Medical Inadmissibility

1. A candidate for immigration poses a danger to public health because of a health condition.
2. A candidate for immigration poses a danger to public safety because of a health condition.
3. A candidate for immigration would place an excessive demand on Canada’s health or social services.

Candidates for immigration under economic programs such as Federal Skilled Worker or Canadian Experience Class may have a dependent with a medical condition. The nature of that medical condition may lead to an allegation of being medically inadmissible to Canada. Such grounds for detention and inadmissibility under the IRPA (Immigration and Refugee Protection Act) may include:

• Cost of treatment.
• Availability of medication.
• Cost of monitoring.

Similarly, when a citizen is sponsoring a parent for permanent residence, the parent may be alleged to have a medical condition that would constitute excessive demand on Canada’s health services.

Excessive Demand on Health

The Canadian government may refuse an immigration application if it believes an applicant’s health condition would create an excessive demand on the country’s health or social services. This is known as “excessive demand on health,” one of the three reasons someone can be found medically inadmissible.

The decision about whether a medical condition would create excessive demand is made based on an immigration medical exam. A condition would be considered to cause excessive demand for one of two reasons:

1. Health or social services needed to treat a health condition would negatively impact wait time for these services in Canada.
2. Services needed to treat and manage the health condition would likely have a higher cost than the excessive demand cost threshold, an amount Canada uses to determine if the cost of a medical condition places an excessive demand on health and social services in Canada.

Exceptions

There are some exceptions to the rules for medical inadmissibility due to excessive demands. These rules do not apply to:

• Refugees.
• Dependents of refugees.
• Protected persons.
• Some people sponsored by family members, for example, spouses, common-law partners, and children.

Receiving a Procedural Fairness Letter Due to Medical Inadmissibility

If the Canadian government believes someone is medically inadmissible, the government will send that applicant a letter called a procedural fairness letter. This letter describes the reason or reasons that the government believes an applicant is medically inadmissible to Canada. The applicant will receive the letter before a final decision is made on the immigration application. Then, that applicant has the opportunity to submit additional information to overcome medical inadmissibility.

Canada permits applicants who receive a procedural fairness letter to get advice from a professional before responding to the letter. When facing such an allegation, it is pertinent to describe the medical condition with credible documentation that is detailed. An immigration officer typically provides a procedural fairness letter for medical inadmissibility to provide an opportunity to present such medical information. To minimize an officer’s finding of medical inadmissibility (and denial of entry to Canada), it is recommended that the medical documentation be supplemented with a cogent legal argument comparing the medical condition to the availability and cost of treatment in the Canadian province of destination.

Some examples of useful evidence an applicant may provide include:

• Information about the health condition or diagnosis, for instance, information about receiving treatment to improve or cure the medical condition.
• Information about the type of medication or services needed, for instance, changes a doctor has made to medication.
• Information about the cost of medication or services needed, for instance, if a doctor has changed a medication to an equivalent medication with a lower cost.

If you are faced with an allegation of medical inadmissibility, it is essential that you can respond to an immigration officer’s concerns with a medical and legal immigration plan. Further, you need that plan to be well-researched and supported and then presented in a convincing manner so that you can get the best immigration results.

We can help

The lawyers at Chaudhary Law are deeply knowledgeable about immigrant health issues and have many years of experience in medical inadmissibility cases in Canada. Lawyers here offer services in English, French, Mandarin, Farsi, and Spanish to help you overcome medical inadmissibility allegations. We will use our specialized knowledge to present a plan for your health condition. Please contact us if you need help with your case.