Madatory to report changes in medical condition?? |
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banderson
New Member Joined: 19 Aug 2010 Status: Offline Points: 10 |
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Posted: 02 Sep 2010 at 6:36pm |
Can the immigration visa be denied if the spouse has medical condition such as vision problem? I wouldn't want to go into details as it's very personal, sorry, but my spouse has developed some vision problem. It's not contagious by any means. I contacted CIC in Canada and they said that I must notify the local immigration office in his country, which we will do.
Now I am worried: can it risk the process?
My next question: is it mandatory to report any change in physical/medical conditions to CIC? Edited by banderson - 03 Sep 2010 at 2:33pm |
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banderson
New Member Joined: 19 Aug 2010 Status: Offline Points: 10 |
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Can it be a some sort of "humanitarian /compassion" case and speed the process? (It is an ongoing problem and very likely that once he gets here and get medical help he will make full recovery.) Does anyone have similar experiences?
Edited by banderson - 03 Sep 2010 at 2:41pm |
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sami55
Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594 |
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I have done research and find the following but I am sure more will follow from others
'OP2 - Processing Members of the Family Class', CIC: 5.19 Medical Requirements "Members of the family class are medically inadmissible if they or their family members are likely to be a danger to public health or to public safety or if their admission might reasonably be expected to cause excessive demands on health or social services [A38(1)]. See Exceptions to medical inadmissibility, Section 5.20 below." 5.20 "A38(2)(a) states that spouses, common-law partners and dependent children who are members of the family class are not inadmissible even if they have a medical condition that will result in excessive demand to health or social services |
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sami55
Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594 |
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this applies to you
'OP2 - Processing Members of the Family Class', CIC: 5.19 Medical Requirements "Members of the family class are medically inadmissible if they or their family members are likely to be a danger to public health or to public safety or if their admission might reasonably be expected to cause excessive demands on health or social services [A38(1)]. See Exceptions to medical inadmissibility, Section 5.20 below." 5.20 "A38(2)(a) states that spouses, common-law partners and dependent children who are members of the family class are not inadmissible even if they have a medical condition that will result in excessive demand to health or social services |
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sami55
Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594 |
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sorry I meant to send you this instead of previous one.. sorry.
sorry its getting technical but i have kept it as simple as I can.. Section 38 (1)(c) of IRPA was challenged in Supreme Court. There were also community and immigrant serving organizations who have intervened in these types of cases and also in this challenge. There have been some cases also. For example the Hilewitz v. Minister of Citizenship and Immigration and de Jong v. Minister of Citizenship and Immigration. This exemption did not help the Hilewitz and de Jong families because they applied as business class applicants. Ethno-Racial People with Disabilities Coalition (ERDCO) and the Canadian Association for Community Living (CACL) were the interveners in this case and were represented by ARCH. You can find information on this case here: http://www.ryerson.ca/erdco/pressrelease_immigration.doc You can also find more details of the case here: Hilewitz v. Minister of Citizenship and Immigration de Jong v. Minister of Citizenship and Immigration http://www.sulemanco.com/blogpost.php?blogID=110 Hilewitz v. Minister of Citizenship and Immigration and de Jong v. Minister of Citizenship and Immigration http://tinyurl.com/gpltc Hilewitz v. Minister of Citizenship and Immigration and de Jong v. Minister of Citizenship and Immigration http://www.canlii.org/ca/cas/scc/2005/2005scc57.html According to CACL and ERDCO, the decision is considered a victory for persons with disabilities and their families, and established that immigrants with disabilities can become valued members of Canadian society. CACL and ERDCO's purpose in intervening was to draw the Supreme Court's attention to the fact that persons with disabilities are being systematically discriminated against by being denied admission to Canada and that Canada immigration fails to consider other aspects such as the positive contributions that persons with disabilities make to society, and the role their families and communities play in supporting persons with disabilities. |
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audball
Top Member Joined: 26 Jan 2010 Location: Yellowknife Status: Offline Points: 1018 |
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Your multiple posts are getting seriously obnoxious.
banderson, you are fine. Contact the office processing the application with a letter from the doctor about the condition. Full disclosure is always best. BUT spouses cannot be deemed medically inadmissible. It will not risk the process for you guys, so don't worry about it. :) I hope she ends up okay |
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banderson
New Member Joined: 19 Aug 2010 Status: Offline Points: 10 |
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Sami55, Thank you so much for the information. Phew! You have no idea how much weight you lifted off my shoulders! I really appreciate it. Audball, thanks for re-affirmation as well. I must say though, I found Sami55's posts very helpful. Too bad that this forum doesn't allow people to go back to their posts and delete when needed.
Edited by banderson - 03 Sep 2010 at 2:34pm |
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sami55
Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594 |
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banderson i honestly truly try to do the very best for you.
and it is very gratifying when some one like you appreciate it and post thank yous .. but there are some obnoxious rude people on here who hinder the good will and pull down the morale which does not help man or beast... I am sure you, banderson will agree with me, as will many others. |
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Saya
Senior Member Joined: 29 Dec 2009 Status: Offline Points: 343 |
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You can delete your posts under post options.
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Meds - Apr 13/10
App rec'd CPC-M - Apr 21/10 Sponsor Aprvd - May 27/10 App In Process/Meds Rec'd - Jun 16/10 DM - July 27/10 PPR via Email - Aug 4/10 PP w/ VISA - Aug 24/10 CommonLaw - London |
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sami55
Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594 |
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thank you saya
the multiple posting happened out of mistake rather than ill intentions. but that is totally opposite of the outrageously rude audball and in addition my posting does not harm anyone that horrible nasty audballs does... |
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