RE: Medical exam - Is it possible to get around it if you don´t require VISA??

[Layman]

Hello to all members,

I´m helping this Portuguese long haul truck driver land a job in Alberta for a transportation company desperately short of drivers.

He has already submitted by e-mail all the documentation required by the large company - including drivers license, copy of passport, criminal record abstract, drivers abstract, drug test and specific medical exam for commercial drivers requested by the company and that could be performed by any certified Portuguese doctor.

To my dismay and also to the Canadian company who was just about to put his name on the LMO and send him the signed work contract for the worker to sign and then fly over I discovered that those arriving in Canada from Portugal and planning to stay for longer than six months must perform a medical exam by a doctor listed on the country panel even though they do not need a Visa to enter the country.

This was particular astonishing because almost all other European countries DO NOT require medical exam if they wish to visit or stay in Canada. Not Poland, Hungary, Bulgaria, Germany, Greece, Spain, Italy or even poor Albania....

However, even mmore astonishing is the on the list which can be found at:

(PM me and I will send this - for some reason I get a message saying I can´t post hyperlinks on thsi Forum)

individuals from the Azores and Madeira - two autonomous archipelago regions which are part of Portugal - also DO NOT require the medical examination...

This is so unreal and discriminatory that I can even believe it´s true!??!

It´s impossible to talk with anyone on the phone at the Canadian embassy in Paris - all you hear is an automated robot run through a host of options one can choose - so I decided to send them a message, inquiring whether the posted information is correct. And if so, why the hell do they do discriminate against Portuguese - but only those from the mainland?? It makes sssooo mad ...

If the information is correct why does the Portuguese government tolerate it?? It´s totally unacceptable!!

Anyway, I was wondering if there is any way to get around the problem? What if the worker were to fly to Canada with his letter of job offer and contract stashed away in his luggage and claim that he was going there simply to visit?? Then, after going through customs he would go to the authorities a day or two later with work contract in hand claiming he had landed a job and now required a work permit.

Would he be allowed do the medical exam in Canada? Would he be forced to leave? Deported? Or would he be allowed to stay, but not to work??

I know I´m posing a lot of potentially tough questions, but this a serious and urgent issue. The worker was just about to fly over; he wants to go; the company needs him and now this discriminatory procedure has put a sharp wedge between him and Canada.

Please help me. I woulld really, really appreciate it if someone would share their knowledge or experience regarding thsi topic.

Thanx

 

[SenoritaBella]

Eventhough he does not require a visa, the work permit can only be issued upon entry. That could be a problem if he doesn't have medicals and depending on the officer could be turned back or if he's lucky, may be allowed into the country but prohibited from starting the job until medicals are done. The question now is whether this is a risk he is willing to bear? If I were him, I would do the medicals in Portugal, get the receipt and travel. This way he has proof when he arrives at the border.

Perhaps Portugal is on the list of "designated countries" which are basically countries that have a high prevalence of some diseases e.g. tuberculosis. Anyone from there or who has lived there within a specified period is subjected to medicals - no exceptions. In addtion, one's occupation can also subject them to medicals e.g. jobs that require interaction with the public like healthcare workers, teachers, etc.

 

[computergeek]

You cannot post links until you have made 10 posts on this site (it's an anti-spam measure).

Your friend is required to obtain that medical examination before entering Canada.

30. (1) For the purposes of paragraph
16(2)(b) of the Act, the following foreign
nationals are exempt from the requirement
to submit to a medical examination:
(a) foreign nationals other than
(i) subject to paragraph (g), foreign
nationals who are applying for a permanent
resident visa or applying to remain
in Canada as a permanent resident,
as well as their family members,
whether accompanying or not,
(ii) foreign nationals who are seeking
to work in Canada in an occupation in
which the protection of public health
is essential,
(iii) foreign nationals who
(A) are seeking to enter Canada or
applying for renewal of their work
or study permit or authorization to
remain in Canada as a temporary
resident for a period in excess of
six consecutive months, including
an actual or proposed period of absence
from Canada of less than 14
days, and
(B) have resided or stayed for a period
of six consecutive months, at
any time during the one-year period
immediately preceding the date that
they sought entry or made their application,
in an area that the Minister
determines, after consultation
with the Minister of Health, has a
higher incidence of serious communicable
disease than Canada,
(iv) foreign nationals who an officer,
or the Immigration Division, has reasonable
grounds to believe are inadmissible
under subsection 38(1) of the
Act,
(v) foreign nationals who claim
refugee protection in Canada, and
(vi) foreign nationals who are seeking
to enter or remain in Canada and who
may apply to the Minister for protec-
tion under subsection 112(1) of the
Act, other than foreign nationals who
have not left Canada since their claim
for refugee protection or application
for protection was rejected;
(b) a person described in paragraph
186(b) who is entering or is in Canada to
carry out official duties, unless they seek
to engage or continue in secondary employment
in Canada;
(c) a family member of a person described
in paragraph 186(b), unless that
family member seeks to engage or continue
in employment in Canada;
(d) a member of the armed forces of a
country that is a designated state as defined
in the Visiting Forces Act, who is
entering or is in Canada to carry out official
duties, other than a person who has
been designated as a civilian component
of those armed forces, unless that member
seeks to engage or continue in secondary
employment in Canada;
(e) a family member of a protected person,
if the family member is not included
in the protected person’s application
to remain in Canada as a permanent resident;
(f) a non-accompanying family member
of a foreign national who has applied for
refugee protection outside Canada; and
(g) a foreign national who has applied
for permanent resident status and is a
member of the live-in caregiver class.

My advice: get the medical examination done. For whatever reason, the medical service has decided that people from Portugal must have an exam done prior to coming to Canada. It may be grossly unfair, but the fastest way to get to Canada for this job is to get that medical examination done.

 

[scylla]

Anyway, I was wondering if there is any way to get around the problem? What if the worker were to fly to Canada with his letter of job offer and contract stashed away in his luggage and claim that he was going there simply to visit?? Then, after going through customs he would go to the authorities a day or two later with work contract in hand claiming he had landed a job and now required a work permit.

As others have said, this a requirement if he wants a work permit in Canada.

Coming here as a tourist won't work. The work permit needs to be validated by immigration so that he can work legally. He has no choice but to show the work permit to immigration when he arrives.

 

[Layman]

You cannot post links until you have made 10 posts on this site (it's an anti-spam measure).

Your friend is required to obtain that medical examination before entering Canada.

My advice: get the medical examination done. For whatever reason, the medical service has decided that people from Portugal must have an exam done prior to coming to Canada. It may be grossly unfair, but the fastest way to get to Canada for this job is to get that medical examination done.

Eventhough he does not require a visa, the work permit can only be issued upon entry. That could be a problem if he doesn't have medicals and depending on the officer could be turned back or if he's lucky, may be allowed into the country but prohibited from starting the job until medicals are done. The question now is whether this is a risk he is willing to bear? If I were him, I would do the medicals in Portugal, get the receipt and travel. This way he has proof when he arrives at the border.

Perhaps Portugal is on the list of "designated countries" which are basically countries that have a high prevalence of some diseases e.g. tuberculosis. Anyone from there or who has lived there within a specified period is subjected to medicals - no exceptions. In addtion, one's occupation can also subject them to medicals e.g. jobs that require interaction with the public like healthcare workers, teachers, etc.

Thank you so much SenoritaBella and Computergeek for your very helpful information and advice.

The company he is/was going to work for - one of Canada´s best managed according to a survey - claimed that an individual from mainland Portugal arrived in Canada to work for them in February of this year and had NOT performed any medical examination. Despite this, however, he had no problem at the airport and is still working wth the company today ....

So if he got through the airport with a work contract at hand and managed a work permit without providing any medical exam, then I guess other individuals from mainland Portugal can do so as well .... the question is HOW??

What if he were to go the Canada-US border with a work contract/LMO and apply for a work permit?? Would that work for him??

Would greatly appreciate some advice...

The medical examination is not a pebble, but a huge stone in his shoe. Ya see, before a medical exam is performed an individual must first apply for a work permit at the Embassy in Paris. After, what they claim may be, somewhere between 4-6 weeks, the candidate receives the medical exam form which he must take to one of the two doctors authorized by the Canadian govt to perform exams (closest one is 250 km. away). Then the doctor (better, the medical team) performs a series of tests and exams. This takes about a week. After that the doctor sends the medical report directly to Paris. The Canadian authorities make their assessment and then the process moves on ....

As u can imagine, besides costing 237.50€ (same amount at both medical centers I phoned), this may take several months and significantly delay the process. No one can guarantee the Portuguese jobseeker that the job opportunity that exists today, will still be there for him tomorrow...

In my opinion, all the bureaucracy is absurd!

I can understand the request for a medical exam. OK, got to safeguard legitimate concerns with public health. That´s completely understandable. But why the hell can´t any certified physician perform the exam according to instructions provided by Canadian authorities?? Are those who are on the panel of authorized physicians less likely to cheat? Are other doctors dishonest or dumb enough to make false claims about a patient´s helath status when it can get them into real hot water??? Why make it sssoooo expensive and protacted (the trip, the exams) when a family doctor can perform the exam at virtually no cost to the job candidate?? Whose (dark) interests do these procedures serve??

In short, I think it´s worth taking the risk ... 9 months or more is just too long to wait ...

As a Canadian I´m disappointed with my government for creating such huge barriers for honest hardworking people looking for better conditions in a foreign country. In the process, however, the interests of Canadian employerrs ill-served as well.

Disappointed

 

[Layman]

Could it be Portuguese (but, remember, only from the mainland 8))have to perform a medical exam because they have a incidence o TB of 29 per 100000?? Geez, Poland has 23 per 100000 and Bulgaria 40 per 100000 and these countries are NOT on the list of countries where a medical is required??

Or could it be because of AIDS?? Portugal in 2009 had 0.6% of the population, closest countries are France, Spain and Switzerland with 0.4% in the same year. Doesn´t seem like much of a difference to me ...

Just have to find out why ... there must be a reason for singling out Portugal ... :

 

[Layman]

Anyone there???

Would greatly appreciate some more comments and advice, especially from VIP or Hero members???

Hope my plea doesn´t go unaswered :'(

 

[SenoritaBella]

Hope these links answer your query:

http://www.cic.gc.ca/english/information/medical/medexams-temp.asp
http://www.americanlaw.com/immigrationblog/?p=1138

"A designated country/territory is defined as a country/territory with a three year average estimated sputum smear positive pulmonary tuberculosis (TB) incidence rate equal to or greater than 15/100,000. To be considered for removal from the designated country/territory list, a country or territory must remain below the average threshold for three consecutive years."

Anyone there???

Would greatly appreciate some more comments and advice, especially from VIP or Hero members???

Hope my plea doesn´t go unaswered :'(