Overcome Medical Inadmissibility to Canada
All applicants for a Canadian immigration visa, as well as some seeking temporary status in Canada, must undergo a medical examination.
Typically, these medical evaluations consist of a standard physical exam, including blood and urine tests, along with x-rays. Additionally, prior medical history and the applicant’s mental health will be assessed. If you have been denied admissibility to Canada for medical reasons or are worried about potential medical inadmissibility, there are still options available to you.
Table of Contents
- Conditions for Medical Inadmissibility
- Overcoming Medical Inadmissibility
- Applying for a Temporary Resident Permit to Overcome Medical Inadmissibility
- Have you Received a Procedural Fairness Letter?
- Frequently Asked Questions
Conditions for Medical Inadmissibility
Applicants for a Canadian immigration (permanent residence) visa can be deemed medically inadmissible if:
Their medical condition poses a reasonable risk to the health or safety of the broader Canadian population, or
Their admission is likely to create an excessive demand on Canada’s publicly funded health and social services.
When assessing medical inadmissibility, the medical officer must consider the nature, severity, and expected duration of any health impairment, as well as other relevant factors, such as:
The risk of contagion,
Unpredictable or unusual behavior that could pose a threat to public health and safety, and
Whether the individual’s required social or health services would place an excessive burden on the system, potentially depriving Canadian citizens of necessary services.
For those facing refusals based on medical inadmissibility in the context of permanent residency, there are avenues for legal recourse. Applicants can argue that their medical treatment costs will not exceed the average expenses incurred by Canadians or highlight significant humanitarian and compassionate reasons that justify an exception.
This can be achieved by responding thoroughly to a procedural fairness letter from the government prior to a refusal or by pursuing a judicial review in the Federal Court of Canada if the decision seems unreasonable.
NOTE: The excessive demand clause is waived for dependent family members (spouse, common-law partner, conjugal partner, and dependent children) under the Family Sponsorship category of Canada immigration. However, these individuals may still be refused if their health condition is likely to pose an excessive risk to public health or safety.
Overcoming Medical Inadmissibility
A finding of medical inadmissibility can be challenged, depending on the individual’s health condition. Examples of health conditions that may be considered include, but are not limited to:
Chronic Kidney Disease
Cardiac Disease
Crohn’s Disease
Diabetes
Various Cancers
Autoimmune Diseases, such as AIDS and Lupus
Learning Disabilities associated with Pervasive Development Disorder requiring special education
Autism
Cerebral Palsy
Down Syndrome
Psychiatric Disorders
Blood Disorders
Hepatitis B and C
Liver Disease
Tuberculosis
Brain Disorders
Rare Diseases and Conditions
Total Knee Replacement
In some cases, individuals who do not meet Canadian medical admissibility standards may still be granted a Temporary Resident Permit (TRP) to enter Canada and address their medical inadmissibility, particularly for temporary stays.
Applying for a Temporary Resident Permit to Overcome Medical Inadmissibility
Once you or your immigration lawyer have gathered all necessary documents for a Temporary Resident Permit (TRP) application, the next step is to submit it to the Canadian immigration authorities for review.
Canadian Consulate Applications
If you are a U.S. citizen or a permanent resident of the United States, you can submit your TRP application at any Canadian consulate or port of entry (land, sea, or air).
Applying through a Canadian consulate typically involves a longer processing time of 3 to 6 months, but it is often the preferred method. This is because an experienced immigration officer will evaluate your application, considering the reasons justifying your entry into Canada.
To apply, you’ll need to provide an application along with supporting documents that explain your medical inadmissibility and the reasons why your entry may be warranted.
Port of Entry Applications
For foreign nationals with last-minute travel plans, applying for a TRP at a port of entry is an option. These applications can be processed immediately at airports, land crossings, or sea entry points where a passport is required.
In this case, a Canadian immigration officer will assess the individual’s need to enter Canada against any potential risks to public health and safety. Applicants must demonstrate that their entry is justified on health grounds.
Advantages and Disadvantages of Port of Entry Applications
The main advantage of applying at a port of entry is the speed, as TRPs can sometimes be granted in just minutes. However, the downside is the uncertainty; there’s no guarantee of approval or denial from the immigration officer handling your case. If denied, you will not be permitted to enter Canada until you secure approval from a Canadian consulate.
If you are from a visa-exempt country, be sure to follow the specific guidelines for your nation, as application forms may vary.
Government Application Fee
Each TRP application incurs a fee of $229.77 CAD.
Have you received a Procedural Fairness Letter?
If you’ve received a procedural fairness letter, it’s important to act quickly, as you typically have a limited time to respond.
You usually have between 7 to 30 days to submit your response. To enhance your chances of achieving medical admissibility, it’s advisable to include a legal opinion letter in your response. This letter should reference any relevant laws, case precedents, and supporting evidence to strengthen your case.
About THE MILLENNIUM IMMIGRATION
THE MILLENNIUM IMMIGRATION is one of Canada’s top immigration law firms, with over 11 years of experience and a team of more than 60 dedicated Canadian immigration attorneys, paralegals, and professionals.
Founded in 2013, themillenniumimmigration.com serves as the online hub for THE MILLENNIUM IMMIGRATION. Since its inception, it has become one of the most trusted resources for information on immigration to Canada. Reach out to us, and let us assist you with your inadmissibility concerns.