General Questions - Transgender International Student

[fawx89]

Hello!

I'm a MtF transgender individual currently in my last year of university in Canada. As I look ahead at the future, I am starting to worry about future work permit and permanent residence visa applications. As a bit of background, I've been in Canada for about 4 years, and currently hold a work position with a company who is willing to sponsor me for any permits/visas to remain in Canada.

Mainly, however, my concern has to do with issues around the clause of medical inadmissibility. I've done lots of reading all over and haven't been able to find a definitive answer to these questions. I've also reached out to an immigration advisor and two immigration lawyers for help, but I figured I'd post here as well to see if anyone has had personal experience with this.

(1) With Bill C-16 passing and gender identity now being protected under Canada's Charter, is being transgender considered a physical or mental disorder by IRCC/CIC? I ask because this question pops up a lot on many immigration-related forms: "Do you have any physical or mental disorder that would require social and/or health services, other than medication, during a stay in Canada?" Thus far, I've indicated 'No' in my past applications for my study permits and extensions. However, I tend to worry a lot and now I am not so sure.

(2) I understand that there is a certain cost threshold that determines whether an individual becomes medically inadmissible in Canada. The hormones/medications I've been taking have been mostly covered by my province's healthcare. Additionally, I recently had some relatively low cost (as far as I know) gender affirming surgery by a surgeon in the province. I have no immediate plans to get the full bottom surgery within the next 5 or even 10 years, and even if I do, my family is willing to foot the cost for private care either in Canada or in another country. How much will these factors negatively impact any of my applications for work permits and permanent residence visas? Have I disqualified myself from immigrating to Canada just by being transgender?

That is all for now.

 

[scylla]

When the medical assessment is completed as part of the PR process, CIC looks to ensure that individuals will not exceed $6,500 in medical costs per year in the next 5-10 years. This includes any costs covered by the province such as your medication and also surgery. Chances are high your gender confirmation surgery exceeded this annual threshold (it doesn't take much to rack up expenses when surgery is involved - even though you don't pay or see these costs).

I don't think any of us here can predict what will happen. If we could go back in time, I would have recommended that you have the confirmation surgery outside of Canada since this would have significantly helped to support your argument about the bottom surgery. But what's done is done and you can't change that now.

Your medical assessment will depend on the cost of the medication you are receiving now (which I assume falls well below the threshold). As well, CIC may ask about future surgeries. Or they may not, it's really impossible for us to say. CIC won't look at it from the perspective of being a medical or physical disorder. If they consider future surgeries, what they will be assessing is the likelihood you will have more surgeries given your medical history to date.

The short answer is that it's a complex question and none of us here can answer it or predict the future. You'll simply have to go through the PR process and hope for the best. I would recommend you dedicate time to researching historical threads on fairness letters on this forum. Should CIC raise concerns, you will receive the fairness letter and have an opportunity to address them. You'll want to understand what these look like and how individuals in the past (with different situations) have responded. Generally speaking, saying you will have the surgery outside of Canada or pay for it yourself will not work (since this isn't legally binding and you can do whatever you want once you are a PR). What you would be looking to prove is that you have no plans to have further surgeries of any kind. Of course it may not come down to this. Again, unfortunately impossible for any of us to say.

 

[Two]

Hello! I'm a transgender individual who has permanent residency in Canada, and who has only partially transitioned. I spoke to an immigration lawyer before beginning the PR process about my status being a possible issue, and the lawyer pointed out that transgender individuals have protection in Canada (under Bill C-16). During the medical exam my being transgender did come up (due to my medication), but it wasn't presented as an issue and I passed without a problem. I think it's relevant to note that not all transgender people want to pursue surgeries and that doctors shouldn't assume that it's a given (regardless if you personally plan on getting further surgery). I can't guarantee that everyone will have the same experience during the PR process as I did, but transgender surgery status certainly doesn't immediately prevent you from pursuing PR.

 

[canuck_in_uk]

Hello! I'm a transgender individual who has permanent residency in Canada, and who has only partially transitioned. I spoke to an immigration lawyer before beginning the PR process about my status being a possible issue, and the lawyer pointed out that transgender individuals have protection in Canada (under Bill C-16). During the medical exam my being transgender did come up (due to my medication), but it wasn't presented as an issue and I passed without a problem. I think it's relevant to note that not all transgender people want to pursue surgeries and that doctors shouldn't assume that it's a given (regardless if you personally plan on getting further surgery). I can't guarantee that everyone will have the same experience during the PR process as I did, but transgender surgery status certainly doesn't immediately prevent you from pursuing PR.

Note that is has nothing to do with being protected under Bill C-16. Medical inadmissibility doesn't discriminate. Whether it is transgender surgery or paranoid schizophrenia or cystic fibrosis or cancer or whatever, medical inadmissibility comes down to cost.