January 4, 2010

Medical Inadmissibility

Q I am from the Philippines and have applied 5 years ago for Permanent Resident status. Last year, I received a letter for a medical exam which we complied to. After one year, the Canadian Embassy replied back advising us that based on the medical findings, my husband, who is a post kidney transplant patient, may cause excessive demand on health services therefore denying our application
I am the Principal applicant and my husband with our 10-year old daughter has been looking forward to migrating to Canada soon. I have a chance to reply to the letter within 60 days. What should I state in my letter?

A. This is a very complex question that requires extensive analysis and a very well documented response from your side. Your response is but one part of what is required. Typically, you will have to present specialists’ reports (nephrologists) from both countries: the Philippines and Canada, each one analyzing your husband’s medical condition and assessing the cost in Canada for his medication, health care and social care over a period of five to ten years. Also, you will have to look at an individualized plan of care and your ability and intent to absorb costs, help manage the condition; individual circumstances etc. will also be considered. I would suggest that you seek counsel for this submission as it is very important to your future and requires very sophisticated and specialized legal preparation. Good luck!