Canada will let HIV-positive foreigners enter the country, but when it comes to longer-term immigration and citizenship, there’s usually a blanket “no,” because carriers of HIV would supposedly impose an unreasonable burden on the country’s healthcare system, which, in a novel approach to treating humankind, is available to all. But an American couple trying to secure citizenship there just won their immigration appeal — but only because they’ve promised to take care of their own drug cocktail bills.
Ricardo Companioni and his partner are both HIV positive, and their annual prescription bill to stay healthy runs $33,500. (In 2009, Canada’s government spent about $5,452 per person on healthcare costs.) And thanks to a handsome nest egg and an employer that’s willing to pick up the tab, it looks like they can shack up in Canada (if the ruling isn’t appealed).
The couple promised to cover their own costs if they could not obtain employer health insurance and showed that they had half a million dollars in assets, but were still rejected based on excessive demand.
“I was really shocked that they rejected the application, especially at that stage of the game,” says Companioni. “Why didn’t they reject the application sooner, before they made us do all this other stuff, get notarized letters, on and on?”
On the advice of a Toronto lawyer, Michael Battista, Companioni and Grover decided to appeal. Thanks to Justice Harrington’s decision, their case will be sent back to another officer for consideration. But the decision has broader implications, because it extends a 2005 Supreme Court decision on excessive demand.
In Hilewitz v Canada, a family was refused permanent residence on the grounds that their disabled son would impose an excessive demand on social services. The family had promised to place their son in private care. Ruling in favour of the family, the court held that CIC had to take into account each applicant’s individual circumstances before refusing them based on excessive demand. Justice Harrington’s new decision extends the Hilewitz reasoning from social services to prescription drug costs.
dontblamemeivotedforhillary
They are hardly much cheaper in Canada – Mexico looks better!
brian
This is not true , I work in a Pharmacy and we currently have a husband and wife that emmigrated from Africa and the medication they are on Kivexa and Sustiva are both covered by the Ontario government. They each pay $2.00 per perscription ( these scripts alone would run close to $2000.00 / per month !!! ) I guess it is quite beneficial to come here not work and let the government take care of your expensive medications , if they pay for immigrants that don’t work I feel they should help those who do work pay for the drugs as well. Lots of misinformation !!!
Jack
What does this mean for HIV positive skilled workers? Can we now assume that Canada is open when applying for Work Permits/Permanent residency if you are paying for your own meds? Does anyone know of more such success stories? I know of highly skilled medical professionals who have HIV and would love to work in Canada