Foreign nationals may be found to be inadmissible to Canada for
health reasons under Section 38 of the Immigration and Refugee Protection Act
(IRPA) but permanent residents cannot. Individuals who become medically unwell
after they are admitted as permanent residents cannot be found inadmissible for
medical reasons later on.
Mandatory
medical exams form part of the immigration process. All permanent residence
applicants, and some temporary residents, are required to complete a medical
exam by a panel physician. Temporary residents who are working in health, with
children, or as a caregiver, as well as those who are in Canada for 6 months or
more after living in a designated country, and those applying for a Super Visa,
require a medical exam.
Who does this apply to?
A
foreign national may be found to be medically inadmissible if their condition
might reasonably be expected to be a danger to public health, public safety, or
might reasonably be expected to cause excessive demand on health or social
services. Excessive demand is defined as anticipated costs that would likely
exceed the Canadian average per capital over a five-year period or negatively
affect wait times for health and social services in Canada.
What do they check?
Medical exams include physical and mental
examinations, a review of past medical history, and tests. An applicant may be
placed under medical surveillance instead of being refused on medical grounds,
so that their inactive tuberculosis, for example, can be closely monitored.
Importantly, some applicants such as spouses,
dependent children, and protected persons cannot be refused for excessive
demand. Medical inadmissibility is complicated, and A&M Canadian Immigration Law Corporation can assist applicants to respond with a plan to
mitigate medical inadmissibility and increase their chance of success.
