Removing limitations on a work permit because of a missing medical exam

Author: Al Parsai, LL.M, RCIC-IRB
Last Updated On: October 27, 2022
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Sometimes you need to go through a medical exam because of the nature of the job you will be doing in Canada. Of course, the officers won’t issue work permits of this nature without a medical exam. However, if you already have your work permit and the medical exam is missing, you must ask IRCC to remove the conditions. Otherwise, you won’t be able to take those jobs. This article focuses on removing limitations on a work permit because of a missing medical exam. Nonetheless, it does not address other constraints. For example, you may not change your employer by removing this limitation.

Occupations that require medical exams

Paragraph 30(1)(a)(ii) of the Immigration Regulations imposes limitations on foreign workers. According to this paragraph, foreign nationals, who work in an occupation in which the protection of public health is essential, require a medical examination. However, it falls short to list those occupations.  Here is a list of those occupations:

  • workers in health care settings;
  • clinical laboratory workers;
  • patient attendants in nursing and geriatric homes;
  • medical students admitted to Canada to attend university;
  • medical electives and physicians on short-term locums;
  • workers in primary and secondary school settings and workers in child-care settings;
  • domestics;
  • workers who give in-home care to children, the elderly and the disabled; and
  • daycare employees.

I took this list from the IRCC guidelines for immigration officers. Nonetheless, the list is subject to change.

Removing limitations because of missing a medical exam

You may remove the restrictions. However, the way you handle this issue depends on whether you have already received your work permit or not.

Workers who have received their approval but have not entered Canada yet

If you have received your work permit approval letter, but have not entered Canada yet, take the following steps:

  1. Refer to a panel physician and get an upfront medical exam.
  2. Bring your work permit approval letter and the proof of the upfront medical exam to the port of entry.
  3. A border officer will review the documents and will issue the work permit without limitations.

Of course, beware of medical problems that could cause inadmissibility. Also, stay away from misrepresentation. Keep in mind; the final say is by the border officer.

Workers who are already inside Canada with a valid work permit that has limitations due to a missing medical exam

In this situation, you must apply for a new work permit. However, the process is relatively less complex. Here are the steps you need to take:

  1. Refer to a panel physician and get an upfront medical exam.
  2. Fill out the IMM 5710 form, but fill out the details of the work based on the following picture:
  3. Submit a complete work permit application online with all the required documents.

I add a cover letter for my clients and explain the rationale.

Let us help with the work permit and medical exam issues!

If you are facing limitations on your work permit and intend to remove them, contact us. Of course, the restrictions could be due to a missing medical exam or other issues. Nonetheless, you may fill out our assessment form or book a consultation session.

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Al Parsai, LLM, MA, RCIC-IRB
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Adjunct Professor, Queen’s University Faculty of Law

Instructor, Ashton College, Immigration Consulting Program

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Al Parsai, LL.M, RCIC-IRB

Al Parsai is 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 (Osgood Hall Law School). A respected member of CICC, 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.