Medical inadmissibility can be a major obstacle for individuals seeking to enter or immigrate to Canada. However, there are legal options and strategies to overcome it.
1. What Is Medical Inadmissibility?
A person may be found medically inadmissible if their health condition:
- Poses a Danger to Public Health or Safety – Infectious diseases like tuberculosis (TB) or untreated syphilis.
- Causes Excessive Demand on Health or Social Services – Conditions requiring significant medical care, medications, or social support (e.g., kidney failure, certain disabilities).
2. How Medical Inadmissibility Affects Your Application
- Visa Refusal – Applicants for temporary or permanent residence may be denied entry.
- Impact on Family Members – If one family member is inadmissible, the entire application may be rejected.
3. Ways to Overcome Medical Inadmissibility
1. Medical Opinion and Reassessment
- Request a second medical opinion from a specialist.
- Provide updated medical records proving the condition is under control.
- If the diagnosis was incorrect or outdated, request a reassessment.
2. Mitigation Plan or Ability to Pay for Care
- Demonstrate that you will not rely on public health services.
- Provide a detailed mitigation plan (e.g., private health insurance, personal financial resources).
- Show that treatment or medication costs fall below Canada’s excessive demand threshold (around $25,000 CAD over five years).
3. Seeking an Exemption Under Humanitarian and Compassionate (H&C) Grounds
- If inadmissibility separates families, you can request an H&C exemption.
- Demonstrate strong ties to Canada (family, work, community involvement).
4. Applying for a Temporary Resident Permit (TRP)
- A TRP allows entry for a limited time despite inadmissibility.
- Requires strong justification (e.g., work, education, or humanitarian reasons).