Carmoral

Hi all,
I am married to a Canadian and he lives with me here in the UK and has done soe since 2001, we have been married for 11 years this October coming and now hubby wants to return to Canada to live. I only have one concern and that is with the medical. I have Congestive heart failure, and have had it for the past 3 years. (got it through a virus travelling to my heart) I am much better than i was 3 years ago and on regular medication, but still cannot work. I am also 10 years older than hubby, but I dont think after being married to him for 11 years that is going to be a problem.
Im just concerned about the my medical problem. Do you think thay will fail me on that?
As for the relationship proving, we have bank accounts together, mortgage in both names, bills ect, so proving relationship should be easy.
Im concerned about my medical, and worried I will fail.
thanks in advance

Siouxie

As a spouse you are medical exempt, which means that even if you have an illness that would normally result in a refusal you cannot be refused on medical grounds.

http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf

5.20. Exceptions to medical inadmissibility

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.

R24 provides further exemption from medical inadmissibility that might reasonably be expected to cause excessive demand on health or social services for conjugal partners and children to be adopted.

Go for it!!

Carmoral

thank you so much, thats really put my mind at ease, will keep u posted

mikey8954

We are also anxious about this. We are applying under the FSW route and I am the principal applicant as a registered nurse. My Husband has Crohn's disease and is on expensive treatment here in the UK as a hospital outpatient though he is completely functional and has a well paying job. We're worried that we will be refused because of excessive demand. I have been partly reassured by other posts and things I've found online about this being waived if it is a family member but not sure if this stands for family members who are part of a FSW application or if this is even really true as there seem to be so many people worried about the effect their spouses and children might have on the application, any ideas?

iaink

Immigration wont be a problem, but you should look into managing the cost of the medication in Canada, as a pre-existing condition is unlikely to be covered by any insurer, and the provincial systems only cover medication costs incurred while in hospital, You or your insurance plan have to cover the cost of prescription drugs, unless your income is low enough that one of the welfare plans picks it up. There is also some provincial coverage for pensioners I think?

Siouxie

Only Family class spouses and dependants, refugee's and protected persons are medical exempt.

See: http://www.cic.gc.ca/english/resourc...p/op15-eng.pdf section 5:7 EDIT**

5.7. Exemptions from inadmissibility on grounds of excessive demand

As per R24 and R139(4), excessive demand determinations under A38(1)(c) do not apply to:
• individuals who are members of the family class: spouse, common-law partner or a dependent child of the sponsor;
• Convention refugees;
• protected persons

That is Family Class as in being sponsored by a Canadian Citizen or PR as a spouse or other family member, not as a family member of another class such as FW.

The only problem you may have is with the Excessive Demand clause.

If you google http://www.google.ca/search?hl=en&cr...=&oq=&gs_rfai= the first link (PDF: Excessive Demand Cost Threshold File Format from www.cmi-icm.ca) will give you details. Sorry, the original link won't work!

CIC and excessive demand:
http://www.cic.gc.ca/english//resour...#ann1%20idann1 and http://www.cic.gc.ca/English/resourc...#cont%20idcont

I don't know whether your husbands medication costs will affect your immigration, but you could prepare paperwork showing that you are able to cover the cost of it or show you have insurance to cover it perhaps?

mikey8954

So.... if I applied and was accepted as a FSW and my other half wasn't accompanying me but at a later stage applied under the Family Class as my spouse that would make them exempt from the excessive demand clause? The way we had intended to work it was for him to come back every 8 weeks for his work in the UK and tie in his outpatient appointments with those visits so that the medication cost wasn't an issue for the Canadian state. I suppose having him apply at a later stage would make this much easier?

Carmoral, is it all any easier for you being married to a canadian citizen?

Siouxie

How does a spouse not accompany you? That won't work.

You have to declare them and they have to be examined.

You could, however, write a letter of explanation as to how you intend to cover the costs.

It may not arise and you may be worrying about nothing.

mikey8954

We could for all intents and purposes live separately with him visiting me in canada for 6 weeks at a time and so be there only as a temporary resident in the same way as if it were a holiday. I know he has to be declared on my application but if he is not accompanying me he wouldn't need a medical at that point would he?

iaink

I dont think it will work, as a spouse he will be expected to be living with you, and as a Canadian resident he's then no longer eligible to receive NHS treatment. (emergency treatment as a visitor not withstanding)

You cant legally have your cake and eat it, although Im sure its possible to get away with pulling the wool over someones eyes for a while at least.

Its only family of canadian citizens that can bypass the medical requirements Im afraid.

Siouxie

.

Yes, he would require a medical even if you could get away with him being non-accompanying.

If he didn't complete the medical you would not be allowed to sponsor him at any time in the future.

http://www.cic.gc.ca/english/resourc...p/op01-eng.pdf section 7:5


With the following exceptions, R23 and R70(1)(e) require foreign nationals and their family
members, whether accompanying or not, to meet the requirements of the Act and Regulations,
including admissibility requirements:

• spouses or common-law partners separated from and not living with applicants (the applicant
must submit written evidence of the separation); and

• children of an applicant or an applicant's spouse or common-law partner who are in the legal
custody or guardianship of a former spouse or common-law partner.

If a family member is not covered by an exemption and is legitimately unavailable for examination
(e.g., the subject of a missing persons report filed with the police before the application for
permanent residence was made), an applicant should sign a statement indicating they understand
they may be permanently separated from the unexamined family member.

Applicants who intend to eventually sponsor a child who is in the custody of a former spouse or
common-law partner should be advised to have the child medically examined. However, officers
should not issue a visa to separated spouses, common-law partners or children in the custody of
the other parent, even if they are examined.

The person who sought to exclude them from examination in the first place cannot later sponsor
family members who are exempted from examination. These unexamined family members are not
members of the family class [R117(9)(d)].

If you tried to say that you were separated then the following would apply:

http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf

5.11. Inadmissibility and non-accompanying family members

All family members, whether accompanying the principal applicant or not, are required to be
examined unless an officer decides otherwise. Normally, an inadmissible family member, whether
accompanying or not, would render the principal applicant inadmissible. There are, however, two
exceptions to this rule described in R23. The first is the separated spouse of the applicant and the
second is where a child of the applicant who is in the legal custody of someone other than the
applicant or an accompanying family member of the applicant, or where someone other than the
applicant or accompanying family member of the applicant is empowered to act on behalf of that
child by virtue of a court order or written agreement or by operation of law.

If an applicant’s separated spouse or their children who are in the custody of someone else are
inadmissible, their inadmissibility would not render the applicant inadmissible. Because separated
spouses can reconcile and custody arrangements for children may change, examination is
required in order to safeguard the future right to sponsor them in the family class. If these family
members are not examined, they cannot be sponsored in the family class in the future under
R117(9)(d) unless R117(10) applies.

Satisfactory documentary proof of a separation and of custody being with someone other than the
applicant is required. A separation agreement or custody papers are examples of acceptable
proof.

Officers will not issue a permanent resident visa to separated spouses, common-law partners or
children in the custody of someone else, even if they are examined. This is because separated
spouses and partners are not members of the family class as per R117(9)(c) and because
children in the custody of someone else are non-accompanying family members.

You should also read 5:11 and 5:12 (too long to post) and the parts about dissolutions of convenience.

5.22. Misrepresentation

A foreign national is inadmissible for two years for withholding or misrepresenting information that
is material to making a decision on an application [A40].
See ENF 2 section 9 for information on dealing with such cases

Good luck!

mikey8954

Looks like we may be onto a non starter:-( any ideas if there are any immigration lawyers who wouldn't charge the earth for a bit of official advice before we abandon all hope?

iaink

Paging Mr Wildy...

Siouxie

As I said, you may be worrying about nothing... look at the figures for the maximum permitted medical expenses (without incurring excessive demand) - I believe it's around $5,140 a year. Does your husbands medication exceed this? Do you have sufficient savings to be able to show that you can afford the excess? Look into finding out if there is help available for the cost of the medication (some drug companies will help with the costs) etc. Contact the Crohns society in Canada and find out what the medication costs would be (average) ... don't give up yet!

http://www.ccfc.ca/English/index.html

http://www.ccfc.ca/English/info/faq.html#q1

Assistance with costs: http://www.drugcoverage.ca/p_benefit_on.asp

Also look into what medical insurance you could get - it may cost a bit but worth it if it helps you get here!

mikey8954

His hospital treatment costs around £85000 a year at the minute though this won't be forever. That's clearly well over the $5000 dollar mark, we could cover his additional non hospital medications but I don't think immigration would consider him at the minute. Sounds like we might have to hold off until he has been in remission for a couple fo years before applying to have any real chance. I will have a look at those links though, maybe they can offer some light at the end of what seems to be a long dark tunnel. Maybe we'll just have to win the lottery. Any chances anyone knows how to arrange that?