Medical Inadmissibility
medically inadmissible to Canada
Medical inadmissibility refers to the circumstances when an individual is deemed as a potential danger to public health or public safety, or is likely to cause excessive demands on Canada’s health and social services. Under the Immigration and Refugee Protection Act (IRPA), a foreign national may be found medically inadmissible to Canada if they have a medical condition that could pose a threat to public health or safety, or if their medical treatment would be a burden on Canada’s health and social services.
Circumstances that Lead to Medical Inadmissibility:
- The presence of a communicable disease of public health significance such as tuberculosis or HIV/AIDS.
- A condition that could pose a threat to public safety, such as a mental disorder with violent or dangerous tendencies.
- A condition that could cause excessive demands on Canada's health and social services, such as an individual requiring expensive or long-term medical treatment.
Section 38(1):
Section 38(1) of the IRPA states that a foreign national is inadmissible on health grounds if their health condition is likely to be a danger to public health or safety or cause excessive demands on Canada’s health or social services. This means that if an individual’s medical condition is deemed to pose a threat to public health or safety or if the cost of their medical treatment would be excessive, they may be found medically inadmissible.
How to Overcome Medical Inadmissibility:
There are several ways to overcome medical inadmissibility in Canada. Some of the ways include:
- Applying for a Medical Exemption: If the individual's medical condition is not a danger to public health or safety and does not cause excessive demands on Canada's health and social services, they may be eligible for a medical exemption.
- Create an Express Entry profile and submit your information
- Applying for Rehabilitation: If the individual has a criminal record, they may be eligible for rehabilitation, which would remove their inadmissibility.
List of conditions where Medical Inadmissibility can be overcome which includes, but not limited to:
- Chronic Kidney Disease
- Crohn's Disease
- Cardiac Disease
- Diabetes
- Cancers
- Autoimmune Disease, i.e.: HIV, Lupus
- Learning Disabilities to Pervasive Development Disorder requiring special education
- Autism
- Cerebral Palsy
- Down Syndrome
- Psychiatric Disorders
- Hepatitis B and C and Liver Disease
- Blood Disorders
- Tuberculosis
- Brain Disorders
- Rare Diseases and Conditions
- Total Knee Replacement
If you are facing medical inadmissibility in Canada, our experienced immigration professionals can help you overcome the challenges and achieve your immigration goals. Fill out the form below to receive a consultation on your specific case.