Individuals who are otherwise qualified to immigrate to Canada may have their applications refused if they, or any of their dependants, are found to be medically inadmissible.
An individual may be medically inadmissible due to a health condition that is likely to be a danger to the public health or safety of Canadians or due to a condition that is likely to cause excessive demand on Canada’s health and/or social services. The excessive demand component is waived in the case of spousal/common-law and child sponsorships.
Canada’s policy with regard to would-be immigrants who have mental or physical disabilities is evolving.
Recently, the Supreme Court of Canada weighed in on the matter of “excessive demand” and ruled that Canadian immigration authorities were wrong to declare an applicant’s dependent medically inadmissible without first considering the resources the family had at their disposal to help defray social and medical expenses.
If you are concerned that you or any of your dependents may have a medical condition that could adversely affect your Canada immigration plans you can retain our law firm to provide you with a detailed assessment of the risk factors associated with the particular medical issue(s).
If warranted in your particular situation, we can do the following:
- Written Legal Opinion – Our letter, including supporting documents, will advocate the reasons why you should not be considered medically inadmissible to Canada. This letter will include a plan of action that will address the issues of cost and availability of medical/social services in Canada with the goal of demonstrating that the particular medical condition will not cause excessive demand on Canadian resources;
- Appeal – Refusals due to medical inadmissibility that are wrong in fact or in law may, in certain instances, be appealed to the Federal Court of Canada.
In certain circumstances, an individual who does not meet the Canadian medical requirements may be granted a Temporary Resident Permit (TRP) to enter Canada.
Contact Us to see how we can help you with your immigration problem
