A foreign national is deemed medically inadmissible to Canada based on health grounds. The criterion for the medical inadmissibility is the potential future excessive demand which may be reasonably placed on Canadian health or social services if the foreign national was to be allowed to enter Canada.
If Immigration Refugees and Citizenship Canada (IRCC) finds any foreign national within this provision, that person’s application for permanent resident status is liable to be refused.
What is excessive demand under medical inadmissibility?
In the health and social services, the majority of the funds are provided by the government. There are certain excessive demands under the Immigration and Refugee Protection Regulations (IRPR) states:
- Any demand on health and social services whose anticipated future costs are likely to be higher than the average Canadian health and social services per capita over a period of five consecutive years; or
- Any demand on health and social services which can increase the existing waiting lists and enhance the rate of mortality in Canada due to inability in providing timely medical services to Canadian permanent residents and citizens.
On April 16, 2018, the Canadian government announced the following important changes.
- The cost threshold for the cases under medical inadmissibility was raised by 300% which is a bold move towards showing leniency for immigration applicants. Previously the per capita cost threshold within Canada was CA$6655 a year. For immigration applicants who need prescription drug treatment of up to CA$20,000 will be allowed and anyone above this threshold is liable to be refused.
- Many services were removed from the ambit of social services such as personal support services, special education, social and vocational rehabilitation services. This implies that parents who have children with conditions needing specific and specialized education programs will not be refused on these grounds.
What are the legal implications of medical inadmissibility?
When a foreign national makes an immigration application to enter Canada legally, detailed medical examinations are mandatorily conducted as requested by IRCC. This includes applicants who want to enter Canada temporarily as foreign workers or for permanent residency.
If the results of the medical examination reveal that the primary applicant or their dependents who are accompanying them to Canada need health or social services which can reasonably cause excessive demand, IRCC sends a letter noting its concerns. This letter is known as the Procedural Fairness letter.
The primary applicant and their dependents then reply to the IRCC to address the concerns raised by IRCC in its letter.
Are there any exemptions to the excessive demand rule of medical inadmissibility?
There are specific classes of immigration applicants who do not have the excess demand provisions applicable for them. These include dependent children, spouses, common-law partners who are sponsored by a Canadian permanent resident or citizen. Applicants applying under humanitarian and refugee programs are also exempted.
Medical Inadmissibility Lawyer – How We Can Help
At Nanda & Associate Lawyers, our experienced Immigration lawyers understand your specific circumstances and provide tailored and customized solutions for each of them. It is advisable to consult experienced Immigration Lawyers or Regulated Canadian Immigration Consultant well versed in the medical inadmissibility cases to take your case and not wait for the immigration decision. Being proactive and taking independent legal advice can help in smoothly processing your immigration application if you or your family member have any medical condition.
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