In this article, we are going to explore how to overcome medical inadmissibility to Canada. We will also discuss why you were denied in the first place.
You may have made preparations to enter Canada and even completed the application procedure, only to be told by an immigration officer that you are ineligible to enter the country owing to health concerns.
Foreign nationals have been barred many times from entering Canada due to IRCC medical inadmissibility issues.
If your condition will place excessive demand on the Country’s health services over a five-year period, you may be medically inadmissible to Canada.
So what is medical inadmissibility? What can make someone to be barred from entering Canada due to their health?
In this article
- What Is Medical Inadmissibility?
- Health Issues that will cause Inadmissibility to Canada
- Who is exempt from medical examination requirement?
- Tips to Overcoming to Medical Inadmissibility to Canada
- How to Apply for a Temporary Resident Permit to Overcome Medical Inadmissibility
- What to do if you have received a Procedural Fairness Letter?
What Is Medical Inadmissibility?
If you want to immigrate to Canada permanently or temporarily, you must typically pass a standard physical examination administered by a CIC (Citizenship and Immigration Canada) licensed doctor.
X-rays, urine tests, and blood tests are all possible components of these physical examinations.
Medical records, including mental health records, will be requested by the Canadian government.
The government will analyze your physical exam and medical records in order to determine whether you are medically admissible to Canada.
A tool on the CIC website can assist you discover a doctor in your country who is certified by the Canadian government to undertake one of the medical exams.
Health Issues that will cause Inadmissibility to Canada
Immigration, Refugees and Citizenship Canada (IRCC) has released a list of pre-existing diseases that it will consider a health concern for those living in Canada.
You may be found medically inadmissible, if:
- Your medical condition could potentially jeopardize the health or safety of the whole Canadian population; or
- It’s possible that your admittance will put an undue strain on Canada’s publicly financed health and social services.
Furthermore, when assessing whether you are medically inadmissible to Canada, the medical officer must evaluate the nature, severity, and likely duration of any health impairment you may have, as well as other considerations like:
- Danger of contagion;
- Unpredictable or unexpected behavior that puts the public’s health and safety at risk; and
- If the supply of social or health services that you may require in Canada places an unreasonable demand on health services, denying Canadian citizens access to these services.
When it comes to permanent residency and refusals based on medical inadmissibility, you can seek a legal remedy by demonstrating that your medical costs will not exceed the estimated average costs of medical treatment for Canadians, or that there are compelling humanitarian and compassionate reasons to make an exception.
This can be accomplished by responding in detail to a government procedural fairness letter prior to a refusal.
Another way is by seeking judicial review in the Federal Court of Canada if the decision appears to be unjust or unreasonable.
Who is exempt from medical examination requirement?
Certain foreign nationals are exempted from undertaking medical examination for Canadian immigration.
These exemptions to medical examination requirement are described in the Immigration and Refugee Protection Regulations Act.
The following foreign nationals are exempt from the requirement to submit a medical examination and they apply to:
- Foreign national entering or in Canada to carry out official tasks. Unless they intend to engage in or stay in secondary work in Canada,
- A family member who is not accompanying a foreign national who has applied for refugee protection outside of Canada.
- A member of the armed forces of a designated state, as specified by the Visiting Forces Act, who is entering or is in Canada to perform official duties.
- An individual who is a member of the live-in caregiver class and has sought for permanent residency.
- Protected person’s family member, if the family member is not listed on the protected person’s application to stay in Canada as a permanent resident;
Tips to Overcoming to Medical Inadmissibility to Canada
If you have received a Procedural Fairness Letter from IRCC addressing probable Medical Inadmissibility, you should seek professional assistance in drafting a proper response.
Many people are unaware of the gravity of the situation and just follow the request letter’s instructions and submit extra documents on their own.
Often, this is frequently insufficient, and the application is denied. After a denial, there will be no more opportunity to respond.
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.
Individuals who are not represented are unaware of the legal implications of a medical inadmissibility judgment and how to avoid it.
An immigration visa refusal can be caused by a variety of physical and psychological issues, including developmental disabilities.
For the best immigration results, you must react with a medical immigration plan that is properly researched, supported, and presented in a convincing and substantive manner. We can assist you in preparing and drafting a plan.
The following is a list of medical inadmissibility conditions that can be overcome, including but not limited to:
- Chronic Kidney Disease
- Cardiac Disease
- Crohn’s Disease
- Autoimmune Disease, such as AIDS, Lupus
- Cerebral Palsy
- Down Syndrome
- Psychiatric Disorders
- Blood Disorders
- Hepatitis B & C
- Liver Disease
- Brain Disorders
- Rare Diseases and Conditions
- Total Knee Replacement
- Learning Disabilities related to Pervasive Development Disorder requiring special education
In certain circumstances, individuals who do not meet the Canadian medical admissibility rules for temporary stays in Canada may be awarded a Temporary Resident Permit (TRP) to enter Canada and overcome medical inadmissibility.
How to Apply for a Temporary Resident Permit to Overcome Medical Inadmissibility
After you or your immigration lawyer have gathered all of the necessary Canadian immigration paperwork to complete a TRP application, you must submit it for consideration to the Canadian immigration authorities.
You can apply for a temporary resident permit to overcome medical inadmissibility at any Canadian consulate or port of entry if you are an American citizen or have permanent resident status in the United States (land, sea or air).
Canadian Consulate Applications
Despite the fact that applying for a Canadian TRP through a Canadian consulate takes a long time (3-6 months), it is regarded the best way to submit temporary residence permit applications to Canadian immigration officials.
This is because your entry will be decided by an experienced immigration officer who is familiar with the numerous reasons for your entry.
To apply for a TRP, you must submit an application along with supporting documentation that explain why you are medically inadmissible and why you believe your admission into Canada is justified.
Port of Entry Applications
Foreign nationals who are making last-minute travel arrangements can apply for a temporary residence permit at a port of entry.
Anywhere a passport is required to enter the country, such as airports, land crossings, or sea entry points, applications for port of entry are handled instantly.
A Canadian immigration officer will assess the requirement for the inadmissible person to enter Canada against the risk to the Canadian population’s health and safety.
Applicants must be able to show that their entry into Canada is necessary for their health.
Port of Entry Applications: Benefits and Drawbacks
The main benefit of applying this way is the quickness with which a TRP may be obtained, which can be given in a matter of minutes.
The major downside of a port of entry application is the unpredictability; you never know if the immigration officer handling your case will approve or deny your application.
If your application is declined, you will not be allowed to enter Canada until a Canadian consulate has given you permission.
If you are a citizen of a visa-exempt nation, you must apply for a temporary resident permit using the instructions provided by your country, as each country’s application form may change.
Government Application Fee
A fee of $200 CAD applies for each temporary resident permit application lodged.
What to do if you have received a Procedural Fairness Letter?
If you have received a procedural fairness letter, you may only have a limited amount of time to submit a response.
In most cases, Your response time could be anywhere from 7 to 30 days.
To boost the chances of attaining medical admissibility status, a legal opinion letter citing any relevant law, case precedents, and corroborating proof is proposed.
If you received a procedural fairness letter from Citizenship Canada (IRCC- Immigration, Refugees & Citizenship Canada) about possible medical inadmissibility, we recommend that you meet with one of our inadmissibility specialists or immigration lawyers for free.
Q. What do they test for in immigration medical?
Ans. All immigrants are required to have an assessment for the following vaccine-preventable diseases as part of the medical examination for immigration.
They include: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis.
In addition to other diseases such as, Haemophilus influenzae type B, rotavirus, hepatitis A, hepatitis B, meningococcal disease are also tested for.
Q. How can you fail immigration medical exam?
Ans. Any of the following four basic medical issues can render an application ineligible for medical reasons:
- Communicable disease of public health significance.
- Failure of an immigrant to show documentation of mandatory vaccinations.
- Physical or mental illness that is accompanied by destructive behavior.
- Drug abuse or addiction.
Q. How much does basic immigration medical exam cost?
Ans. The cost of the basic immigration medical exam is $435.00.
This includes blood work (test for syphilis, chlamydia, gonorrhea), physical exam, and follow up consultation to pick up results and certified forms.
Q. How long are medical examinations valid for?
Ans. Medical certifications are valid for twelve months from the date of the last medical assessment of an applicant’s file by a medical officer and/or delegated staff, whether in or outside of Canada.
Q. Are pregnant women required to undergo the medical examination?
Ans. Pregnant applicants are exempt from having x-rays taken as part of their assessment.
However, both the infant and the mother must undergo medical checks following the delivery of the child.
We hope the tips in this topic will help you avoid medical inadmissibility problems in Canada. As you can see, we did our best to state list of medical conditions inadmissible to Canada as a visitor, worker or permanent resident applicant – and how to handle them. Good luck in your application.