Sunday, February 17, 2008

Sponsoring Parents with Medical Issues

There are often challenges in sponsoring parents for permanent residence, as parents are older and in many cases suffer from medical conditions. Any medical condition that might cause "excessive demands" on Canada's health care or social service system will render that person inadmissible.


However, one way to overcome this inadmissibility is to apply under humanitarian and compassionate grounds. Here's a summary of a recent case from the Immigration Appeal Division on a parent who was medically inadmissible, but permitted entry to Canada under compassionate grounds:

The sponsored application for permanent residence of the appellant's parents was refused on the basis that her father, who suffered from osteoarthritis of the knees and left hip, was medically inadmissible. The appellant did not challenge the legal validity of the refusal. Her father had recently had knee surgery which had improved the state of his osteoarthritis, and no hip surgery would be required in the near future. While he walked with a limp as a result of an old injury, he was agile and active. The appellant was emotionally attached to her parents and was willing and able to pay costs. Little weight was given to this willingness, given the existence of universal health coverage. However, the costs associated with osteoarthritis, while excessive, are not inordinate. Taking into account the best interests of children directly affected by the decision, there were sufficient humanitarian and compassionate considerations to warrant granting special relief in light of all the circumstances of the case. Chana, Balwinder Kaur v. M.C.I. (IAD VA6-01197)

6 Comments:

At 6:10 AM , Anonymous Anonymous said...

As a family of four, after our medicals for Canada we were anxious whether we would pass as my 7 yr old son has a heart murmur.His murmur was small and we had to send in a letter from our doctor stating how serious it was.The letter said that my son was healthy and would only require check ups in the future- his murmur did not close,neither did it get bigger.The outcome was positive as he passed the medical.

 
At 7:59 PM , Blogger Historia said...

I too have a heart murmur and I too passed the medical immigration exams although I was required to have extra tests done.

There was an interesting comment written by Guidi Mamman last year regarding medical inadmissability. Two families (from two different countries) applied to emigrate to Canada under the entrepreneur categories. They both wished to start their own businesses, both had the required amount of money and both families had one child with medical illnesses that required special needs. They were initially denied as immigrants by CIC on the basis that the child would be a drain on the health system.

Both families appealed explaining that they would pay any costs for the children and that the children had never spent any lengthy amounts of time in hospital. Both families won their cases, and the judges ruled that they should be admitted. But when CIC finally got around to changing their policies (it took them 2 years to find a way around the new requirements) they stated that families with children with major medical illnesses may only be approved for immigration if the parents were applying in the entrepreneur categories as the parents would have sufficient money to cover the extraordinary costs of the child. Familes with special needs child applying under the skilled worker or family categories will still be denied.

what's New

scroll down to this date -
September 10, 2007

Citizenship and Immigration Canada skirts medical ruling

 
At 2:30 PM , Anonymous Anonymous said...

Hi,
I applied for Canadaian immigration. Presently I am in USA doing my PhD and also doing a job. My application was considered inadmissable as I had renal transplant 5 yrs ago and I am on immunosupressive drugs. Now the Immigrant officer says that if I give in writing that I will not ask for health services and social services fro 5 consecutive yrs they might consider my application and I have to arrange my medical expenses. What should I do next?

 
At 11:11 PM , Anonymous Anonymous said...

I am staying here in Canada for 5 yrs now..I want to sponsor my parents. But I am worried that my mom will fail the medical exam. I want to know what are her chances to pass the test. She is diabetic, and her kidneys failed already as it's one of the complications. She is taking dialysis twice a week. This sounds really bad but I'm really hoping. Please help me.

 
At 6:57 AM , Blogger Lisa said...

We are a family of four with a 7 yr old diabetic daughter.
We are applying under the 'self employed' category and as such don't have to put up as much money as the entrepeneur category. We cannot find out if we would be refused admission as a result of our daughters diabetes under this category. Lisa

 
At 7:21 PM , Blogger <a href="mailto:info@entercanada.ca">Gianpaolo Panusa (Click to Email)</a> said...

It depends on how serious her diabetes is. I've assisted many clients with diabetes to immigrate permanently.

 

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