Photo: Jillian Dhaliwal

Kris and Jocelyn Reyes

A Penticton immigrant has been waiting for a kidney transplant for five years because the federal government is refusing to grant him permanent residency on medical grounds.

Kris Reyes, 34, was brought to Penticton from the Philippines eight years ago as a temporary foreign worker by Burger King. His wife, Jocelyn, soon followed, leaving behind their children with grandparents while the couple worked in fast food to attain permanent residency and bring them to Canada.

The plan hit a roadblock five years ago when Reyes was diagnosed with kidney failure. In need of a transplant, he has endured 15 surgeries and 12 hours of dialysis a week.

Reyes has risen to the top of the donor list, but is not able to receive the transplant as a temporary foreign worker. At the same time, the government is refusing to grant him permanent residency because of the high healthcare costs associated with dialysis.

His current employer, Jillian Dhaliwal of Penticton Tim Hortons, calls the whole situation “incredibly sad.”

“Him and his wife are the nicest sweetest people I’ve ever met,” she said, adding Reyes and his wife have continued to work 40 hours a week throughout the ordeal.

Talking to Castanet News on the phone while receiving dialysis on Friday, Reyes said he came to Canada because of a lack of employment opportunity in the Philippines.

He first applied for permanent residency nine months after arriving, but was denied because he was not making enough money at the time.

His wife was also pregnant when he left, and he hasn’t had the chance to meet his son. The cost of dialysis in the Philippines can be tens of thousands of dollars a month.

“It’s been super stressful,” he said.

Nicole MacMillan says their Tim Hortons has sponsored “hundreds” of temporary workers over the years that have obtained permanent residency and started on the path to citizenship.

MacMillan said they will be helping Reyes apply to stay in the country on humanitarian and compassionate grounds, arguing that if sent back to the Philippines, the lack of healthcare will kill him.

Humanitarian and compassionate acceptance applies to people with “exceptional cases,” according to the Government of Canada’s website. Cases are determined on an individual basis, looking at factors including children involved and what could happen if the request is denied.

Reyes’ worker permit runs until 2019. Even if the permit is extended, he faces never-ending dialysis and eventual death without a kidney transplant.

Dhaliwal says Reyes has obtained an immigration lawyer to help him obtain permanent residency, but legal bills could bury the couple.

“These are huge expenses that Kris and Jocelyn cannot afford,” Dhaliwal wrote in a crowdfunding campaign she launched for the family this week.

“This is literally a life or death situation for him,” she added “He has been a law abiding, tax paying citizen of our community for over eight years.”

The GoFundMe campaign in support of Reyes can be found here.