All individuals planning to move to Canada for permanent residency and also some temporary residents are required to take medical examinations.
This is to ensure that the newcomers do not pose risk or hazard to the public health or do not put extra pressure on the health system.
People applying to visit, study, work or live permanently in Canada can become inadmissible based on 3 possible Medical reasons. Being a danger to public health or safety, exposing excessive demand on health or social services.
If you are planning to visit Canada in the future, make sure you are not inadmissible before applying for a visa.
Conditions for Medical Inadmissibility
To grant a visa to Canada, you need to undergo a medical examination and pass health standards to be admissible. Otherwise, your health situation may prevent you from acquiring a visa or residency permit.
There are three main reasons that can make an individual medically inadmissible. That is, you cannot grant the permit to move to Canada.
The reasons are as follows:
- Being a danger to public health
- Being a danger to public safety
- Exposing excessive demand on health or social services
In this article, we will further discuss these situations, exceptions to the rules, and ways to overcome the situation.
Being a danger to public health
IRCC works with health agencies to ensure minimizing health hazards for the public, such as the risk of communicable diseases.
Your application may be refused if your Immigration Medical Exam shows that your health condition will endanger Canada’s public health; you may have certain infectious diseases that could affect other people living in Canada.
This can include infectious diseases that can easily pass from one person to the other and have significant health implications, such as active tuberculosis,untreated syphilis.
Immigration, Refugees and Citizenship Canada assess how easily the disease can spread and how well the applicant has controlled the infection.
Diseases with a high risk of transmission or difficulty of containment are considered hazardous for public health.
Availability of treatment is another factor. Applicants may need to undergo extra tests and examinations to prove that their disease is well responding to the treatment, thus is under control.
In some situations applicants with controlled conditions can still be accepted under certain circumstances. They may be required to do regular health monitoring.
Being a danger to public safety
Your application may be refused if your Immigration Medical Exam shows that your health condition will endanger Canada’s public safety; if there is a risk of unpredictable or violent behaviour for example.
IRCC assesses each individual carefully to ensure they will not pose any risk to public safety associated with certain health conditions.
Suffering from epilepsy, seizure, or severe mental health disorders can make you inadmissible to grant Canada’s temporary or permanent residency. However, Canada defines danger to safety through assessing several factors.
Certain health conditions may interfere with the individual’s ability to control their movements and behavior. This Can pose a hazard or risk to the public safety.
Severe seizures or epilepsy, especially if it is resistant to treatment, can pose danger to the public safety. For example, the person may experience a seizure while driving or working with heavy machinery.
Some severe mental disorders can interfere with the judgment and result in uncontrolled and even violent behavior.
Examples of these disorders can include untreated schizophrenia, severe bipolar disorder or some personality disorders.
IRCC evaluates the nature and severity of the condition. If there is a history of conditions with a well-known history of loss of control, aggression or violent outburst they will evaluate the individual’s situation more carefully.
Canada will check the applicant’s background. If the applicant has a history of loss of control or violent behavior, this can increase the chance of inadmissibility.
The government will also assess the chance of interference with everyday life. For instance, someone with severe epilepsy who experiences seizures everyday may be less likely to pass the medical examinations.
However, if the individual is receiving effective treatment and the condition is successfully controlled, they can be admissible. For example, an applicant with bipolar disorder who is under medical supervision and has been stable for several years can be admitted.
Also, accessibility of the treatment in Canada plays an important role. If the condition is well-controlled and the treatment is available and easily accessible in Canada, the candidate has a good chance to pass the medical examinations.
However, individuals with well-managed conditions can be accepted under certain circumstances. They may need to undergo regular medical check-ups to ensure they may not pose any hazards to public safety.
Exposing excessive demand on health or social services
Your application may be refused if your Immigration Medical Exam shows that your health condition might cause excessive demand on health or social services; Canada’s health or social services need to treat your health condition which would cost more than the cost threshold or affect wait times in services in Canada.
Excessive demand is defined as any demand on Canada’s health and social services that exceed the average per capita cost or limit or delay access to services for Canadians.
Through the medical exams, IRCC assesses the condition of every applicant, predicted costs, and the resources they may need in the future.
The conditions posing excessive demand are typically long-term conditions that need extra care during a long period of time. Some examples of these conditions are as follows:
- Chronic diseases: This can include conditions such as diabetes, kidney diseases, heart diseases, which usually require regular medical care and support.
- Severe disabilities: Including physical or intellectual disabilities that may require extra education, rehabilitation, or personal support workers.
- Medical conditions requiring costly treatments: Conditions such as HIV/AIDS, hemophilia, and cancer can be very costly and pose excessive pressure on the health system.
Overcoming Medical Inadmissibility
Medical inadmissibility can be a serious barrier towards entering Canada. However, if you are found inadmissible, there may still be some ways to overcome this barrier.
For instance, spouses, common-law partners and dependent children are exempt from the excessive demand criterion. This policy enables families to stay together without medical barriers blocking their way.
In addition, Individuals who seek refuge or asylum are exempted from the excessive demand criterion.
However, applicants who are found medically inadmissible due to excessive demand still have a chance to overcome their problem with a procedural fairness letter.
The letter can be helpful when you are able to pay for all the extra costs of your condition, your condition is well-managed and under control, your condition has improved, or you believe that your condition is poorly interpreted.
If the procedural fairness letter is rejected, you may still be able to follow your case through Immigration Appeal Division (IAD) or Federal Court of Canada.
Applying for a Temporary Resident Permit to Overcome Medical Inadmissibility
When you are held to be medically inadmissible, you may still be authorized to apply for a temporary resident permit under certain circumstances.
A temporary resident permit (TPR) enables you to enter Canada to visit your family, pursue work or study, or access special medical treatments that are not accessible in your home country.
In order to enter Canada with a TPR, you need to demonstrate an essential reason. Having a stable medical condition, private insurance, and financial resources can increase your chance of getting the permit.
Procedural Fairness Letter
A procedural fairness letter allows applicants to present a mitigation plan and respond to the government’s concerns.
This can include:
Private healthcare arrangements: You can be admitted through proving that you are able to pay for the needed health or social services.
For example, you may show private insurance covering your expenses. Or if your child needs special education, you may need to send them to a private school to ensure you are not posing extra expenses or pressure on the public services.
Proof of financial stability: You may overcome the medical barrier by proving that you can pay for any extra costs that your condition may require.
Healthcare treatment plans: By submitting your detailed treatment plan, you can prove that your condition is manageable and does not require extra costs or services. This can especially be the case for conditions such as diabetes or epilepsy that can be managed by regular medications.
Additionally, under certain circumstances you can ask for a re-evaluation of your medical conditions. This can be the case when your condition has improved since the medical exam, you find the first evaluations too cautious, or your condition can be interpreted in different ways.
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