Medical Inadimissibility
Medical Inadimissibility :
The immigration department is often sensitive to individuals’ health status showing interest in living and entering Canada. For instance, a foreign national is deemed inadmissible if their health status:
Possess danger to the public health of the Canadian society (the communicability of any disease affecting or carrying a foreign national; and the effect the disease may have on those in Canada)
Possess danger to the public safety of the Canadian society (Thereis a consider able chance of the unexpect edin capacity or erratic behaviour of the for eign nationals, which would create a threat to the health or wel fare of people livingin Canada.)
Possibly capable of causing excess health resources and other social services. Such services might include the resources required to treat the condition, projected to affect the medical service wait tie in Canada. Similarly, inadmissibility may also occur on health grounds if the resources needed to treat and manage a condition exceeds average Canadian health and service abilities (health resources usable per person).
Medical inadmissibility laws don't apply to those who are:
refugees, their dependants.
protected people.
sponsored by members of their families including spouses, children and common-law partners.
Overcoming medical inadmissibility
If a person is believed to have medical inadmissibility then they will be sent a procedural fairness letter that explains the reason for their inadmissibility. The aim of a procedural fairness letter is to provide an opportunity for an applicant to respond to the claim of inadmissibility. A person will receive this letter before a final decision is made on their application and will have the opportunity to submit information to respond.
If you do receive a procedural fairness letter, then you can
- Immigration to Canada under Humanitarian and Compassionate considerations (H&C)
- Receiving a Temporary Resident Permit (TRP)
It is highly advised to retain qualified legal support to draft an applicable response when you are given a procedurally fairness letter from the IRCC.
Below is a list of conditions where medical inadmissibility can be overcome which include, but are not limited to:
Chronic Kidney Disease
Crohn's Disease
Cardiac Disease
Diabetes
Cancers
Autoimmune Disease, i.e.: HIV, Lupus
Learning Disabilities to Pervasive Development Disorder requiring special education
Autism
Cerebral Palsy
Down Syndrome
Psychiatric Disorders
Hepatitis B and C and Liver Disease
Blood Disorders
Tuberculosis
Brain Disorders
Rare Diseases and Conditions
Total Knee Replacement
