I Got HIV from My Canadian Husband

Dear Miss Powell,

I met a Canadian man about three years ago. We fell in love and got married last year November. I have been faithful to him all these years. After we got married, he told me that he has HIV. He has shown no signs or symptoms and neither have I. However, after he told me that he has HIV, I got tested and realise I, too, have HIV. He is now putting together papers to sponsor me and I'm worried that I will be denied the opportunity to join him in Canada as he says a medical will be necessary. I love my husband and I forgive him for not telling me about this. I just want us to be able to live together. Is it possible for persons who are HIV positive to get a visa to Canada? Will this affect the sponsorship application? If it's possible, what steps would I need to take. I am a professional and I have been in excellent health since I was diagnosed.

- Anonymous

Dear Anonymous,

I am sorry to hear that both you and your husband have contracted HIV. However, I do not want either of you to be discouraged as life goes on and there are many persons who have the virus and are able to live successful and happy lives. In fact, Canada has excellent medical and support workers who are trained to help Canadians and their spouses to deal with this issue.

Medical Inadmissibility Rules

The Immigration and Refugee Protection Act (the Act) does not specifically mention HIV or AIDS. However generally speaking, an applicant may be refused both temporary and permanent visa and deemed 'medically inadmissible' if their condition is:

1. Is likely to be a danger to public health and safety or

2. Might reasonably be expected to cause 'excessive demand on health and social services'.

It is very rare for Citizenship and Immigration Canada (CIC) to ask an individual who is applying for a temporary resident visa to do a medical examination as part of the application process.

However, for sponsorship application, study permits, work permits, supervisas and applications under express entry, this is required.

In fact, CIC policy is that "all permanent resident applicants, who are 15 years of age and over, as well as children who have received blood or blood products, who have a known HIV-positive mother, or who are potential adoptees, are required to undergo an HIV test as part of the medical examination."

Exemption For Spousal Sponsorships

Applicants for permanent residence will be required to disclose whether he or she, or any family members listed in the application for permanent residence, "have ever had any serious disease or physical or mental disorder." Arguably, this includes HIV infection. Furthermore, all persons applying for permanent residence in Canada are required to undergo an immigration medical examination (IME), which includes doing an HIV test. A positive result could deem you medically inadmissible.

However, citizens or permanent residents of Canada may sponsor their spouse, including same-sex spouses, common-law partner, conjugal partner, dependent child.

This means that your husband will be able to sponsor you to go to Canada, under the Family Class. Your HIV status will not be a barrier to entering Canada. You are exempt from the excessive demands provisions of the Immigration and Refugee Protection Act. You should both consider living in an area where you will have adequate access to medical and treatment and counselling and support services to assist you both to live happy and productive lives.

If you need advice or assistance with respect to Canada's immigration policies, you should consider a private consultation with a Canadian immigration lawyer. Best of luck to you and your husband.

Published in the Jamaica Gleaner:

http://jamaicagleaner.com/article/news/20150317/immigration-corner-i-got-hiv-my-canadian-husband

Deidre S. Powell is a lawyer, mediator, and notary public, who is a member of the Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario. Her areas of practice are in immigration, real estate, commercial, personal injury, family and administration of estates. She is on the roster of Mediators for Ottawa, Toronto, and the Dispute Resolution Foundation of Jamaica. Email: info@deidrepowell.com subjectline: immigration, Call 613.695.8777/ 876.922.8899 Facebook: jamaicanlawyer.

Immigration Corner | Do I need a police report?

Immigration Corner | Do I need a police report? : Dear Ms Powell, I want to apply to live in Canada and I was told that I will need to have police records from all the countries that I've visited. I attended school in the USA and only spent three summer vacations with my aunt in Canada and returned to the USA each time. I also went on a youth programme in the UK. I visited again a few times since. Do I need a police report from all these countries? How would I go about getting the reports? Do I need to have these reports before I apply? - S.E. Dear S.E., Immigration, Refugee and Citizenship Canada (IRCC) may require police records from individuals who are applying for permanent residence, study permit, work permit and some temporary resident visas if the individual is over 18 years old. IRCC usually requires police certificates or clearance certificates from any country or territory where you have spent six months or more since the age of 18. This is to ensure that y...

Immigration Corner | Son graduated from college and wants to stay in Canada

Dear Miss Powell, My son studied in Canada and then received a graduate work permit. That permit is about to expire, and he is worried that his work permit may now be renewed because of the changes. I am wondering what his options are to remain in Canada now. Please advise us as we are hoping that he could eventually get to live permanently. Your kind response would be appreciated. J.T. Dear J.T. I have received several questions from international students wondering about their options to remain in Canada, since Immigration Refugee and Citizenship Canada (IRCC) has made several changes to the immigration policies. Your son and others should not panic as there are currently several options to remain in Canada and we remain hopeful that there will be new policy updates to assist graduates to become permanent residents. I will outline below the temporary and permanent options that are available. Remain as a worker Your son may also apply to remain in Canad...

Immigration Corner | Can my granddaughter sponsor me?

Dear Miss Powell, My granddaughter lives in Canada. Can she file for me? My daughter died recently and I don't have any other relatives here in Jamaica. I'm retired and she is 28, married, with one child. I think I could be helpful to her, plus it would be a joy to just be close to my granddaughter and her family. SW Dear SW, If your granddaughter is a permanent resident or a citizen of Canada, she can sponsor you to become a permanent resident of Canada under the family class category of parent and grandparent sponsorship. Immigration, Refugee and Citizenship Canada (IRCC) has limited the number of applications that it will accept on an annual basis to 10,000. The quota is currently full; however, the programme will be reopened on January 3, 2017. Therefore, now is the time to prepare your documents so that you can submit them promptly when they begin accepting applications. Your granddaughter must prove that she is financially able to sponsor you. This means th...

CANADA IMMIGRATION NEWS AND TIPS

Search This Blog