Medical Inadmissibility

Every individual applying for a Permanent Residence and some applicants for Temporary Status in Canada (Visitor visa, Study Permit, Work permit) are required to undergo a medical examination by an approved Panel Physician.

The medical exams are generally confined to a standard physical exam, including blood tests, urine tests, and x-rays, prior medical records and the individual's mental state are also examined.

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Individuals may have their application denied on medical grounds and found Medically Inadmissible in these circumstances:

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• Granting Permanent Residence status might cause excessive demand on existing social or health services provided by the government.*

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• Their condition would endanger the health or safety of the Canadian population at large due to a contagious disease.

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*Note: The excessive demand component is waived under the Family Sponsorship category of Canada immigration for the Spouse, Common-law partner, Conjugal partner and Dependent children of the sponsor. The sponsored person(s) still may be refused if their condition is considered to be a danger to Canadian public health or safety.

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Medical Inadmissibility:  subsection 38(1)

 

Individuals with a medical issue may be found Medically Inadmissible to Canada if IRCC believes that the individual will incur excessive demand on health care or social service costs in excess of $20,517 CAD per year.  This is common for Parental Sponsorship applications due to the age of elderly parents and sometimes on other Permanent Resident applications.  A proper response must be submitted to the Procedural Fairness Letter (PFL), along with secondary opinion / diagnoses and medical plan.  Matkowsky Immigration law has extensive experience with these medical cases and can help.

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Overcome Medical Inadmissibility

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If you received a Procedural Fairness Letter from IRCC regarding potential Medical Inadmissibility, it is strongly recommended to retain professional help to draft an appropriate response.  Many individuals do not appreciate the severity of the situation and comply with the request letter and submit additional documents on their own.  Often, this is not sufficient and the application is refused.  There will not be another opportunity to reply after a refusal.

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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.

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Unrepresented individuals are not aware of the legal significance of a medical inadmissibility finding and how this can be prevented. Many medical and psychological conditions, including developmental delays, can lead to an immigration visa refusal. It is critical to respond with a medical immigration plan that is well researched, supported and presented in a convincing and substantive manner for the best immigration results.  We can help prepare and draft a plan.

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Below is a list of conditions where medical inadmissibility can be overcome which include, but are not limited to:

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• Chronic Kidney Disease

• Crohn's Disease

• Cardiac Disease

• Diabetes

• Cancers

• Autoimmune Disease, i.e.: HIV, Lupus

• Learning Disabilities to Pervasive Development Disorder requiring special education

• Autism

• Cerebral Palsy

• Down Syndrome

• Psychiatric Disorders

• Hepatitis B and C and Liver Disease

• Blood Disorders

• Tuberculosis

• Brain Disorders

• Rare Diseases and Conditions

• Total Knee Replacement

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