Medical Inadmissibility

Just like a criminal record, medical issues can also cause a person to be inadmissible to Canada. If a person fails a Canadian immigration medical exam, they might not be allowed into Canada. Certain medical conditions that could be considered a risk to the public health or safety of Canada can make you ineligible for immigration. These medical issues include untreated syphilis, pulmonary tuberculosis, untreated mental health issues that may cause a person to act violently, and substance abuse that may become dangerous to Canadians. These regulations apply to all people attempting to enter Canada and does not change due to different financial resources.

Every individual applying for a Permanent Residence and some applicants for Temporary Status in Canada (Visitor visa, Study Permit, Work permit) are required to undergo a medical examination by an approved Panel Physician.

The medical exams are generally confined to a standard physical exam, including blood tests, urine tests, and x-rays, prior medical records and the individual’s mental state are also examined.

Individuals may have their application denied on medical grounds and found Medically Inadmissible in these circumstances:

  • Granting Permanent Residence status might cause excessive demand on existing social or health services provided by the government.*
  • Their condition would endanger the health or safety of the Canadian population at large due to a contagious disease.

*Note: The excessive demand component is waived under the Family Sponsorship category of Canada immigration for the Spouse, Common-law partner, Conjugal partner and Dependent children of the sponsor. The sponsored person(s) still may be refused if their condition is considered to be a danger to Canadian public health or safety.

What Is Excessive Demand Under Medical Inadmissibility?

  • In the health and social services, the majority of the funds are provided by the government. There are certain excessive demands under the Immigration and Refugee Protection Regulations (IRPR) states:

    • Any demand on health and social services whose anticipated future costs are likely to be higher than the average Canadian health and social services per capita over a period of five consecutive years; or
    • Any demand on health and social services which can increase the existing waiting lists and enhance the rate of mortality in Canada due to inability in providing timely medical services to Canadian permanent residents and citizens.

    On April 16, 2018, the Canadian government announced the following important changes.

    • The cost threshold for the cases under medical inadmissibility was raised by 300% which is a bold move towards showing leniency for immigration applicants. Previously the per capita cost threshold within Canada was CA$6655 a year. For immigration applicants who need prescription drug treatment of up to CA$20,000 will be allowed and anyone above this threshold is liable to be refused.
    • Many services were removed from the ambit of social services such as personal support services, special education, social and vocational rehabilitation services. This implies that parents who have children with conditions needing specific and specialized education programs will not be refused on these grounds.

What Are The Legal Implications Of Medical Inadmissibility?

  • When a foreign national makes an immigration application to enter Canada legally, detailed medical examinations are mandatorily conducted as requested by IRCC. This includes applicants who want to enter Canada temporarily as foreign workers or for permanent residency.

    If the results of the medical examination reveal that the primary applicant or their dependents who are accompanying them to Canada need health or social services which can reasonably cause excessive demand, IRCC sends a letter noting its concerns. This letter is known as the Procedural Fairness letter.

    The primary applicant and their dependents then reply to the IRCC to address the concerns raised by IRCC in its letter.

    Are there any exemptions to the excessive demand rule of medical inadmissibility?

    There are specific classes of immigration applicants who do not have the excess demand provisions applicable for them. These include dependent children, spouses, common-law partners who are sponsored by a Canadian permanent resident or citizen. Applicants applying under humanitarian and refugee programs are also exempted.

Overcome Medical Inadmissibility

If you received a Procedural Fairness Letter from IRCC regarding potential Medical Inadmissibility, it is strongly recommended to retain professional help to draft an appropriate response.  Many individuals do not appreciate the severity of the situation and comply with the request letter and submit additional documents on their own.  Often, this is not sufficient and the application is refused.  There will not be another opportunity to reply after a refusal.

Don’t wait until your application is refused. Instead, be proactive. If you or your dependent family member has a medical condition, contact us to discuss. Timing is critical as steps can be taken before a decision is made on your application to alter the outcome.

Unrepresented individuals are not aware of the legal significance of a medical inadmissibility finding and how this can be prevented. Many medical and psychological conditions, including developmental delays, can lead to an immigration visa refusal. It is critical to respond with a medical immigration plan that is well researched, supported and presented in a convincing and substantive manner for the best immigration results.  We can help prepare and draft a plan.

Below is a list of conditions where medical inadmissibility can be overcome which include, but are not limited to:

• Chronic Kidney Disease
• Crohn’s Disease
• Cardiac Disease
• Diabetes
• Cancers
• Autoimmune Disease, i.e.: HIV, Lupus
• Learning Disabilities to Pervasive Development Disorder requiring special education
• Autism
• Cerebral Palsy
• Down Syndrome
• Psychiatric Disorders
• Hepatitis B and C and Liver Disease
• Blood Disorders
• Tuberculosis
• Brain Disorders
• Rare Diseases and Conditions
• Total Knee Replacement

Options to Enter Canada

A person who is found to be inadmissible because of medical issues has options to be able to come to Canada. A Temporary Resident Permit may allow a person to come to Canada if they have a need to be in the country that outweighs the risk of their presence in Canada. If there are valid humanitarian and compassionate reasons for a person to be allowed into Canada, they can overcome medical inadmissibility.

Need Help?

If you want to learn more about Globalduniya Immigration, whether it be booking a consultation, learning more  about your services or getting a free quotation, contact us at Globalduniya Immigration.