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Sponsorship for a cancer survivor?

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alyona View Drop Down
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    Posted: 05 Sep 2012 at 4:07pm
Anyone heard about cases when a parent who is cancer survivor was able to get an immigration visa?
My parents reside in the US, I applied for sponsorship in 2007, in 2010 my mom was diagnosed with cancer and had a surgery, she's been cancer free for 2 years with good test results. We now received medical forms and I'm trying to understand what are the chances. Any advise what we should do, except to bring all her medical records and letter from her doctor?
 
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computergeek View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 05 Sep 2012 at 5:57pm
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.

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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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 06 Sep 2012 at 2:30pm
Hi


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.



1. I would suggest the OP do a search on medical inadmissibility + parent at the Federal Court http://decisions.fct-cf.gc.ca/en/
2. I think you will find the success rate is quite a bit lower than 75% for parents.
PMM
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alyona View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote alyona Quote  Post ReplyReply Direct Link To This Post Posted: 06 Sep 2012 at 3:13pm
Thank you for the detailed response. We don't give up hope and intend to fight till the end. Just wanted to see if there was anyone who actually had cancer and was able to win.
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alyona View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote alyona Quote  Post ReplyReply Direct Link To This Post Posted: 06 Sep 2012 at 3:18pm
Thank you for the link! I will try to find a case similar to ours.
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computergeek View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 06 Sep 2012 at 4:06pm
A well prepared strategy will greatly improve the chances you won't even get to the judicial review stage.  Understanding the case law can be invaluable in preparing your action plan, particularly if you don't plan on working with an attorney.

Based upon what you have described thus far, you have a reasonable chance to avoid even getting a fairness letter - after all, she is clear of cancer now and as long as her prognosis is good, there would be no reason to evaluate the costs involved if she did - that is, "on a balance of probabilities" she is not likely to require unusual medical services.

PMM is likely right - I've not done the analysis on parental medical inadmissibility specifically.

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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Post Options Post Options   Thanks (0) Thanks(0)   Quote jkeats Quote  Post ReplyReply Direct Link To This Post Posted: 14 Sep 2012 at 5:55am
That's great and i am HappyChemo supports which provide cancer patients overcome fear, frustration, financial burden associated with diagnosis & treatment.
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isim View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote isim Quote  Post ReplyReply Direct Link To This Post Posted: 01 Oct 2012 at 2:58pm
Thanks
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Noushin50 Quote  Post ReplyReply Direct Link To This Post Posted: 01 Nov 2012 at 1:36am
Hello, I have almost the same situation.I sponsored my parents.
My dad was diagnosed with GIST (Gastro Intestinal Stromal Tumor) he had teh surgery over a year ago. Now he is taking medication as adjuvant therapy.
He had his regular medical exam in September. DMP received an email about getting more information as well as my mom getting a phone call.
I did not receive anything.They sent new information to medical center in Paris over a week ago.
I am a pharmacist ,living in BC. My father has his medication covered back home in Iran.
I want to be prepared in any case of rejection.Can you please give me some information?
Thanks
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alyona View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote alyona Quote  Post ReplyReply Direct Link To This Post Posted: 01 Nov 2012 at 2:06pm
I live in BC also. My parents had their medical exam done in October (they live in the US now). Haven't heard anything back yet, no calls or requests for an additional info. Did they ask him to go for another medical test? or requested additional documents from you farther's doctor?
Let's keep this thread updated, hopefully will help each other and others in similar situation.
 
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