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Sponsorship for a cancer survivor?

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Family Class Sponsorship
Forum Description: A review of current sponsorship programs (permanent residence) promoting the reunion in Canada of close relatives from abroad.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=10491
Printed Date: 26 Nov 2020 at 2:00pm


Topic: Sponsorship for a cancer survivor?
Posted By: alyona
Subject: Sponsorship for a cancer survivor?
Date 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?
 



Replies:
Posted By: computergeek
Date 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


Posted By: pmm
Date 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


Posted By: alyona
Date 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.


Posted By: alyona
Date Posted: 06 Sep 2012 at 3:18pm
Thank you for the link! I will try to find a case similar to ours.


Posted By: computergeek
Date 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


Posted By: jkeats
Date 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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http://www.happychemo.com - Cancer Support Group


Posted By: isim
Date Posted: 01 Oct 2012 at 2:58pm
Thanks


Posted By: Noushin50
Date 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


Posted By: alyona
Date 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.
 


Posted By: Noushin50
Date Posted: 01 Nov 2012 at 4:04pm
Hi,
I don't know what exactly they were looking for.
I just know that DMP asked for CT scan and more details from Oncologist.
We applied for my mother in law as well. They received her medical Sep 27 2012 and we got an email asking for her passport to issue visa 2 days ago.
I am looking fo an attorney to be prepared for an appeal incase .
Does anyone know an attorney?


Posted By: computergeek
Date Posted: 01 Nov 2012 at 9:37pm
Originally posted by Noushin50 Noushin50 wrote:

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


You are in a uniquely qualified position - you can at least determine what the cost of the medication is (for me, that was one of the most difficult things to do, since this was about the cost to the province in my case).  I ultimately ended up using the Quebec numbers (they publish an entire guide of prices).

If the medical officer decides that your father is "excessive demand" you will receive a "fairness letter".  This letter should set out the basis of the medical officer's opinion, although it may be generic.  The law requires that the medical officer perform an individualized assessment, but they don't always do so (she certainly didn't in my case).

It sounds like the primary concern would be the cost of medication.  You should determine what the cost of that medication would be in Canada and what portion, if any, that would be paid for by the provincial government.   The current number is $6100, but it will be adjusted again on 1 December, so I would expect it to increase by another 5-8% as it has in recent years.

The fairness letter will ask you to respond in 60 days.  You may ask for an extension - it is definitely advisable to do so as it takes time to prepare a response to a fairness letter.  I would suggest hiring an attorney to assist you but will caution you there are only a handful of attorneys experienced in this area.  If you are interested PM me and I will provide you with pointers.

The response may challenge the medical officer's opinion.  It may also challenge the cost estimates of the medical officer.  It may also offer a mitigation plan.

In my own response, we did not challenge the opinion.  The medical officer gave no cost estimates but we had estimates from an expert.  The brunt of my own response related to mitigation - in my case private employer funded insurance that would cover 100% of the medication cost up to $68k (note that in spite of this, the medical officer still found me inadmissible and the VO did nothing to augment or review the MO's opinion.  I believe this was an essential part of the Court's decision to grant leave).





-------------
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


Posted By: Noushin50
Date Posted: 03 Nov 2012 at 2:14am
Thank you very much for the info and PM
You have been very supportive and helpful.


Posted By: alyona
Date Posted: 06 Nov 2012 at 12:50pm
Today there was an update on our case online "Medical results have been received" What does it mean? I wonder if they can still ask my mom to do some additional tests or if they were satisfied with the info we provided and will be making a decision based on that.


Posted By: computergeek
Date 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


Posted By: alyona
Date 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.


Posted By: isim
Date 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


Posted By: isim
Date Posted: 15 Nov 2012 at 10:12am
Hello Noushin50, we're all hoping for good results. Please keep us updated with your situation


Posted By: alyona
Date 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!


Posted By: farnaz81
Date 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


Posted By: P.Van
Date 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


Posted By: shyguystudent
Date 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.


Posted By: emmavaidya
Date 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 ?


Posted By: pmm
Date 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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