It’s more likely that we hear “inadmissibility” in Canadian immigration contexts when we think of criminality rather than medical inadmissibility. However, the latest data indicate that over 1,400 applications for immigration are turned down each year due to medical inadmissibility. A medical examination is required for all Canadian immigration visa applicants, including those who are seeking temporary status, making medical inadmissibility an important topic. Learn more about medical inadmissibility in Canada.
Medical inadmissibility to Canada – What makes them inadmissibility?
The first step in determining medical inadmissibility to Canada is a standard medical examination, including blood and urine tests and x-rays. In addition, when determining whether a person is eligible to become a Canadian citizen on the basis of health, Canada takes into account both the prior medical history and the mental state of the applicant. Depending on the outcome of your medical evaluation, you may be medically inadmissible to Canada.
Risk to the public’s health
Health history and medical exam findings have been used to determine whether a person’s health poses a threat to public health.
Risk to the public’s safety
A person is deemed to pose a threat to the public’s safety if their health makes it likely that they will lose their mental or physical capacity abruptly, as well as if they will behave unpredictably or aggressively.
A high demand for health and social services
According to this clause, a person’s health condition will burden Canadian social and/or health services by prolonging waiting times or necessitating excessive spending if he or she is inadmissible. This is because the amount of services necessary to treat and manage the health condition is likely to be higher than the threshold for excessive demand costs.
Approximately $120,00285 will be spent on excessive demand costs in 2022, based on the Canadian government’s estimates.
If someone cannot enter Canada due to a medical condition, what happens?
Despite the foregoing, it’s important to keep in mind that a person’s immigration to Canada is not necessarily over simply because he or she is deemed medically unfit. A medical inadmissibility ruling can be overruled by those with the following medical issues. This list cannot be considered comprehensive and is only meant to provide readers with a general overview.
- Total Knee Replacement
- Brain Disorders
- Chronic Kidney Disease
- Autoimmune Diseases (ex. AIDS, Lupus)
- Crohn’s Disease
- Cardiac Disease
- Cancers
- Psychiatric Disorders
- Brain Disorders
- Liver Disease
- Blood Disorders
- Learning Disabilities
- Autism
- Hepatitis B & C
- Down Syndrome
- Learning Disabilities
Medically ineligible individuals who are denied entry to Canada will also have two appeal options.
Method 1: Letter of procedural fairness
Procedural fairness letters will be sent to those who may be deemed medically inadmissible before a decision is made.
As soon as the person receives this letter, they have the right to react, as they can seek legal advice and representation to assist in supplying information or backing up their claims.
The recipient of a procedural fairness letter must respond to the document within 90 days of receiving it; otherwise, they must request an extension of the deadline through IRCC.
An example of information or evidence that one can include in their response is information or evidence concerning a medical diagnosis or health condition that has been alleviated or cured, as well as details about the type and cost of the medication or services that were used.
Method 2: Mitigation plan
When a person receives a procedural fairness letter for excessive demands, IRCC may allow them to submit a mitigation plan that outlines how they will ensure their health does not overburden Canada’s system.
If there is additional information to be included in the mitigation plan (other than those provided in the procedural fairness letter), that should also be included in the mitigation plan itself.
Getting help with medical inadmissibility
The concept of medical inadmissibility can be incredibly complex when you are trying to comprehend it on your own. It is still possible to simplify immigration matters by hiring a lawyer.
The following are some of the services that immigration law experts can provide:
- Prepare any documents that may be required.
- Make sure mistakes aren’t made.
- Consult with the government of Canada on behalf of an individual.
- Ensure medical inadmissibility is processed as quickly as possible by utilizing their expertise during each step.
