Canada Abroad

Are you Medically Inadmissible to Canada?

Many people who are seeking to immigrate to Canada from South Africa, or any other country in the world, may not be aware that a medical condition could make them and their family members inadmissible to Canada.

“Inadmissible” means that the applicant and their accompanying family members would not be allowed entry into Canada. Someone can be inadmissible to Canada for many reasons which include the following:

  • They are a security risk to Canada
  • They have committed human or international rights violations,
  • They have been convicted of a crime, or they have committed an act outside Canada that would be a crime in Canada
  • They have ties to organized crime,
  • They have a serious health problem,
  • They have a serious financial problem,
  • They lied in their application or in an interview,
  • They do not meet the conditions in Canada’s immigration law, or
  • One of their family members is not allowed into Canada.

We will only be focusing on medical inadmissibility in this week’s article.

When assessing whether or not an applicant would be inadmissible to Canada for medical reasons, Citizenship and Immigration Canada looks at whether or not the medical condition would do one of the following:

  • Pose a threat to Canadian public health
  • Pose a threat to Canadian public safety
  • The medical condition would be likely to cause an “excessive demand” on either the health services of Canada or the social services of Canada

When determining if the condition would pose a threat to Canadian public health they look at whether or not “the communicability of any disease that the foreign national is affected by or carries; and the impact that the disease could have on other persons living in Canada”. Conditions which can be found to be a threat to Canadian public health include Pulmonary Tuberculosis (TB) and untreated Syphilis.

When determining if the condition would pose a threat to Canadian public safety they look at whether or not “the risk of a sudden incapacity or of unpredictable or violent behaviour of the foreign national that would create a danger to the health or safety of persons living in Canada”. Conditions which can be found to be a threat to Canadian public safety include serious uncontrolled and/or uncontrollable mental health problems such as:

  • certain impulsive sociopathic behaviour disorders;
  • some aberrant sexual disorders such as pedophilia;
  • certain paranoid states or some organic brain syndromes associated with violence or risk of harm to others;
  • applicants with substance abuse leading to antisocial behaviours such as violence, and impaired driving; and
  • other types of hostile, disruptive behaviour.

When determining if the condition would cause an “excessive demand” they look at the financial costs that are likely to be incurred for treatment. The current excessive demand threshold is $6,387 Canadian Dollars per year for five consecutive years from your most recent medical examination. This results in a threshold of $ 31,935 Canadian Dollars. If your condition is likely to cause an excess of this amount for treatment then you could be found to be inadmissible to Canada.

If you a medical officer determines that you could be medically inadmissible you will be given a procedural fairness letter before they deny your application. This will allow you an opportunity to submit any information you feel is relevant, such as updated medical documents or your plan to mitigate the excessive demand financially. The onus will be on you to prove why you should not be found inadmissible to Canada.

Examples of what you can submit to support your case include:

  • Planned alternatives to using the Canadian medical system, such as out-patient medications
  • A feasible plan to show you will still be obtaining the same quality and service delivery of care if you pay for it yourself (you will not be taking worse treatment than you would have been provided with)
  • That a fund or organization will be sponsoring your treatment (that is not funded by a federal, provincial or territorial government)

Depending on the document submitted it may be reviewed by either the Visa Officer or the Medical Officer.

Once a procedural fairness letter has been sent to you one of the following will happen:

  • You fail to respond within the required 60 days and a determination will be made on your file “as is”
    • Can be found inadmissible or inadmissible
  • You challenge the medical opinion
    • They may withdraw their findings and request new information to reach a new determination. Once this has been completed you will be found to be admissible or inadmissible
    • They maintain their decision as sufficient information was not provided and you will be found to be admissible or inadmissible
  • You challenge the excessive demand assessment
    • They may withdraw their findings and request new information to reach a new determination. Once this has been completed you will be found to be admissible or inadmissible
    • They maintain their decision as sufficient information was not provided and you will be found to be admissible or inadmissible

Please keep in mind that this is a general overview. Dealing with a medical inadmissibility issue is a complex process and not every case is the same.

Medical conditions which have caused issues in the past include, but are not limited to the following:

  • HIV
  • AIDS
  • Cancer
  • Kidney failure
  • Syphilis
  • Tuberculosis
  • Osteoarthritis
  • Autism
  • Down’s Syndrome
  • Cognitive disabilities
  • Schizophrenia

If you require assistance or want to find out if your condition may be an issue, contact us today!

deanne@canadaabroad.com

https://www.canadaabroad.com/contact-us/

 

CIC Medical

 

Citizenship and Immigration Canada’s Procedural Fairness Diagram from http://www.cic.gc.ca/english/resources/tools/medic/admiss/excessive.asp