When we hear the word ‘inadmissibility’ in the scope of Canadian immigration, it is much more likely that we consider criminality than medical inadmissibility.
What makes someone medically inadmissible to Canada?
Determining medical inadmissibility to Canada begins with standard medical examinations such as blood and urine tests as well as x-rays. Furthermore, Canada assesses both the prior medical records and mental state of an immigration applicant to make a final decision on whether the individual is admissible to Canada based on their health. After being assessed, if you are deemed medically inadmissible to Canada, it will be for one of three reasons.
Danger to public health
Based on things like medical exam results and health history, a determination has been made that an individual’s health condition will endanger public health.
Danger to public safety
After assessing an individual’s potential for sudden mental or physical incapacity as well as their risk of unpredictable or violent behaviour, officers have decided that they are a public safety threat due to their health.
Excessive demand for health/social services
If deemed inadmissible under this provision, it has been decided that the individual’s health condition will put a strain on health and/or social services in Canada by negatively affecting service wait times or requiring excessive spending because “the services needed to treat and manage the health condition would likely cost more than the excessive demand cost threshold.”
According to the Canadian government, the 2022 excessive demand cost threshold is $24,057 per year ($120,285 over five years)
Below is a list of conditions where medical inadmissibility can be overcome which include, but are not limited to:
- Chronic Kidney Disease
- Cardiac Disease
- Crohn’s Disease
- Diabetes
- Cancers
- Autoimmune Diseases (ex. AIDS, Lupus)
- Learning Disabilities
- Autism
- Cerebral Palsy
- Down Syndrome
- Psychiatric Disorders
- Blood Disorders
- Hepatitis B & C
- Liver Disease
- Tuberculosis
- Brain Disorders
- Rare Diseases and Conditions
- Total Knee Replacement
Additionally, people deemed medically inadmissible to Canada will have two ways to challenge this declaration.
Method 1: Procedural fairness letter
Individuals who may be classified as medically inadmissible will receive an explanation, prior to a final decision being made on their application, through a procedural fairness letter.
Responses to a procedural fairness letter must be submitted within 90 days of receiving the letter, or the individual must contact Immigration, Refugees, and Citizenship Canada (IRCC) through the contact information on the procedural fairness letter) before the 90 days is up to request an extension
Method 2: Mitigation plan
In certain situations, as decided by IRCC, some individuals who have received a procedural fairness letter for excessive demand may be given the chance to submit a mitigation plan detailing how they will ensure their health does not cause excessive demand on Canada’s health or social services.
Again, a completed mitigation plan (and any additional information) must be sent off according to the contact information on the procedural fairness letter.
Getting help with handling a medically inadmissible designation
It can be hard to understand how medical inadmissibility works, especially when trying to understand this complex subject matter on your own. However, retaining an immigration lawyer can make things a lot easier. Immigration law professionals can:
- Help prepare any necessary documents
- Ensure that mistakes are avoided
- Respond on an individual’s behalf to the Canadian government
- Use their expertise to avoid unnecessary delays throughout the different steps in the medical inadmissibility process
