Immigration Lawyer

Medical Inadmissibility

Immigration Lawyer

Medical Inadmissibility

Medical inadmissibility occurs when an individual is denied entry to Canada due to health condition that poses challenges under Canadian immigration law. A person may be held inadmissible if they are a risk to public safety or create anexcessive demand on Canada’s health care or social services. For example, every year,approximately 1,000 people in Canada are found to be medically inadmissible.

The purpose of this policy is to protect public well-being in Canada and safeguard healthcare resources. It is regulated under the Immigration and Refugee Protection Act (IRPA).

Grounds for Medical Inadmissibility

There are three main grounds under which one can be held medically inadmissible:

1. Risk of Public Health

If an individual has any contagious health condition that can spread and cause harm to the public in Canada, such as active syphilis or untreated tuberculosis.
You will be inadmissible even if you have been in close contact with a contagious individual.
One will be denied entry to Canada unless complete treatment is provided or they are no longer a threat to public health.
The immigration medical test results designated by the authorities are considered valid for assessment.

2. Risk in Public Safety

Based on the immigration medical test, your health condition could put public safety at risk.
Risk of severe mental health issues where you may be involved in violent and unpredictable behaviour.
If it is believed that you might have sudden incapacity resulting in loss of mental and physical abilities.

3. Excessive demand for health or social services

If it is observed that your medical health condition will cause extensive demand and expense for Canada’s health care system.
For example, conditions like advanced kidney disease require long-term treatment and dialysis, which is costly.

How to overcome medical inadmissibility?

If you are held medically inadmissible, you can overcome it by:

1. Submitting a mitigation plan

In the mitigation plan, you must provide details on how your medical treatment will not excessively rely on Canada’s healthcare system. For instance,you can show that a family member or insurerwill coverthe treatment charges.

2. Request for reconsideration

You can request reconsideration of the decision regarding your inadmissibility by providing updated medical results and supporting documents. This allows you to show improvement or reduced risk in the medical condition from the initial assessment.

3. Humanitarian and Compassionate grounds

If you have family members or any special reason requiring your presence in Canada, you can apply under H&C grounds. For this, you must provide a compelling reason. This is an exceptional ground measure under which medical inadmissibility may be waived off.

4. Temporary Resident Permit

A TRP is a temporary option to address medical inadmissibility, allowing individuals with health conditions to enter or remain in Canada for a limited period. The application must include an explanation for your presence in Canada and evidence of how the condition will be managed without posing risks to public health or safety. This includes submitting medical reports, assessments, and proof of funding for healthcare needs.

Exemptions from Medical inadmissibility

It is to be noted that certain applications for Permanent residency, such as Spousal or child Sponsorships, are exempted from medical inadmissibility based on the above criteria. Refugees and their dependents as well protected persons also benefitted from such exemptions. Get in touch with our Immigration lawyers for more information.

Are you looking to get help to handle your medical inadmissible status?

Medical inadmissibility often involves complex documentation and needs structured approachto overcome the issue. The application process can be overwhelming and demands proper evidence and presentation.

At Nanda & Associate Lawyers, our experienced immigration lawyers are ready to assist you with personalized guidance to overcome medical inadmissibility. To improve your chances of success, connect with us at 905-405-0199 today!

Frequently Asked Questions

What is a procedural fairness letter?

A procedural fairness letter is issued by IRCC to notify applicants of issues in their application that may result in refusal. It provides an opportunity for the applicant to submit additional evidence or information to clarify and resolve the issues. This letter is often issued in cases of medical inadmissibility or failure to meet eligibility requirements.

What is the time to respond to the procedural fairness letter?

The time to respond is usually 30 days from the date on which the letter was issued. However, one can respond within 60 days if he or she is outside of Canada.

What is a mitigation plan?

A mitigation plan is a document submitted by an applicant to address medical inadmissibility issues. It outlines how the applicant’s medical condition will not heavily impact Canada’s healthcare system. A strong mitigation plan significantly improves the likelihood of an immigration application being approved.

What Does a Medical Examination Involve?

A medical examination includes:

Review of Medical History: Including a doctor’s evaluation and past medical records.
Physical Examination: A complete check-up of the individual’s health.
Laboratory Tests: Blood and urine tests to identify underlying conditions.
X-rays: Primarily chest X-rays to screen for tuberculosis.
Additional Tests: If necessary, as determined by the physician.

For more information, you can check the IRCC IRCC medical examination guide.

Does a pregnant woman have to undergo medical examination?

Yes, a pregnant woman also must undergo medical examination, but the process is adjusted according to her safety. The X-rays can be done until after pregnancy, but if there is urgency in the application, then a protective shield is used to minimize risks. The other medical test, which includes a blood test and urine testcan be done as usual.

Please note: If the X-ray is delayed until pregnancy, then even the application procedure is delayed until full completion of the medical examination.