Immigration rejections due to medical inadmissibility can come as a surprise to foreign individuals hoping to settle in Canada.
Facing medical and immigration challenges at the same time can be a daunting experience that alters your life. For that reason, seeking professional legal assistance specifically tailored to your predicament can prove crucial in managing the complex and intricate nature of your situation. But who may find themselves medically inadmissible and in need of legal support? Medical inadmissibility can rest on any of three grounds: first, it might be due to the risks associated with your individual condition and its potential impact on public health. Conditions falling under this category include untreated syphilis and pulmonary tuberculosis.
Secondly, if you pose a risk to public safety. Assessments regarding public safety take into account whether a foreign individual’s medical condition is likely to result in sudden incapacity or unpredictable and violent behaviour. The demand placed on health or social services can lead to negative consequences for medical service wait times in Canada. Additionally, the cost of treatment for your condition may exceed the average for health and social services in Canada. It is important to note that these factors do not have to be proven, but rather deemed more likely than not.
The other point to consider is if you could potentially harm the public. Public safety evaluations factor in whether a foreign national’s health condition may cause them to unexpectedly lose control or behave violently. Collectively, these considerations have the potential to strain healthcare and social services and negatively impact wait times for Canadians. It’s essential to note that these risks don’t necessarily need to be proven, but just need to be reasonable probabilities.
However, there are certain exceptions to these rules. Refugees and their dependants, protected persons, and individuals being sponsored by family members (such as dependant children, spouses, and common-law partners) are not subject to medical inadmissibility rules for excessive demand reasons. Before a decision is made regarding admissibility, foreign nationals are given the opportunity to respond to a “Procedural Fairness Letter” from the Officer. Typically, there is a 60-day period for response. It is crucial to provide a thorough and well-thought-out response, as a finding of medical inadmissibility is permanent and there is only one opportunity to present your plan.
Please note that this article serves solely to raise awareness. If you believe this may impact your immigration application, it is recommended to seek professional legal counsel.
This article does not offer legal advice but rather serves to raise awareness. If you believe this may impact your immigration application, it is recommended to seek professional legal counsel.
