Medical problems

Old Jul 29th 2002, 2:20 am
  #1  
Russell Ranshaw
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Default Medical problems

We got a letter that my husband is likely to be a burden on the Canadian
medical system. Unless we can prove otherwise, and we really can't, he will be
refused a visa.

Should we try for the minister's permit now?

Or can we apply for a visa without the free medical insurance?

Thanks

Barb
 
Old Jul 29th 2002, 3:20 am
  #2  
Stuart Brook
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Default Re: Medical problems

Russell Ranshaw wrote:
    >
    > We got a letter that my husband is likely to be a burden on the Canadian
    > medical system. Unless we can prove otherwise, and we really can't, he will be
    > refused a visa.
    >
    > Should we try for the minister's permit now?
    >
    > Or can we apply for a visa without the free medical insurance?
    >
    > Thanks
    >
    > Barb

Everyone permanently resident in Canada is covered under the medicare system ...
there is no "opting out" ... therefore you have no choice but to appeal on H&C
grounds. Time to contact a lawyer. I have some friends who will shortly be in the
same situation. The Canadian citizen has a job offer in Canada and has been
unemployed in the US for 6 months. His spouse and son have medical problems one of
which is significant. They'll have to go the H&C route too.s

Stuart
 
Old Jul 29th 2002, 6:21 am
  #3  
The Wizzard
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Default Re: Medical problems

If its a spousal sponsorship case ( i presume it is talking about an MP and
everything) then can they not take into account the new law saying the requirement
not to place a burden on the medical system is waived for spouses?

"Stuart Brook" <[email protected] > wrote in message
news:[email protected]...
    > Russell Ranshaw wrote:
    > >
    > > We got a letter that my husband is likely to be a burden on the Canadian medical
    > > system. Unless we can prove otherwise, and we really can't, he
will
    > > be refused a visa.
    > >
    > > Should we try for the minister's permit now?
    > >
    > > Or can we apply for a visa without the free medical insurance?
    > >
    > > Thanks
    > >
    > > Barb
    >
    > Everyone permanently resident in Canada is covered under the medicare system ...
    > there is no "opting out" ... therefore you have no choice but to appeal on H&C
    > grounds. Time to contact a lawyer. I have some friends who will shortly be in the
    > same situation. The Canadian citizen has a job offer in Canada and has been
    > unemployed in the US for 6 months. His spouse and son have medical problems one of
    > which is significant. They'll have to go the H&C route too.s
    >
    > Stuart
 
Old Jul 29th 2002, 9:22 am
  #4  
pkjmet
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Default Re: Medical problems

Stuart Brook <[email protected] > wrote in message
news:<[email protected] da.ca>...
    > Russell Ranshaw wrote:
    > >
    > > We got a letter that my husband is likely to be a burden on the Canadian
    > > medical system. Unless we can prove otherwise, and we really can't, he will be
    > > refused a visa.
    > >
    > > Should we try for the minister's permit now?
    > >
    > > Or can we apply for a visa without the free medical insurance?
    > >
    > > Thanks
    > >
    > > Barb
    >
    > Everyone permanently resident in Canada is covered under the medicare system ...
    > there is no "opting out" ... therefore you have no choice but to appeal on H&C
    > grounds. Time to contact a lawyer. I have some friends who will shortly be in the
    > same situation. The Canadian citizen has a job offer in Canada and has been
    > unemployed in the US for 6 months. His spouse and son have medical problems one of
    > which is significant. They'll have to go the H&C route too.s
    >
    > Stuart

If your application was filed under the old act you should look at withdrawing the
application and filing a new application under the new Act. Why-because there are
exemptions of the excessive demand clauses of the act for persons who are spouses of
Cdn citizens. Appeals of medical refusals are lengthy and there is no guarentee of
success as from previous postings your spuse is with you in the USA and consequently
what are the H and C grounds.

Stuart is wrong if he beleives that H and C can overcome medcial failures for medical
inadmissibilities.

Jim Metcalfe, Consultant and former visa officer
 
Old Jul 29th 2002, 9:22 am
  #5  
Russell Ranshaw
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Default Re: Medical problems

Thanks for your reply,

You wrote to me that
    >Everyone permanently resident in Canada is covered under the medicare
system ... there is no "opting out" ... therefore you have no choice but to appeal on
H&C grounds.

I saw this note a few weeks ago
    >For example, refusal on medical basis for spouses and dependant children
    | will no longer exist. Berto Volpentesta Member OPIC, Director OPIC<

I wonder what he means by this

Thanks, Barb
    |
 
Old Jul 29th 2002, 9:22 am
  #6  
Russell Ranshaw
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Default Re: Medical problems

Thanks for your reply, Jim,

    >If your application was filed under the old act you should look at
withdrawing the application and filing a new application under the new Act.
Why-because there are exemptions of the excessive demand clauses of the act for
persons who are spouses of Cdn citizens. <

So if excessive medical demand is the only reason for refusal, he is likely to
be accepted under the new regulations? It seems to be a more expensive process
than before.

Our reality is that we don't really need the Canadian medical insurance for my
husband. We are satisfied with what US medicare provides for him and content to live
close to the US border.

We would like to get permission for him to remain in Canada without any of the
privileges granted with the PR. Can this be done?

Barb
 
Old Jul 29th 2002, 10:20 am
  #7  
Stuart Brook
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Default Re: Medical problems

Russell Ranshaw wrote:
    >
    > Thanks for your reply,
    >
    > You wrote to me that
    > >Everyone permanently resident in Canada is covered under the medicare
    > system ... there is no "opting out" ... therefore you have no choice but to appeal
    > on H&C grounds.
    >
    > I saw this note a few weeks ago
    > >For example, refusal on medical basis for spouses and dependant children
    > | will no longer exist. Berto Volpentesta Member OPIC, Director OPIC<
    >
    > I wonder what he means by this
    >
    > Thanks, Barb

I've got to eat humble pie ... I hadn't read that part of the new rules
- since I'm not a practicing "immigration lawyer or consultant", any comments made
are based on prior experience and what I learn on the fly as it were. Sorry if I
caused you any distress.

That said, you can't live in Canada and opt out of the Canadian medical system.

Others have suggested that you re-file to be processed under the new rules. Seems
pretty cruel to me to make you pay again the application fee just to get new
rules applied.

Stuart
 
Old Jul 29th 2002, 12:23 pm
  #8  
Russell Ranshaw
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Default Re: Medical problems

    >Seems pretty cruel to me to make you pay again the application
fee just to get new rules applied.<

Thanks for correcting yourself. Appreciate your caring. I believe that the fee is
refunded if you don't get the visa... not the sponsorship part, I think.

Barb
 
Old Jul 29th 2002, 3:20 pm
  #9  
Stuart Brook
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Default Re: Medical problems

Russell Ranshaw wrote:
    >
    > >Seems pretty cruel to me to make you pay again the application
    > fee just to get new rules applied.<
    >
    > Thanks for correcting yourself. Appreciate your caring. I believe that the fee is
    > refunded if you don't get the visa... not the sponsorship part, I think.
    >
    > Barb

I was very happy to discover this myself for the friends moving to Canada soon ... it
will make this a far easier move. I always thought it was kind of an unreasonable
qualification. There are times I wish there was an "opt out" program to go with
Canada's health care system, but that goes against universal access. It's difficult
to know what's best.

Stuart
 
Old Jul 30th 2002, 12:20 am
  #10  
Russell Ranshaw
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Default Re: Medical problems

Hi Stuart,

    >It's difficult to know what's best.

That's for sure. We are going to visit our MP, hopefully today. I will let you know
if I learn anything useful.

Barb
 
Old Jul 30th 2002, 12:20 am
  #11  
pkjmet
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Default Re: Medical problems

Stuart Brook <[email protected] > wrote in message
news:<[email protected] da.ca>...
    > Russell Ranshaw wrote:
    > >
    > > >Seems pretty cruel to me to make you pay again the application
    > > fee just to get new rules applied.<
    > >
    > > Thanks for correcting yourself. Appreciate your caring. I believe that the fee is
    > > refunded if you don't get the visa... not the sponsorship part, I think.
    > >
    > > Barb
    >
    > I was very happy to discover this myself for the friends moving to Canada soon ...
    > it will make this a far easier move. I always thought it was kind of an
    > unreasonable qualification. There are times I wish there was an "opt out" program
    > to go with Canada's health care system, but that goes against universal access.
    > It's difficult to know what's best.
    >
    > Stuart

I have not found any provision in the Act and Regulations which allows for a switch
in this type of case to benfit the individual. However
Mr. Ranshaw has been a long time subscribed to this ng and he knew the rules.
Making an new aplication should not be too onerous however before doing so i
would write to Buffalo as I presume that is where the application is being
processed and ask them the desired procedure. They may have guidance on tis
that we are no aware of.

Jim Metcalfe, Consultant and former visa officer
 
Old Jul 30th 2002, 9:20 am
  #12  
Russell Ranshaw
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Default Re: Medical problems

We went to see the Canadian MP today. He advised that we send a letter to Buffalo
stating that my husband would continue to take his medical treatment in the US and
paid for by US medicare and that he would thus not be a burden on the Canadian
medical system.

The MP said that he would contact the immigration folks on our behalf after this
letter has been received by them.

He seemed to think that the new legislation did not affect the medical burden
question and that an application made pre June would be considered under the post
June rules. He thought that it made no sense for us to reapply under the new system.

I will repost when he tells me what the facts are, not just his thoughts...

Barb
 

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