Medically inadmissible woman granted approval for permanent residence

Immigration Matters   Sukhram Ramkissoon


Medically inadmissible woman granted approval for permanent residence

When Monica (not her real name) arrived in  Canada from the Caribbean in 1997, she was  allowed to remain in the country for six months as a visitor.  She did not seek an extension of her stay  and remained “out of status” for more than 20 years.

Monica had been suffering with a medical condition prior to arriving to Canada and continues to seek professional help for her health problems up to the present time.  Her relatives who are all well established have been paying all of her medical bills.

She first lived in Canada with her mother but since her mother died in 2015, her siblings who are all legal residents, have been taking care of her.

In  July 2017,  her relatives contacted my office and through my daughter, Cindy Ramkissoon-Shears, an application for permanent residence for Monica, based on humanitarian and compassionate (H  and C) factors. was filed.The following month an application for a Temporary Resident Permit was made, to “overcome” Monica’s medical inadmissibility.

In our  H&C application, we submitted all the necessary documents and noted the hardships which Monica would experience if she were required to leave the country and apply in the regular manner.

We  pointed out that  she has several family members in Canada who were already here when she arrived or came to Canada thereafter and have since became permanent residents or Canadian citizens. We also  noted that her parents are deceased and she has one brother in her native country, who is unable to care for her.

Monica is single. She has no dependents and no  criminal record and has been unemployed since her arrival in Canada. All of  her family members provided their financial and employment information along with letters, stating their willingness to provide support for  her.

One of her sisters and a brother-in-law also submitted a Sponsorship Undertaking of Assistance and it was established that this family had a sufficient income which more than met the low income cut off which was $52,000,00 at the time.

Monica who has been diagnosed with a mental disability, is extremely dependent on her siblings and is unable to maintain an independent lifestyle or support herself because of her medical condition.

We also pointed out that because of lack of available support in her  native country, she would be displaced if she were required to leave Canada,  noting that she has lived with her Canadian relatives for more than 20 years.

In September 2018, Monica was required to undergo a medical examination as part of the review for a Temporary Resident Permit and was  asked to provide updated information with respect to the offer of medical support from a health care practitioner in Canada.

In the medical report, it was stated by the attending physician  who has been treating Monica since 1998, that she has a history of mental disorders and requires constant supervision.

At the end of November 2018, a Temporary Resident Permit was issued to Monica during which time, an officer assessed her humanitarian and compassionate application.

Recently, our office received a letter informing Monica that “on June 24th, 2019, a representative of the Minister of Immigration, Refugees and Citizenship approved her request for an exemption from these requirements for the purposes of processing this application.”

Monica was also told that if she desires, she can work or study in Canada and that she will be hearing from IRCC in the near future with respect to the “finalization” of her permanent residence in Canada.

Good luck, Monica, and best wishes.

SUKHRAM RAMKISSOON is a member of ICCRC and specialises in Immigration Matters at No. 3089 Bathurst Street. Suite 219A, Toronto, Ontario.  Phone 416 789 5756.