Medical Inadmissibility

Just like a criminal record, medical inadmissibility can also cause a person to be turned away at the border and deemed inadmissible to Canada. To apply to any type of immigration, you must comply with various inadmissibility criteria, one of which is a medical exam. A medical exam is mandatory to those who wish to visit, study, work or settle permanently in Canada with an exception of a few groups of people. If you fail a Canadian Immigration Medical Exam (IME), you might be considered to be inadmissible to Canada.

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What is Medical Inadmissibility?

Medical inadmissibility means that you did not meet the health qualifications to enter Canada. This is assessed based on an Immigration Medical Exam (IME) by an authorized physician that is mandatory for certain immigration applications. An  IME consists of a standard medical exam, involving a blood and urine test, and x-rays. 

Based on the results from this exam, medical inadmissibility is typically determined based on three primary factors from Section 38 of the Immigration and Refugee Protection Act: 

  1. Risk to Public Health
  2. Risk to Public Safety
  3. Excessive demand on Canada’s publicly funded Health or Social Services

These regulations apply to all people attempting to enter Canada and does not change due to different financial resources.

Risk to Public Health

A health condition that may deem you to be a risk to the public’s health depends on the infectious nature of the disease and the risk of transmission of the disease. 

Some health conditions that Canada considers to be a risk to public health include, but not limited to: 

  1. Untreated Syphilis 
  2. Active Tuberculosis 
  3. Infectious Hepatitis B or C 

Risk to Public Safety

Canada determines whether you are a danger to public safety by assessing your health conditions or your history of behaviour considered unpredictable or violent. This can include a disorder or a condition that could lead to sudden loss of physical or mental capabilities, impaired judgment or behaviour that could put others in danger.

Immigration, Refugees and Citizenship Canada (IRCC) will thoroughly assess the stability, treatment and risk level of each individual case. 

Some conditions that Canada considers to be a risk to public safety include:

  1. Unmedicated severe Schizophrenia 
  2. Severe epilepsy
  3. Neurodegenerative disorders that affect judgment or motor control 

Excessive Demand On Canada’s Public-Funded Health Or Social Services

The IRCC frequently updates the cost threshold used to determine whether the applicant’s health condition is an excessive demand on publicly funded health or social services. 

A health condition is seen as excessively demanding if: 

  1. The necessary health or social services to treat or manage your condition will adversely affect medical service wait times for Canadians, and/or
  2. The cost associated with treating and managing your condition is projected to exceed the cost threshold that IRCC puts into place. For 2025, it is set at $135,810 CAD over five years or $27,162 CAD annually. 

However, some application groups are exempt from this threshold:

  1. Refugees 
  2. Protected persons.
  3. Certain individuals sponsored by Canadian family members, such as dependent children, spouses, and common-law partners 

Some conditions that may exceed the 2025 cost threshold are:

  1. Cancer (ongoing treatment)
  2. Organ failure requiring transplant 
  3. Severe brain injury

Do I Need an Immigration Medical Exam?

An Immigration medical exam (IME) is a mandatory step for many individuals planning on visiting, working, studying or immigrating to Canada. 

If you plan on being a short-term visitor to Canada for six months or less, you usually are not required to complete a medical exam, but there are a few exceptions to short-term visitors:

  1. You will be working in Canada in an occupation that may require close contact with the public, such as healthcare, child-care or primary/secondary school, or clinical laboratory work.
  2. You are an agricultural worker who has been in a designated country for six months or more in a row the year prior to arriving in Canada. 

If you are a long-term visitor planning on staying more than six months in Canada, and you apply to one or more of these three qualifications, you are required to complete an IME: 

  1. You have lived or visited one of these countries for six months or more in a row the year before you came to Canada 
  2. You will be working in Canada in an occupation that may require close contact with the public, such as healthcare, child-care or primary/secondary school, or clinical laboratory work
  3. You are applying for a parent and grandparent super visa

If it is required of you to complete and pass an IME, the visa office will instruct you on what to do next. 

What Are My Options if I am Found Medically Inadmissible?

  1. If you are found medically inadmissible to Canada, you may still enter Canada with a Temporary Resident Permit. You may apply for a TRP if you are planning on a short term temporary visit to Canada with a pressing need. You can apply through the Canadian consulate in advance or through a Port of Entry (POE). Read more about how to apply for a TRP here.
  2. You may be sent a Procedural Fairness Letter (PFL) by IRCC if your medical exam indicates that you may be medically inadmissible prior to receiving a refusal for your immigration application. A PFL is a notice that gives you a chance to respond to your refusal and address or refute the medical concerns that the IRCC might have about your case. You are typically given a short period of time consisting of around a week to a month to respond to the letter.
  3. In this case, you may retain a lawyer to write a legal opinion letter for you. A legal opinion letter will summarize why you should not be deemed medically inadmissible, citing the relevant laws and evidence that your medical condition will not exceed the cost threshold of Canadian funded health or social services. You may need to provide proof that you have the funds to support your condition without causing excessive demand on health services. A legal opinion letter may also present a humanitarian and compassionate reason as to why you should be exempted from the medical inadmissibility criteria.
  4. You may also appeal the decision of the IRCC deeming you to be medically inadmissible by calling for a judicial review in the Federal Court of Canada. If your appeal is approved, a judge may order another medical examination and/or another assessment by a new IRCC official.

How Can a Lawyer Help Me Overcome Medical Inadmissibility to Canada?

Our Canadian immigration lawyers at Canadim can help make sense of the complex nature of medical inadmissibility and help you determine the best course of action if medical issues will impede your chances of coming to Canada.

 

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If you have questions or concerns relating to medical issues and inadmissibility please contact us and a member of the Canadim Team will be happy to discuss your options.

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