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

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

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    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.

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    Al Parsai

    Al Parsai is a Regulated Canadian Immigration Consultant (RCIC) in Toronto, Canada. He also teaches immigration courses at Ashton College in Vancouver, Canada. Al, who holds a Master of Laws (LLM) degree from York University, is a member of ICCRC and CAPIC organizations. Al, the CEO of Parsai Immigration Services, has represented thousands of applicants from more than 50 countries to the immigration authorities since January 2011.

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