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PA failed medical exam

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nancysmile View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote nancysmile Quote  Post ReplyReply Direct Link To This Post Topic: PA failed medical exam
    Posted: 16 Oct 2012 at 2:39pm
I sponsor my parents to immigrate Canada. My father is PA and diagnosed as Senile Dementia and failed his medical exam. I am wondering if I can only apply my mother to immigrate to Canada before the officer makes his decision. If it is posible, how to do that?
 
Thank you in advance.
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pmm View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 16 Oct 2012 at 5:50pm
Hi


Originally posted by nancysmile nancysmile wrote:

I sponsor my parents to immigrate Canada. My father is PA and diagnosed as Senile Dementia and failed his medical exam. I am wondering if I can only apply my mother to immigrate to Canada before the officer makes his decision. If it is posible, how to do that?
 

Thank you in advance.


No, sorry. If one person in the application fails, all fail. You can't separate your mother from the application. You should receive a fairness letter from the processing office, allowing you to dispute the diagnosis, and/or to prove that your father won't be "excessive demand" on the health system. If refused, you also have appeal rights.
PMM
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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: 16 Oct 2012 at 6:39pm
If you wish to fight at this point, I can suggest a small number of attorneys specializing in medical inadmissibility cases that I know do a good job.   If you wish to respond but do not wish to engage with an attorney, I'll answer what questions I can about the process.

As PMM has observed, you will receive a fairness letter.  You may receive a request for additional medical information prior to the fairness letter.  In my experience it takes 4-6 months before they send out the fairness letter and they will give you 60 days to respond.  If that is not sufficient time to respond, you may request longer and my experience is that they will grant it.

You can challenge the diagnosis, you can challenge the conclusion of excessive demand.  Make sure that the fairness letter is specific to your father - the legal requirement (Hilewitz) is that they must perform an individualized assessment, but in my experience the medical officers often do not - they make conclusions based upon the condition.  Your father's doctors may be able to provide a better prognosis and treatment strategy.  The third thing you can do is argue that your father will not exceed the ~$6100 cost threshold (and this goes up every December 1).  If his treatment will be primarily medication, then you need to determine what would be covered by your provincial drug treatment plan.

If you do get a fairness letter, order the case notes.  You need the "medical records" in this case, as well as the normal case notes.  You want to see how the immigration doctor reached her/his conclusions and consult with your own doctors.  They should tell you what the treatment strategy would be and from that you can document actual costs - which are often less than what are estimated by CIC.

I went through this in 2011.  My own response to the fairness letter was ~30 pages of material.  The rejection was a standard rejection with a single additional line.   My attorney did a fantastic job of framing the issues and we were able to obtain leave for JR.  For economic class applicants,  CIC seems to have a poor track record in court.  For family class (parents) they seem to do substantially better.  We advanced an interesting argument in my case that has not been tested that shows promise for future medical inadmissibility cases.

Don't give up hope at this point - you can fight and you do have a chance to win, but it will require quite a bit of diligent effort to swing the odds in your favour.


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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nancysmile View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote nancysmile Quote  Post ReplyReply Direct Link To This Post Posted: 17 Oct 2012 at 2:34pm
Thank you very much for the help from both of you. I received the fairness letter I guess and have to respond within 60 days. Instead of submitting the additional information, I will write a letter to order the case notes. Do I have to ask extra time in the letter, or I will automatically be giving extra time?
Could you please tell me how much you spended for the attorney? Was that based on the time they spended or just one price for all the service?
 
Thanks again.
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dimex1986 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dimex1986 Quote  Post ReplyReply Direct Link To This Post Posted: 17 Oct 2012 at 3:16pm
Hi everyone i did apply for common law in Canada(Alberta)but i have not received a file number from the immigration office. my spouse is a Canadian citizen(sponsor) why me is here on study visa(principal Applicant).my spouse had been separated for 8 yrs with her ex husband but in the spouse questionnaire she put separated and she explain in a separated sheet of paper.although she had already fill in for her divorce this year which will be ready in November. her lawyer gave her File number for her divorce paper,we are thinking if her lawyer can write a letter to the immigration that her marriage is broken up with her ex husband, that her divorce will be finalized in November this year. Hope it will not affect my application.
Although am living with her in common law relation which is over one year, i moved in with her in June 2011, but we have a joint bank account which will open in October last year which is over one year now exactly, we did attached credit card bill which show our name on it and Fido bill which show our name on it.it,s  a good proof of evidence.
lastly am trying to attach more document to my application that i submitted in June 2012, like my medical receipts, letter from her sisters and some picture which we have now.Although an immigration lawyer sign an statutory declaration of common law union  which we both sign with the lawyer, and the lawyer told me to attached my receipt  number to the file am sending again hope it will not cost delay or i should wait till they call me, for those application submitted in June 2012 submitted in Vegreville  Canada they will start opening it in October ending. 2012, i also spoke to the CIC call center they told me to just attached my receipt number and client number to the file am sending again, i need advise hope to hear from you please.
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vsvaid View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote vsvaid Quote  Post ReplyReply Direct Link To This Post Posted: 08 Dec 2012 at 12:16pm
Hi Computergeek

I may get into a situation as you were. There is a good chance that my father's medical exam may get rejected. If it happens, I would like use the services of a lawyer. Can you suggest some in the Toronto region?.

Thanks for your help

Regards
Vikram
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