Medical Inadmissability leads to complicated situation

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Simon
Posts: 1
Joined: Mon Aug 20, 2007 1:05 pm
Location: Calgary

Medical Inadmissability leads to complicated situation

Post by Simon » Mon Aug 20, 2007 1:19 pm

I'm looking for some help please.
We are a family of five, myself, my wife & three teenage daughters, in Canada on a work permit with my job since 2003. We applied for PR, but were rejected earlier this year due to my wife being diagnosed with Colon Cancer while living here in Canada.
Is there a way for myself and my children to apply for PR and then bring my wife in permanently afterwards/later ? Sounds a bit callous, but our kids are nearly of university age, and we will have to pay double fees as international students if we can't get PR.
Any other ideas would be very welcome.....thanks.

Ron Liberman
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Joined: Sat Oct 30, 2004 4:23 pm
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Post by Ron Liberman » Tue Sep 04, 2007 11:43 pm

Simon,

Unfortunately this is precisely what you cannot do. Once a family member is found inadmissible, it makes the whole family inadmissible. The regulations are designed to prevent people from circumventing them - for this reason there is a provision in the regulations that if a spouse is not examined for medical and security issues at the time permanent residence for other family members comes into effect, the spouse cannot be sponsored later. This is a controversial and often a seemingly unfair regulation - but it has withstood every Court challenge so far. Your only hope would seem to be if your wife's colon cancer goes into remission and the medical experts feel the costs of treatment will be low. Even in this case you would probably need someone specializing in medical inadmissibility issues to help you with the immigration process.

US_Canada
Posts: 36
Joined: Thu Feb 01, 2007 11:11 pm

Re: Medical Inadmissability leads to complicated situation

Post by US_Canada » Sat Nov 17, 2007 10:44 pm

[quote="Simon"]I'm looking for some help please.
We are a family of five, myself, my wife & three teenage daughters, in Canada on a work permit with my job since 2003. We applied for PR, but were rejected earlier this year due to my wife being diagnosed with Colon Cancer while living here in Canada.
Is there a way for myself and my children to apply for PR and then bring my wife in permanently afterwards/later ? Sounds a bit callous, but our kids are nearly of university age, and we will have to pay double fees as international students if we can't get PR.
Any other ideas would be very welcome.....thanks.[/quote]

Simon,

Was this diagnosed as part of your immigration related medical checkup? They screen for cancer as part of the medical screening?

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