Countdown: Six Weeks to Go


Today marks six weeks to go before the hearing date.  While I’m sure the time will fly by (after all, that means we’re over 50% of the way since leave was granted) living it up close and personal is always an interesting experience.  Nothing like waiting months and years for something that is so fundamental to life.

Indeed, I often find myself reflecting upon the whole process, wondering if I would have been far wiser to have never pursued immigration in the first place.  A look over at my spouse (being domestic right now, putting away laundry) assures me that the net outcome really is a good one, but absent that I seriously doubt I’d reach the same conclusion.  Of course, underlying the court battle is my strong desire to prevail “on my own” – to basically not burden my spouse with this ongoing obligation to be responsible for me.  While I don’t expect anything to happen, we never do plan for these sorts of things, do we?

The past week has been a good one overall, though.  I pointed out the observation in my previous post that the PHSP would have overcome the medical officer’s objection to my attorney who thought that was an important point that he would incorporate into his memorandum (the memorandum is due on 18 September).   I’ve also had the opportunity to interact with some other people who have been through the same process as me.  One of them had a hearing yesterday (judgment reserved – but it was only 30 minutes, suggesting there really wasn’t much argument.  Whether that is good or bad remains to be seen).  The other won his case back in 2009 but was ultimately unable to successfully immigrate to Canada (from what I was told, this is because they couldn’t prove something that could only be determined once they had come to Canada.)

I took the past two days off as well.  My spouse and I enjoyed a pair of wonderful days – late summer days, enjoying some time together – a rarity these days.  It has given me a time to reflect and consider the nuances of this process.  One thing I find myself wondering is if much of this “process” is really a mechanism by which Canadian Immigration can enshrine biases and discriminatory practices.  Certainly both cases I learned about have suggested that this might be the case, but of course two cases do not prove a pattern, either.

Ironically, what helped me crystallize this thinking was a news article I read on The Huffington Post.  It was the story of a child with Down’s Syndrome who was denied boarding on an American Airlines flight.  The airline claimed the pilot was concerned about security.  It made me realize that discrimination is so damned hard to prove precisely because it can be disguised in the clothing of “rational process”.  Thus, they agree to allow someone into Canada but only if they can do something prior to granting permission that can only be done after they’ve been admitted to Canada.  “So sorry, you are still not admissible to Canada.”

This passes an initial inspection as “due process” but fails to withstand scrutiny.  What is particularly ironic is that immigration is about encouraging diversity – but only within a very limited range.  There’s nothing wrong with having such a system, but it would seem to be disingenuous to dress it up in the guise of an equitable system.

There is a certain inherent hypocrisy in the system.  While I had hoped that my case might serve to shine a bright light into the dismal innards of the system, the reality seems to be that this isn’t likely.  The system is self-protecting.  In my case, they will point to the fact that I can always enter the system through a different mechanism and thus avoid the possibility of examining the inherent bias in the system itself.  While I can say that this is a shame for the process overall, I have selfish motivations here – I want the process to end.

Six weeks from today I’ll be allowed to watch them argue my fate.  Some time after that I’ll learn the final outcome of my case.

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BC Health Care revisited


 

BC Care CardBack in April I mentioned a Huffington Post article about a woman here in BC who had to give birth in a hotel here rather than in hospital because she was not yet eligible for provincial health services.

Since that time I have learned that in fact this really wasn’t the case and that in fact BC really is quite generous when it comes to granting medical care to those with PR applications in process.  Since I found this to be useful information, I’m going to capture it here as well in hopes that it will be useful to others in the future.

Bottom line: the spouse of a BC resident living with that resident in BC is normally eligible for coverage as well according to documents on the BC MSP website:

Most immigration documents, when submitted with the required MSP form, provide sufficient information for MSP to determine whether a person qualifies for benefits. There are circumstances, however,  where additional documentation is required. If, for example, a spouse/child has visitor status in Canada and his/her papers do not state “Case Type 17” or provide any other indication that permanent resident status has been applied for, the MSP form should be submitted with copies of as many of the following as possible:

  • a photocopy of any immigration document he/she may hold
  • any relevant letters issued by Citizenship and Immigration Canada (CIC)
  • proof that the application fee for permanent resident status has been paid to CIC online or through a financial institution
  • the identity page of the spouse/child’s passport and any other pages stamped by CIC or the Canada Border Services Agency
  • a copy of the spouse/child’s birth certificate if he/she is a United States citizen.
  • pages one and two from the CIC e-Client Applications Status website (www.cic.gc.ca) showingthe receipt date of the application. (On that website, click on Check Application Status.)

The above helps confirm that CIC considers the person to be an applicant for permanent resident status, and helps MSP determine when, if appropriate, coverage should begin.

Thus, it would seem that had that woman submitted evidence they had submitted the application (payment receipt, evidence that it was received in Vegreville, AB) she likely would have been eligible.  Instead, the original point of the article was that she wouldn’t qualify until such time as she was granted AIP (initial approval).

I’d been looking at this recently in any case, because of the opt-out provision of the BC provincial plan (as far as I can tell, only BC and Alberta have such a provision, although hopefully if there are other options for other provinces someone will tell me and I can update this information).  For me that was important because it demonstrated one possible way out of the excessive demand argument and indeed, had there been [b]any hint[/b] from the visa officer that no amount of insurance would overcome the BC policy, I would have offered to opt-out.  All I received was a generic form letter – and the only text in the medical officer’s opinion that deviated from the standard language that provides no insight into the rationale of the officer was “This applicant’s medical condition is likely to require treatment that is expensive and publicly funded in B.C.  Although he has private insurance, antiretroviral medications are covered 100% by the provincial drug plan in the province of British Columbia with no payment from private insurance.”

Previously, this same medical officer (in a different case, with the same medical condition): “Admissibility is dependent on the visa officer determining if the clients will have access to private or employer based insurance”.

Thus my point – I’ve investigated insurance alternatives.  It’s not easy to [b]get[/b] insurance with a pre-existing condition but it isn’t impossible – there are actually brokers who deal with that sort of thing (albeit with restrictions).

Of course, now that’s a moot point – CIC didn’t communicate clearly, so there was no effective way for me to respond back to them.

 

 

 

Minister Kenney and Huffington Post


Minister Kenney (Citizenship and Immigration Canada) apparently agreed to answer immigration questions on the Huffington Post website.  Sadly, I did not see the offer to answer questions soon enough so while I posted a question (a pair of questions) it was past the time that it would receive a review.  Nevertheless, I found the comments illuminating.  It is certainly clear that a fair number of those posting about their experiences with CIC came from non-native speakers of English, yet the anguish in their entreaties was heart-felt.

Many of the posts were from people experiencing the increasing wait times for sponsored spousal applications.  For example, in the past five weeks (since we submitted our application, in fact) the waiting time has increased linearly – ergo, there has been no reported progress on the CIC website.  I’m not convinced the CIC website is really reflective of the actual processing time, but it is the best source of information made available to us (I will post a bit more about our application soon, but for the moment let’s stick to the matter at hand).

I also found the statement from someone that “we should just shut down all immigration until the job situation improves” to be symptomatic of the feelings of some Canadians – that immigrants are “taking our jobs away”.  As I pointed out, in my situation I brought my own revenue stream, my own customers and have been able to hire existing Canadians to assist in my business.  I’d like to hire more, but to be honest I cannot legitimately make the case for doing so in the face of the very real possibility that I might not be allowed back into the country at the whim of a CBSA agent.  That would be a true nightmare situation – to have to default on my obligations to others simply because of my own bizarre situation.

So I will continue to muddle along.  And I hope that I have added a unique perspective to the discussion.