All applicants for Permanent Residence and certain Temporary Status categories in Canada, including Visitor visa, Study Permit, and Work Permit, are required to undergo a medical examination by an authorized Panel Physician. These examinations typically consist of a standard physical exam, including blood tests, urine tests, and x-rays, as well as evaluations of the applicant’s prior medical history and mental state.
In certain circumstances, an individual’s application may be denied on medical grounds and deemed Medically Inadmissible. This may occur if granting Permanent Residence status would result in an excessive demand on Canada’s social or health services, or if the individual’s condition poses a risk to the health or safety of the Canadian population.
It should be noted that the excessive demand component does not apply to individuals being sponsored for Family Sponsorship under the categories of Spouse, Common-law partner, Conjugal partner and Dependent children of the sponsor. However, even in these cases, the sponsored individual may still be refused if their condition is considered to be a danger to Canadian public health or safety.
Medical Inadmissibility is a determination made by Immigration, Refugees and Citizenship Canada (IRCC) under subsection 38(1) of the Immigration and Refugee Protection Act. It pertains to individuals with a medical condition that may pose an excessive demand on Canada’s health care or social service system. The determination is based on the projected cost of care, which must exceed $20,517 CAD per year.
This determination is commonly made in the context of Parental Sponsorship applications, due to the age of elderly parents, and may also apply to other Permanent Resident applications. In the event of a finding of Medical Inadmissibility, the individual will receive a Procedural Fairness Letter (PFL) outlining the reasons for the determination and the individual’s right to respond.
How to Overcome Medical Inadmissibility in Canadian Immigration Process?
To overcome a finding of Medical Inadmissibility, a proper response must be submitted to the PFL, along with a secondary opinion or diagnoses and a comprehensive medical plan outlining how the individual’s condition will be managed in Canada.
If you have received a Procedural Fairness Letter (PFL) from Immigration, Refugees and Citizenship Canada (IRCC) regarding potential Medical Inadmissibility, it is highly recommended that you seek professional assistance in drafting an appropriate response. Many individuals may not fully understand the severity of the situation and may submit additional documents on their own without fully understanding the legal significance of a medical inadmissibility finding and how it can be prevented.
Timing is critical in these situations, as steps can be taken before a decision is made on your application to improve the outcome. It is important to be proactive, rather than waiting until your application is refused. If you or a dependent family member has a medical condition, it is advisable to contact a professional immigration law firm to discuss your options.
Many medical and psychological conditions, including developmental delays, can lead to a refusal of an immigration visa. It is essential to respond with a well-researched and convincing medical immigration plan that is supported by evidence and presented in a substantive manner for the best possible outcome. A professional immigration law firm can assist in preparing and drafting a comprehensive plan to address any concerns raised by IRCC regarding Medical Inadmissibility.
Strict deadlines associated with initiating a judicial review in the context of immigration law
It is imperative to be aware of the strict deadlines associated with initiating a judicial review in the context of immigration law. The Federal Court has established specific timeframes for filing an application for leave and judicial review, which vary depending on the origin of the matter. In the event that the matter arises within Canada, an individual has only 15 days from the receipt of the refusal letter to file the application. Conversely, if the matter arises outside of Canada, the individual has 60 days from receipt of the refusal letter to file the application.
It is important to note that while extensions of time may be granted, they are only granted in cases where there are special reasons for the delay. Therefore, it is crucial to act swiftly and efficiently in order to ensure that the application is filed within the prescribed time frame. This requires a thorough understanding of the legal process, as well as the ability to navigate the complexities of the immigration system. Our immigration firm is well-equipped to assist you in this regard and ensure that your application is filed within the strict deadlines imposed by the Federal Court.
Examples of conditions that may be considered for overcoming medical inadmissibility in the context of Canadian immigration
The list provided includes several examples of conditions that may be considered for overcoming medical inadmissibility in the context of Canadian immigration. However, it is important to note that each case is unique and must be evaluated on an individual basis. The conditions listed are not exhaustive and there may be other medical conditions that may also be considered.