Medical Inadmissibility to Canada

Medical Inadmissibility to Canada

Faten is a citizen of Saudi Arabia. She is in the process of immigrating to Canada. Faten’s new husband is a Canadian citizen. To live together, he has sponsored her to Canada. Faten recently underwent a medical examination and realized she has type 2 diabetes. Consequently, she wonders if the disease prevents her from immigrating to Canada and joining her husband. Is Fatan inadmissible to Canada?

One of the objectives of the Canadian immigration system is to protect the safety and health of Canadians. As a result, if you want to immigrate to Canada, you need to show an immigration officer that you are not inadmissible to our country because of medical issues.

What could cause medical inadmissibility in Canada?

Under section 38 of the Immigration and Refugee Protection Act (IRPA), you could become inadmissible for one of the following reasons.

  • You are likely to be a danger to the health of Canadians.
  • You are likely to be a danger to the safety of Canadians.
  • Your health conditions may cause excessive demand for health or social services.

A danger to public health

At the moment, IRCC considers the following as grounds for medical inadmissibility because of being a danger to the public health of Canadians:

  • Active pulmonary tuberculosis (TB)
  • Untreated syphilis

They find people with these conditions inadmissible to Canada. Therefore, if you suffer from any of these conditions, seek medical treatment before applying for immigration to Canada. Also, if you are suffering from any severe contagious disease, treat it first. Remember that IRCC may issue a temporary ban on immigration for specific people or regions of the world because of the outbreak of serious illnesses. For example, we have had advisories and bans on Ebola and Avian influenza (Bird flu).

A danger to public safety

Persons who could endanger the safety of Canadians could become inadmissible to Canada. Some examples include the following:

  • certain impulsive sociopathic behaviour disorders;
  • some aberrant sexual disorders such as pedophilia;
  • certain paranoid states or some organic brain syndromes associated with violence or risk of harm to others;
  • applicants with substance abuse leading to antisocial behaviours such as violence and impaired driving; and
  • other types of hostile, disruptive behaviour (source).

Causing excessive demand

If your health condition results in any of the following, you may not immigrate to Canada:

  • Increasing the medical wait time of Canadians to the point that the rate of mortality or morbidity increases or
  • putting a significant strain on the amount of money the Canadian universal healthcare system has to spend for you.

You may ask, what does significant strain mean? The current figure is $25,689 annually (last updated January 1, 2023). The officers usually consider five years for their calculations. In other words, you may become inadmissible if your expenses exceed $128,445 for five years from entering Canada. Honestly, I simplified the matter as much as possible. Still, the calculations and factors you need to consider are much more complicated than this regarding excessive demand.

Exemptions

Nobody is exempt from the danger to public health and safety provisions, but the following people are exempt from the excessive demand:

Who conducts medical examinations?

A panel physician conducts medical examinations (exceptions exist). A typical medical exam consists of an interview, a physical examination, laboratory tests, and a chest x-ray. Depending on your health conditions and application type, a medical exam’s scope could change. The IRCC website posts the list of panel physicians.

The panel physician uploads your information to a secure website. A medical officer reviews the report and then informs your immigration officer whether or not you pass the medical examination. They issue you a medical certificate if you pass, but they usually do not share it with you. The immigration officer may request further tests or send you a procedural fairness letter.

What is a Procedural Fairness Letter?

If you receive a procedural fairness letter, the officer suspects or believes you are inadmissible to Canada because of medical issues. If you agree with them, you may not immigrate to Canada. However, you could fight back. Consult with a professional if you have received a procedural fairness letter. Don’t take this matter lightly.

Medical examination for temporary status

Immigration officers may request medical tests for temporary cases as well. For example, you may receive a medical examination request for your TRV (visitor’s visa), TRP, Study Permit, or Work Permit applications. Generally speaking, most people do not receive such correspondence, but you have to comply if you do.

You may face limitations if you do not undergo a medical examination for your work permit. For example, you may not work in:

  • childcare services,
  • healthcare services,
  • primary or secondary schools, and
  • farming industry if you are from a particular country.

If you are from certain countries and want to work for more than six months in Canada, you must undergo a medical examination.

Medical surveillance

Sometimes the officers allow you to enter Canada but ask you to undergo medical surveillance. In other words, you need to introduce yourself to the healthcare authorities of your province of destination. Then they will examine you now and again. The surveillance is usually every six months for five years or so.

Overcoming medical inadmissibility

If you receive a procedural fairness letter, you may try to fight back, but if you fail, you may consider the following solutions:

Consider reading my article on the subject of the upfront medical exam.

We could help!

If you face medical inadmissibility or other immigration issues, fill out the following form. Alternatively, you may book a consultation session with me.

    Welcome! We're here to help you with your immigration concerns. Please provide some initial information to help us understand your situation and guide you better. Your journey towards resolving immigration issues begins here.

    Personal Information

    Full Name (required)

    Email (required)

    Confirm Email (required)

    WhatsApp number (optional)

    Immigration Concerns

    Are you inadmissible to Canada?

    YesNoI don't know

    Have you received a removal order from Canada?

    Yes, DepartureYes, ExclusionYes, DeportationYes, type unknownNoI don't know

    Any other issues (select all that apply)?

    Do you believe humanitarian and compassionate grounds apply to you?

    YesNoI don't know

    Please explain the issue briefly:

    Additional Resources

    Upload a file that could help us better understand your situation - only PDF, JPG or PNG and less than 0.5MB. Examples of helpful documents include: refusal letters, other correspondence from immigration authorities, etc.

    Your Next Step

    If you prefer to discuss your situation directly, you can book a consultation session with Al Parsai. Please note that the consultation is not free. By submitting this form, you're taking the first step towards receiving professional guidance on your immigration journey. We will review your information and advise if it is best to book a consultation with him.

    We take your privacy seriously. Your information will only be used to assess your situation and to contact you.

    Client Testimonials

    We are proud to have a rating of 4.8/5 based on tens of reviews. Here's what one of many of our satisfied clients had to say about our services:

    A testimonial by a satisfied consultation client.

    You can find more reviews by searching for "Parsai Immigration Services" on Google.

    Related Posts

    High-Skilled, Low-Skilled, High-Wage, Low-Wage Jobs in Canada

    May 26, 2024

    Immigration Agencies in the US and Canada: A Comparison

    May 18, 2024

    Innovation Stream Pilot Work Permit in Canada – IMP C88

    May 16, 2024

    Comparing the Standard of Proof in Canada and the United States

    May 12, 2024

    If you wish to visit or move to Canada, please fill out our free assessment form. We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licenced practitioner.

    Al Parsai, MA, DTM, RCIC
    Regulated Canadian Immigration Consultant
    Ashton College Instructor – Immigration Consulting
    Author – 88 Tips on Immigration to Canada

    Fill our Free Canada Immigration Assessment Form in your language!

    Disclaimer:
    This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.

    The characters and places in the articles:
    All the characters and locations in the articles are fictional, unless otherwise clearly stated. Therefore, any resemblance in names, dates, and places is coincidental.

    Important Notes:
    For our official addresses, trust this website only. We currently do not have offices outside Canada. Therefore, anyone who claims to be our agent is committing fraud. Also, note that we do not issue any work permits or study permits or similar documents. The government of Canada has the sole authority to issue such material.

    Click to read the disclaimer.

    Al Parsai

    This article has been expertly crafted by Al Parsai, a distinguished Regulated Canadian Immigration Consultant (L3 RCIC-IRB – Unrestricted Practice) hailing from vibrant Toronto, Canada. Al's academic achievements include an esteemed role as an adjunct professor at prestigious Queen's University Law School and Ashton College, as well as a Master of Laws (LLM) degree from York University. A respected member of CICC and CAPIC organizations, Al's insights are further enriched by his experience as the dynamic CEO of Parsai Immigration Services. Guiding thousands of applicants from over 55 countries through the immigration process since 2011, Al's articles offer a wealth of invaluable knowledge for readers.