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Sponsorship for a cancer survivor?

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pmm View Drop Down
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    Posted: 01 Apr 2016 at 2:13pm
Hi


Originally posted by emmavaidya emmavaidya wrote:

I am sponsoring my spouse , who is in a similar situation, and a cancer survivor.

Will there be any issues with CIC due to this ? Anyone who has been through this , can you give me a detailed steps you followed or what CIC asked or did not ask ?


1. No, spouses are not subject to "excessive demand" on medical/social services.
PMM
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Post Options Post Options   Thanks (0) Thanks(0)   Quote emmavaidya Quote  Post ReplyReply Direct Link To This Post Posted: 31 Mar 2016 at 6:20pm
I am sponsoring my spouse , who is in a similar situation, and a cancer survivor.

Will there be any issues with CIC due to this ? Anyone who has been through this , can you give me a detailed steps you followed or what CIC asked or did not ask ?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote shyguystudent Quote  Post ReplyReply Direct Link To This Post Posted: 24 May 2015 at 8:32am
Hello everyone. I am hoping to get some guidance from you. I was diagnosed with a stage 1 testicular seminoma of the left testicle about 9 years ago. With the grace of God, it was removed with surgery and radiation therapy was given as a precaution. It was a very early stage. After the surgery, I have been completely tumor-free. All my reports have been absolutely normal, except for slightly elevated cholestrol (which has nothing to do with the tumor). The scars of the surgery are just above the penis which means that in all likelihood they wont be seen by the doctor during my medical check up for the visa (I am applying for a student visa, but I will eventually apply for PR after completeing studies). My question to you is this:

1) Despite the scar not being visible unless I am completely naked, should I disclose this past medical condition upfront? My oncologist should be giving me a letter explaining the case history and the fact that I have been tumor-free after the surgery. I am worried that even if this medical check up wont be so much in detail, the check up conducted at the time of applying for PR may be in detail and they might find out.

2) On the other hand, I have the temptation of not disclosing since it is unlikely anyone will spot it. I am worried that I may be denied a student visa if I disclose it upfront.

Please advise, my medical check up is withing 24 hours. Thank you and God bless you all.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote P.Van Quote  Post ReplyReply Direct Link To This Post Posted: 26 Feb 2015 at 4:51pm
Originally posted by computergeek computergeek wrote:

This is an area known as "medical inadmissibility".

The first thing to keep in mind is that you shouldn't panic or assume that she won't be admitted automatically due to her previous experience with cancer, because that is definitely NOT the case.

She will need to disclose this to the DMP.  Ideally, she should also get letters from her existing doctors stating that she is cancer free, her test results are clear and her prognosis is that they do not expect a relapse of the cancer.  Give a copy of those to the DMP and keep the originals in case you get a follow-up query from IMS.

The critical part is you want the DMP to state that she is not expected to create excessive demand.   That isn't entirely controllable, but providing them with sufficient information can make all the difference in the world.

The DMP's report will be sent to the Immigration Medical Service Centre for the US,which is in Ottawa.  A doctor there will review her file and give her a medical rating.  If they need more information, they will ask for it, in which case you will receive a sealed letter from the visa office asking your mother to take it to the DMP. 

What you are hoping for is an M1-M3, in which case she'll be fine.

If she is rated M5, you will receive a "fairness letter" that will state the opinion of the IMS doctor that your mother will pose an excessive demand on the medical services of Canada.  At that stage you have one of three choices:

(1) You can ignore the letter, in which case CIC will issue a rejection letter;
(2) You can challenge the medical opinion by having your own doctors write their recommendations and findings.
(3) You can provide evidence that you can mitigate the costs involved, perhaps by proving that you have other insurance coverage (e.g., US Medicare, for example) and you should also include a sworn (notarized) promise that she will not ask the provincial or federal government to pay for medical costs associated with that finding.  Some provinces (Manitoba) will allow you to post a performance bond (CIC won't tell you about this program and the courts have said they don't need to do so - so do your own homework).  BC and Alberta will allow her to "opt-out" of provincial health care, although other provinces do not permit this.  In that case, she would need to provide her own health insurance.

My suggestion is that if you get to the point where you have received a fairness letter you engage the services of an attorney specializing in medical inadmissibility.  There are only about a half-dozen of them actively practicing in this area.

If despite all of this CIC rejects your application, you will be in an excellent position to challenge the decision in Federal Court.  While this is generally not a great venue, the Court record for CIC in these cases is that they win about one in every four cases - so they lose about three out of four.  Medical inadmissibility is a true nightmare for them.

Don't give up hope, because odds are that a well prepared plan of attack will allow you to be successful in sponsoring them.

Good luck!  If you find yourself in need of an attorney, PM me and I will point you at several for you to consider.


Hi
My mom medical was refused under section 38(1)C which is medical inadmissibility.
Would you people help me  on this, I am so disappointed after a long wait from 2008.

Thanks so much
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Post Options Post Options   Thanks (0) Thanks(0)   Quote farnaz81 Quote  Post ReplyReply Direct Link To This Post Posted: 15 Oct 2014 at 10:47am
Hi Noushin, 

Could you please let me know what happened to your case of sponsoring your parents?

I have the same situation as you had. I am so worried and don't know where to get my answer.

Many Thanks
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Post Options Post Options   Thanks (0) Thanks(0)   Quote alyona Quote  Post ReplyReply Direct Link To This Post Posted: 17 Jan 2013 at 5:39pm
Today I received happy news - an e-mail request to send my parents passport for permanent residents visas! I cannot beleive it to be honest, we expected a lot of issues with medical results but they never even asked anything!
Hopefully this will bring more hope to the ones in the same situation as us. Of course each case is unique but it helps being prepared with all the medical paperwork which I think was significant in our case.
 
Good luck to all!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote isim Quote  Post ReplyReply Direct Link To This Post Posted: 15 Nov 2012 at 10:12am
Hello Noushin50, we're all hoping for good results. Please keep us updated with your situation
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Post Options Post Options   Thanks (0) Thanks(0)   Quote isim Quote  Post ReplyReply Direct Link To This Post Posted: 15 Nov 2012 at 10:08am
Hi Alyona, we are crossing our fingers for good results! Hopefully everything goes well with your situation. Please keep us updated, your posts have been very helpful since we're in a very similar situation
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Post Options Post Options   Thanks (0) Thanks(0)   Quote alyona Quote  Post ReplyReply Direct Link To This Post Posted: 07 Nov 2012 at 11:32am
Thank you, computergeek! Although I saw some people said they had "medical have been received" update and still got rejection after that, but still, this definitely gives us hope for the good result.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 06 Nov 2012 at 11:03pm
Excellent!  That means the medical results have been added to your file.  If there had been an inadmissibility issue, you would have received a fairness letter, and medical results would not have been received.

In my case, I didn't get "medical results have been received" until the same day they refused my application.

FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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