21
May

Inadmissibility – Medical Inadmissibility 

Each visa applicant who is applying for a Permanent Residence or Temporary Status in Canada such as a visitor visa, study permit, or work permit, is required to undergo a medical examination. The medical examination usually includes physical examination such as eye, nose, heart, lungs, and other organ check-ups, blood tests for HIV and syphilis, urine tests, x-rays, and the individual’s mental state.

According to statistics from Immigration Canada, about 1,000 people are denied entry to Canada or various visa applications are refused due to medical reasons every year. However, not everyone with a medical condition will automatically be denied entry to Canada.

Causes of medical inadmissibility

According to Immigration and Refugee Protection Act (the “IRPA”), there are 3 possible reasons for medical inadmissibility. Individual who is likely to be a danger to public health or public safety, or who might reasonably be expected to cause excessive demand on health or social services, can be medically inadmissible.

Health grounds

38 (1) A foreign national is inadmissible on health grounds if their health condition

(a) is likely to be a danger to public health;

(b) is likely to be a danger to public safety; or

(c) might reasonably be expected to cause excessive demand on health or social services.

Exception

(2) Paragraph (1)(c) does not apply in the case of a foreign national who

(a) has been determined to be a member of the family class and to be the spouse, common-law
partner or child of a sponsor within the meaning of the regulations;

(b) has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;

(c) is a protected person; or

(d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).

Danger to Public Health

A visa application may be refused if the applicant’s health condition will endanger Canada’s public health. This decision is based on the results of each applicant’s medical examination including laboratory tests by the designated physicians and specialist reports requested by medical officers of IRCC.

If you are found to have an untreated sexually transmitted disease, tuberculosis and other transmittable diseases, you may be deemed medically inadmissible.

Danger to Public Safety

A visa application may be refused if IRCC believes that the applicant’s health condition will endanger Canada’s public safety. Examples of conditions that apply to this category are such as sudden incapacity and unpredictable or violent behaviour including impulsive sociopathic behaviour disorder and pedophilia.

Excessive Demand

The immigration application may be refused if IRCC is of the opinion that the visa applicant’s health condition might cause excessive demand on health or social service in Canada.

The applicant’s condition is considered to cause an excessive demand if:

• the health or social services needed to treat the applicant’s health condition would negatively affect wait times for services in Canada, or
• the services needed to treat and manage the applicant’s health condition would likely cost more than the excessive demand cost threshold

The Government of Canada announced changes to the excessive demand policy in June 2018, and under the new policy, the cost threshold amount for 2022 is $120,285.00 over 5 years (or $24,057.00 per year). It will be updated every year, based on the latest Canadian average.

Please be advised that the following medical conditions can be generally overcome the issue of medical inadmissibility:

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

How to overcome medical inadmissibility

If you received a procedural fairness letter relating to the potential medical inadmissibility, we strongly recommend you contact our law firm as soon as possible so that we can prepare and submit a lawyer’s opinion letter as well as supporting documents to the IRCC.

It should be noted that it is critical to respond to an officer of the IRCC with a substantive and reasonable opinion letter, explaining how you will pay for the services you require, and evidence of your financial situation while living in Canada promptly. Having been found of being inadmissible due to excessive demand might be overturned if you can prove that you have the financial ability to fund the medical procedures you require, relieving the financial burden on the Canadian healthcare system.

We assist our clients’ medical inadmissibility cases involving the IRCC, Immigration Appeal Division, as well as Federal Court.

Contact us to learn how we can help you to solve the problem relating to medical inadmissibility.