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TRP Canada

Canada immigration lawyer focused on helping Americans apply for a Temporary Resident Permit so they can travel to Canada with a criminal record. We offer free comprehensive consultations (unlike many businesses who demand a retainer before assessing your options).

Medical Inadmissibility Canada

Every person who applies to immigrate to Canada is required to undergo a medical examination by an approved physician before they will be issued a visa. Even some people hoping to visit the country on a temporary basis are required to first undergo a health exam. Individuals with a medical condition that could pose a danger to public health or public safety, or that could potentially cause excessive demands on Canada's social or health services, may be considered medically inadmissible to Canada. In order immigrate to Canada, foreign nationals must overcome any medical inadmissibility they have by filing paperwork with the Canadian Government.

What Does a Medical Examination Involve?

For the purposes of going to Canada on a temporary or permanent basis, medical examinations are typically confined to a standard physical exam performed by an IRCC-approved doctor which includes x-rays, urine tests, and blood tests. Medical records, which can include mental health records, are also reviewed as part of a medical examination for Canadian immigration.

Canada Medical Inadmissibility Examples

Immigration, Refugees and Citizenship Canada (IRCC) lists a variety of conditions that they consider a health risk to Canadians. The following conditions will likely lead to a medical refusal:

  • untreated syphilis
  • active pulmonary tuberculosis
  • hostile or disruptive behavior
  • organic brain disorders or paranoid states linked to violent behavior
  • substance abuse issues that can cause anti-social behavior such as impaired driving or violence
  • sexual disorders such as pedophilia
  • impulsive sociopathic behavioral conditions

These are just some of the many reasons why a potential visitor or immigrant could be refused on medical grounds. In general, if an individual could potentially infect others, or the demands and costs associated with a particular condition are considered "excessive", the person may be inadmissible to Canada on health grounds.

Refusals Due to Excessive Demand on Health or Social Services

Any person whose admission may reasonably be expected to cause excessive demand on government funded health services or social services may be issued a Procedural Fairness Letter expressing an intention for a Canada medical inadmissibility denial. When it comes to medical inadmissibility, health services can include hospital care, pharmaceutical care, nursing services, laboratory services, physiotherapist services, and physician services. Social services can include specialized residential home care services, personal support services, social rehabilitative services, as well as services to assist with psychological, social, emotional, or vocational functions. "Excessive" demand is generally considered anything that will be more expensive over a 5 to 10-year time frame than Canada's per capita health costs.

Denied Entry to Canada Due to Medical Inadmissibility

A person may be denied entry at the Canadian border or could have their Canada permanent resident application refused on medical grounds if their admission may cause a significant demand on Canada's public health and social services or could pose a risk to the health or safety of Canadians. When determining if a person is inadmissible to Canada on medical grounds, immigration officers evaluate the severity, nature, and probable duration of the health impairment, as well as the possible risk to public safety, the danger of contagion, and the potential demand on the nation's health services.

When applying to become a permanent resident of Canada, an applicant who is facing a refusal due to medical inadmissibility will receive a Procedural Fairness Letter from Immigration Canada. This allows the applicant an opportunity to respond to the medical inadmissibility allegations. If you are worried that you may receive a Procedural Fairness Letter from IRCC as a result of your Canadian immigration application, it is advisable to contact a knowledgeable attorney. A Canadian immigration lawyer with medical inadmissibility experience can typically review your medical reports, the anticipated cost of medical services, and research Immigration Canada's position. This can allow them to develop a strategy for overturning an IRCC decision.

Moving to Canada with a pre-existing condition can be challenging if it is considered a disease not allowed in the country. Consequently, it can slow down the PR application process significantly. A Canada immigration medical exam fail does not guarantee an applicant will never be able to immigrate to Canada, but this type of law is very complex and effectively responding to a Procedural Fairness Letter can involve a huge amount of research and paperwork. Since litigating such a case can be expensive, people may need to decide just how much they care about moving to Canada. If a person is trying to visit Canada, it may also be possible to request special entry permission such as a Canada Temporary Resident Permit which can overcome inadmissibility for a limited period of time.

Changes to Medical Inadmissibility Policy

Each year, approximately 1000 people are found to be medically inadmissible to Canada. About 25% of these cases are related to special education services required for children. The Government of Canada has been discussing possible policy changes that would triple the annual cost threshold (currently about $7,000 per year) which could result in some potential immigrants, such as those with HIV, no longer being considered inadmissible to Canada due to the cost of their medication.

Family Sponsorship

When applying to immigrate to Canada via family sponsorship or spousal sponsorship, Immigration, Refugees and Citizenship Canada (formerly Citizenship and Immigration Canada or CIC) does not consider the excessive demand component when adjudicating medical admissibility. This means that a prospective immigrant sponsored by a family member in Canada cannot be refused solely because they have a health condition that could require extensive services, such as autism. Please note: immigrants under the family sponsorship category can still be rejected if their medical condition is considered a danger to Canadian public health or safety.

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