I’ve been fortunate to speak with others about this issue at length, including people who have been successful – although against long and difficult odds.
One person with whom I spoke recently had an amazing story that provided me with quite a bit of insight. For the purposes of this discussion I will call him Alexander. He is an American citizen but his partner is from the EU. US immigration policy does not recognize same-sex couples, so the partner in such a case must seek to either win the immigration lottery or seek economic immigration (tied to having valuable skills.) For whatever reason, Alexander’s partner did not qualify for economic immigration. They survived for quite some time by having his partner just leave the US periodically (e.g., by the expiration of the usual 90 day visitor visa granted to people from the EU.)
Of course, that eventually didn’t work ask well, as the US immigration folks eventually do realize that the visits are rather frequent. So they had to find an acceptable alternative and settled on Canada.
At any rate, Alexander had a highly valuable set of professional skills and had his company transfer him to their BC office (via the NAFTA intra-company transferee category.) This allowed his partner to come along with him and they started the permanent residency application process.
Much like me, he found out his medical issue after his immigration physical. Of course, being in BC on a legal long-term work permit, he qualified for BC’s medical service plan, and thus was eligible (prior to PR) to take advantage of the medical services available in BC. His company also had private insurance and crafted a plan that would ensure the province did not need to pay for his medical costs.
After submitting his proposal, it was rejected by CIC due to the excessive cost rationale. At that point his local attorney seemed a bit out of his zone of comfort, so he worked with another attorney in Toronto (another medical inadmissibility expert) whom I’ve heard others recommend in the past. They put together an application for judicial review, which was rejected. Thus, there was no court review of the decision.
At that point he started working on a Temporary Resident Permit (TRP) with the Toronto lawyer. It was around that point that his attorney said that the filing was strong enough on its own that it would be worth filing again with the additional information. This time they filed under the provincial nominee program, documented that his skills were in high demand (letters from his employer, for example), ensured that the company’s insurance coverage would apply, started taking the drugs and demonstrating that the insurance was paying for it, obtained a letter from the head of the BC clinic stating that the government was not paying for his meds and with all of this in hand was able to convince the immigration doctor (“DMP”) that while he had a medical condition, it would not be a financial burden on the province.
This time, his application was successful.
The total process required five years and cost around $50,000.
I found the conversation very insightful and oddly comforting – others have done this and been successful at it.