In the context of Canadian immigration, inadmissibility due to criminal convictions is considerably more likely to come to mind than medical inadmissibility.
However, as of the most up-to-date information from 2019, approximately 1,400 immigration applications annually are denied entry to Canada due to medical inadmissibility.
Since “every Canadian immigration visa applicant, and some temporary status applicants [must] undergo a medical examination,” medical inadmissibility is worthy of increased discussion.
Let us explain why you cannot enter Canada due to your health.
Why would someone be denied entry to Canada because of their health?
Standard medical examinations, including blood and urine tests and X-rays, are the starting point for determining medical inadmissibility to Canada. Furthermore, Canada decides an immigration applicant’s health admissibility based on their past medical records and current mental condition. If you are found medically ineligible for entry to Canada, it will be for one of these three reasons.
Threat to community health
It has been determined that an individual’s health condition threatens public health based on evidence such as medical exam results and health history.
Public safety risk
Officers have determined that a person threatens public safety due to their health after considering the possibility of abrupt mental or physical incapacity and the risk of unpredictable or aggressive behaviour.
Too much interest in medical and social care
Suppose an individual is found inadmissible under this provision. In that case, it is because their health condition is expected to place an undue burden on health and/or social services in Canada, either by increasing wait times for care or by necessitating more funding than is available.
The Canadian government reports that in 2022, the cutoff for “excessive demand costs” will be $24,057 yearly ($120,285 total).
What happens if an individual is found medically ineligible for entry into Canada?
Having said all of the above, it is vital to realise that being deemed “medically inadmissible to Canada” is not necessarily the end of one’s chances of immigrating to Canada.
Those who, for example, suffer from any of the following medical issues can contest a declaration of medical inadmissibility.
Please remember that this is not an all-inclusive list but an introduction to the topic.
- Chronic Kidney Disease
- Cardiac Disease
- Crohn’s Disease
- Autoimmune Diseases (ex. AIDS, Lupus)
- Learning Disabilities
- Cerebral Palsy
- Down Syndrome
- Psychiatric Disorders
- Blood Disorders
- Hepatitis B & C
- Liver Disease
- Brain Disorders
- Rare Diseases and Conditions
- Total Knee Replacement
Two appeals processes are available to those judged medically ineligible to Canada.
Step 1: A Letter Requesting a Fair Procedure
A procedural fairness letter will be sent to applicants who may be deemed medically ineligible before a final decision is reached on their application.
The recipient of this letter will be afforded a period to respond; during this time, they may seek the assistance of legal counsel and/or a lawyer.
The deadline for responding to a procedural fairness letter is 90 days from the date the letter was received, or the recipient must contact Immigration, Refugees, and Citizenship Canada (IRCC) before the deadline passes to request an extension.
Documents connected to the health condition/medical diagnosis showing receipt of therapy to better or cure the sickness and information about the sort and costs of medication or services required are all examples of information or evidence that one can provide in response.
Plan for reducing the impact
Individuals who have received a procedural fairness letter for excessive demand may be given the opportunity to submit a mitigation plan outlining how they will prevent their health from causing an excessive demand on Canada’s health and social services in specific circumstances, as determined by IRCC.
Again, you can find the appropriate addresses on the procedural fairness letter, and that’s where you should send your finished mitigation plan and any supporting materials.
Obtaining assistance in case of medical inadmissibility
Medical inadmissibility is a complex topic, and it can be challenging to wrap your head around it alone. Hiring an immigration attorney, however, can simplify the process significantly. Professionals in the field of immigration law can:
- Avoid making errors.
- Prepare the required documents.
- Reply to the Canadian government on behalf of an individual.
- Leverage their knowledge to speed up the various phases of the medical inadmissibility procedure.
- Medical inadmissibility can lead to denial of entry into Canada for immigration applicants and some temporary status applicants.
- Medical inadmissibility can be due to a threat to community health, public safety risk, or too much interest in medical and social care.
- Those deemed medically ineligible can contest the decision through two appeals processes.
- The first step is to respond to a procedural fairness letter within 90 days, providing evidence and information about the health condition and its costs.
- The second step is to submit a mitigation plan outlining preventing excessive demand on Canada’s health and social services.
- Hiring an immigration attorney can simplify the medical inadmissibility process and speed up its various phases.