Has your Canadian permanent residency application been rejected due to medical inadmissibility? Or have you received a procedural fairness letter?
As per recent immigration changes announced by the federal government, current medical inadmissibility rules are all set for an overhaul. If you or a family member has disabilities or illnesses, you will no longer be barred from immigrating to Canada.
For prospective permanent and temporary foreign nationals in Canada, this policy change is significant and highly positive. A potential immigrant having a health condition, that might be expected to cause excessive demand on Canadian health care would be eligible to apply for immigration to Canada.
Grounds for Medical Inadmissibility in Canada Immigration
As per the Immigration and Refugee Protection Act, any person who is not a Canadian permanent resident or citizen is deemed to be medically inadmissible on multiple grounds, including but not limited to:
- where the person may likely be a danger to public safety
- where the person may likely be a danger to public health
- Any reason that could lead to excessive demand on Canadian health or social services
There are certain situations where a foreign national may be a danger to public health or safety with a communicable disease, unpredictable behavior, or if their condition severely impacts the persons currently residing in Canada. Few of the health conditions or diseases noted under medical inadmissibility are syphilis and pulmonary tuberculosis.
What does Excessive Demand mean?
Excessive demand in the context of medical inadmissibility means when a foreign national’s medical needs far exceed the predetermined costs of estimated health and social services in Canada.
Two primary elements affect the excessive demand assessment:
- If the foreign national’s medical services needs can impact the wait times in Canada for the specific medical, health, or social services
- The cost of medical, health, or social services to treat the foreign national’s medical condition is likely to exceed 3 times the per capita cost for this sector in a 5-year period (determined in 2018 to be $6604 by the government)
Medical Inadmissibility in Canada Immigration – How will the new changes impact you
In 2017, the immigration committee in parliament proposed to repeal the medical inadmissibility excessive demand rule stating that it is not aligned with the inclusive Canadian values. The excessive demand cost is revised on an annual basis. But these costs are taken as a burden rather than an investment for positive contribution to Canada.
In the Temporary Public Policy Regarding Excessive Demand on Health and Social Services introduced for public discussion in 2018, the cost threshold has been revised to $21,204 for one year instead of $6604. In the initial policy evaluation stages, it has been found that more than 60 applicants and their family members have been allowed to enter and settle in Canada. They would have been refused entry as per the earlier rules.
Redefining Health Terms in Canada
The proposed amendments also seek to redefine the meaning and scope of the terms “social services” and “health services,” including eliminating the reference to few social services such as special education services.
Additionally, the Ontario Ministry of Health and Long-Term Care confirmed that all children and youth below the age of 24 years, included in the OHIP coverage will now be included under the OHIP+ program. All eligible drugs already covered in the Ontario Drug Benefit program (ODB) will be covered without any additional expenses, and enrollment in the OHIP+ plan will be done automatically.
Medical Inadmissibility Appeals Canada- How We Can Help
If you or a family member have any psychological or medical conditions that may lead to a Canadian permanent residency application refusal, get in touch with us immediately. It is vital to make a convincing, well-researched, and properly documented immigration application built to withstand the legal ambit of medical inadmissibility.
There’s no point waiting for the immigration application to be refused. Being proactive and seeking professional legal guidance to present your application is important to ensure that you achieve your immigration outcomes.
Time is of the essence in Canadian immigration applications, and professional legal representation can help deliver desired outcomes. At Nanda & Associate Lawyers, we have an experienced team of more than 15 lawyers, including Immigration Lawyers, Immigration consultants, and other professionals, to help you achieve your desired immigration results.
Conceptualized in 2003, Nanda & Associate Lawyers Professional Corporation is dedicated to delivering customized legal guidance to suit your Canadian immigration needs. Our Immigration Lawyers are available for online consultations and adept in more than 15 world languages! Go ahead and book your free no-obligation consultation today to move ahead towards a secure and happier future in Canada.
