In my case the drugs are typically paid for by the provincial government in BC. Because some (but not all) treatment options exceed the cap (approx $6100 per year as of December 1, 2011) they decided I was inadmissible, even though I'm not covered by the BC drug plan at the present time and have employer paid insurance covering 100% up to around $68k per year in prescription medication.

If the cost of your drugs is less than about $4k per year to your province, then I think you could just point this out and argue that you're NOT excessive demand, no matter what (that gives you $2k a year for tests and doctor's visits.) That should make your inland application arguments more palatable.

You might find it beneficial to speak with an attorney with experience in medical inadmissibility cases; they may have insight into how to best obtain your work permit extension.

Good luck!

 

[Arman81]

Hi,
My friend has been diagnosed with Multiple sclerosis 4.5 years ago. His life is like a normal person and is completely fine. His medication is Avonex (injection/ once a week). He is wondering how his PR application will be affected if he applies for PR. I will be appreciated if you update us about you PR application.
Thanks.

 

[Bs65]

Hi Computergeek,

now I know why you are a "star member"
Thank you very much for your fast and informative answer!! So my worries are justified... sorry to hear that you are in a similar situation, fingers crossed that everything will work out in your case!

I am from Europe and ironically this type of medication is fully covered by our health system (whereas here in Canada I still have to pay part of the costs). But as I said, I have been diagnosed in Canada and after your helpful information it might be a good idea to also get me diagnosed in my home country. Then, in the case that I would really need a medical examination, I would at least have the possibility to take over my medication from Europe to Canada and hence don't burden the Canadian health system. Do you think that might be a better, maybe even successful way?? Or do you have other suggestions?

Thanks, Tini

Just keep in mind the rules for importing medication into Canada are very limited in volume, a few months at most in fact 90 days supply at any one time. See page 9 http://www.hc-sc.gc.ca/dhp-mps/alt_formats/pdf/compli-conform/import-export/gui_0084-eng.pdf

 

[computergeek]

Hi,
My friend has been diagnosed with Multiple sclerosis 4.5 years ago. His life is like a normal person and is completely fine. His medication is Avonex (injection/ once a week). He is wondering how his PR application will be affected if he applies for PR. I will be appreciated if you update us about you PR application.
Thanks.

Using the Quebec formulary (https://www.prod.ramq.gouv.qc.ca/DPI/PO/Commun/PDF/Liste_Med/Liste_Med/liste_med_2016_05_04_en.pdf) it shows the cost of that as $352 per "unit". Assuming your friend is using one unit per week, that is an annual cost of ~$18,300. That is far above the excessive demand threshold. Thus, it is likely that your friend will be found to be "excessive demand" and thus not eligible for permanent residence. Note: I am assuming he is applying in an economic class and not in family class (where some family class applicants are "excessive demand exempt").

 

[thiagothinho]

Hi guys, I`m from Brazil.
My wife wants to spend a year in Canada studying English. However it carries multiple sclerosis.
In Brazil she takes this medicine called beta interferon 1b in the SUS (Unified Health System), I wonder how the health system in Canada and how it could get this medicine in the period they are in Canada?
Can I make a health plan in Canada where I can take this medicine and not necessary import the beta interferon 1b.

PS: In Brazil I take the medicine for free in SUS.

 

[lsouzap]

Hello!

I found the post because I am in search of information.
Me and my partner are going to Canada with a temporary work visa for 12 months. We think about immigration in the future. My partner has identified multiple sclerosis, although I am the primary applicant, would anyone know what this could entail in our immigration process?

Thanks

 

[ellaaa10090]

I'm in a similar situation (condition that may require medication for treatment) and it was the basis of my rejection for permanent residency in the Federal Skilled Worker category (currently in Federal Court challenging the decision). My work permit is due for renewal in September 2012, so I've had plenty of time to research this in advance.

Bottom line answer: your renewal request MAY be rejected. After speaking with several attorneys on this matter, there is no clear answer and ultimately it becomes the prerogative of the officer processing your application ("excessive demand" is a legitimate reason for rejection.)

However, there is a peculiar wrinkle: if you apply via the outland process, the form differs in EXACTLY this area. Outland application asks: "Do you have any mental or physical disorder that would require social and/or health services, other than medication, during a stay in Canada?" Inland application asks: "Have you or any of your family members in Canada suffered from any serious mental or physical illness?"

So, it is best if you can apply via the outland mechanism. For example, I'm from the US, so I will just drive to the border the day after my current work permit expires, along with all my paperwork, go into the CBSA office, and have an officer process my new work permit.

Personally, I find the this attitude repugnant. It's akin to having health insurance and as soon as you get sick, having the insurance company cancel your policy. But that's the policy of the Canadian government and hence the will of the Canadian people.

May I ask whether you successfully get PR during these years?