HoneyClare

Medical rejection/ refusal

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HoneyClare

I am looking for any applicants who have had medical issues with their application. Specifically: 

"has a condition that might reasonably be expected to cause excessive demand on health and social services  to such an extent that the application is inadmissible under section 38 (1) (c) " 

Desperate for assistance or guidance

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OutOfSa

Unfortunately you give no details, so helping is almost impossible to understand what you are asking.  I totally understand not wanting to put personal info on the web, and you shouldn't.  

They are trying to determine if you are going to cost the country more than:  Document: "Canadian per capita health and social services cost is $7,068" - so more than $7 068 / year.

There seems to be an appeal process that might allow up to 3x that - though it's not quite clear to me how it works.

Exclusions  (as far as I know) seem to come from dread-disease such as Cancer - Anything that will start costing as soon as you arrive.  

If it's a psychological issue, then a shrink letter saying that you're a good solid person and able to work is important.  

 

Here's the Canada gov explanations: (If you don't know about it.)

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/medical-requirements/refusals-inadmissibility/excessive-demand-on-health-social-services.html

 

 

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FamilyGuy

Did a quick Google search and also found the below:

https://www.bellissimolawgroup.com/inadmissibility/medical-inadmissibility/

So it appears there are companies out there that can assist you in putting forward a proposal for how you might manage the medical condition in question. Perhaps research and find out if you can simply do this yourself, otherwise find the best company offering the service to assist you.

Wondering myself now if you could also possibly just throw money at the problem by paying upfront for private medical aid for the 5 year period they are concerned about. Totally hypothetical of course.

We are still waiting in the EE pool so not at this stage of the process yet but my wife does have thyroid and cholesterol issues ( these can be cheaply managed with meds) but in any case would be good to know how to navigate this situation for reference.

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HoneyClare

Hi 

WOW, thanks for the help! Was really seeing if there was anyone in a similar position, didn't expect such helpful responses. I am happy to share my story albeit makes me angry! 

I have a son of 15 years old that has been diagnosed with Asperger's, Dyslexia, anxiety and ADHD. This may sound hectic, but actually he is very mild, and has managed to stay in his appropriate grade and most people would not know on meeting him.  So basically they have taken these labels made a decision that his issues will costs the state money and rejected his medical. If the label alone has been used to make the decision then they should state on their website that they will not accept a particular diagnosis. They have not requested further assessments or any interviews to ascertain his severity on a spectrum disorder. (Excuse the rant)

My other son has ADHD and anxiety and was not flagged. I think it is the Asperger. 

 

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LouiseV36

@HoneyClare - I am so sorry to see that his medicals were rejected.

Did you find out from the notes?

Any idea on what to do next.

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FamilyGuy

@HoneyClare no problem... from the sounds of it you should be able to appeal and put forward a medical and immigration plan.

As I said in my post above good idea to find out if you can just do this yourself, or depending if you want a company offering the service to assist I'm sure a bit of googling will point you in the right direction.

 

Small extract from the website I shared previously which describes the basis for appeal from what I understand.

Quote

How can Bellissimo Law Group PC help?

Many medical and psychological conditions, including developmental delays, can lead to refusal of an immigration visa or application for permanent residence. It is critical to respond to an officer’s concerns with a medical and legal immigration plan that is well researched, supported and presented in a convincing and substantive manner for the best immigration results.

We work on these plans for medical immigration cases daily with Immigration, Refugees and Citizenship Canada (IRCC), the Immigration Appeal Division and the Federal Courts. 

Good luck and hope you get past this hurdle 💪

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Jules

They rejected on the basis of Aspergers? I am surprised because that condition is high functioning autism - the bulk of people with that diagnosis live an independent and regular life and do no require extensive support. Many are successful in multiple careers. I know there are lots of challenges in Canada around funding for autism at schools (as a stand-alone condition) but Asperger’s is actually very different to Autism. Yes it’s on the spectrum but in many ways it’s a different condition. 

SMH  

 

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HoneyClare

@FamilyGuy I have already contacted the law firm, super excited that there is an avenue to try. 

@LouiseV36 Yeah I went through the notes that I finally arrived, that I requested in February 

Thank you to you all for the support, I will let you know how it goes

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HoneyClare

@FamilyGuy I am so grateful for your suggestion above, not sure I would have found it!

 

I have a consult on Friday and will let you know 

 

Thanks again 


Tracy 

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FamilyGuy
22 minutes ago, HoneyClare said:

@FamilyGuy I am so grateful for your suggestion above, not sure I would have found it!

 

I have a consult on Friday and will let you know 

 

Thanks again 


Tracy 

Pleasure and best of luck!

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HoneyClare

Morning everyone, 

so we spoke to the Lawyer last night from Bellisemo. At this stage it looks like we are early in the process and that it may still be okay, for now we have to wait and see what they do with the information, so its still in a process of assessment. It could still result in a refusal in which case we would have an opportunity to submit a mitigation plan and "fight" it. 

The lawyers were really great and would recommend them !  

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