Sponsorship Medical for cancer patients

Please, maybee somebody can share their experience. We waited o long, and now my father was diagnosed with cancer, already had surgery and treatment. Our medical forms should come any time and we very scared from rejection. If somebody had the same situation and can let us know what expect. 

My mom is in the same situation, had surgery two years ago. Her medical is cheduled for tomorrow. She collected letters from her doctors along with some copies of her recent check-up tests (all were good). We'll see how it goes, keep our fingers crossed. If we get fairness letter than will hire a lawyer.

Edited by alyona - 01 Oct 2012 at 4:03pm

alyona wrote: My mom is in the same situation, had surgery two years ago. Her medical is cheduled for tomorrow. She collected letters from her doctors along with some copies of her recent check-up tests (all were good). We'll see how it goes, keep our fingers crossed. If we get fairness letter than will hire a lawyer.

The best thing to do is to convince the DMP that there is no issue; if they don't indicate there is a potential concern, then it is unlikely you will get a fairness letter.

If you DO get a fairness letter, it's very important to have a solid response.  One reason is that the better the response, the more likely you are to be successful.  Also, CIC will not tell you about options you might have to mitigate.

For example, if the immigration is to AB or BC, you have the option to opt out of the public funded health care system - but that's not an option in other provinces.  You can point this out to CIC (but they won't point it out to you.)  MB has an option where you can post a bond so that should they incur excess costs, they can recover against the bond.  CIC won't tell you about such a program and indeed the court (in Deol v MCI) stated that CIC has no obligation to do so.

A good response also puts you in a good position should you choose to challenge in Court.  Parental rejections seem to be upheld by the court more often than applicant rejections (for applicant rejections CIC loses more legal cases than they win) but few areas of IRPA are murkier than medical inadmissibility.

Good luck!

If you review both the BC health care system and the AB health care system, they give individuals the option of NOT being covered by the public funded health care system.  In BC there is a form one fills out and submits to do so.  What this means, however, is that they are responsible for their own health care costs.

That is what I mean by "opt out".

Here is the BC link: http://www.health.gov.bc.ca/msp/infoben/electoptout.pdf

I recall finding similar information on the AB website as well.  This isn't necessarily the best option, but for someone who already has insurance coverage that offers portability then this is a viable option to at least propose - but only as part of a mitigation plan response to a fairness letter.

alyona wrote: Thanks for you responce, we are in BC actually so we could use "opt-out" option if we get fairness letter. My parents live in the US so they have Medicare insurance. I beleive it will still be available even if they move, provided they continue to pay the premiums. They will have to go to the US for treatments though, if necessary. Not the best solution, but if thats the last chance for us then we have to use it I guess.

If you receive a fairness letter, I would strongly suggest engaging the services of an attorney.  I know this area (medical inadmissibility) rather well and can suggest a few that I know do very well in this area.

Don't actually opt-out unless it's absolutely necessary.  Just make sure you present it to the VO as part of any mitigation plan (my own attorney didn't know about this option, but we used it in the JR application against CIC.)  What I learned is that medical and visa officers don't really know the rules of the provinces all that well.

I hope for your sake you never get to a fairness letter.  Just know that you can fight every step of the way.


Edited by computergeek - 02 Oct 2012 at 8:12pm