You may be considered medically inadmissible to Canada if your medical situation poses a danger to the health and safety of Canada’s population or if your condition puts an excessive demand on health and social services.
Shory Law can help you in fighting to overcome medical inadmissibility with legal expertise and sound guidance.
How Can You be Deemed Inadmissible to Canada for Medical and Health Grounds?
There are three major designations for the determination of medical inadmissibility, which follows as being a danger to public health, a danger to public safety, and incurring excessive demand on health and social services.
Danger to Public Health
During a medical exam, it may be discovered that you have an infection or disease. Depending on how that finding is transferable to the public, you may be deemed medically inadmissible. Examples of a danger to public health include untreated STDs, tuberculosis, and other transmittable diseases.
Danger to Public Safety
The difference between danger to public safety and public health in the case of medical inadmissibility regards how you can affect the public without transference. Examples include sociopathy, pedophilia, and other impulsive or dangerous medical disorders.
You may be deemed medically inadmissible due to your medical affliction being too burdening on the healthcare system of Canada. For this, there are two assessments:
- How your medical needs will affect current wait times for medical service
- If the service you require costs upwards of 3 times the Canadian per capita cost over 5 years
What Can Be Done Regarding a Medical Inadmissibility Due to Excessive Demand?
The decision can be mitigated if you can provide proof of the services you require, how you will pay for them, and evidence of your financial situation while living in Canada. Receiving an inadmissibility due to excessive demand can be overturned if you can prove funding for the medical procedures you require, relieving the financial burden on the healthcare system.
There may also be instances where you can request for an exemption from the inadmissibility for humanitarian and compassionate reasons pursuant to section 25 of the Immigration and Refugee Protection Act.
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What diseases does immigration test for?
Typically, when one is undergoing a medical examination for immigration to Canada, the testing is done to see whether an applicant has any certain infectious disease, or one that could be a danger to public health and safety.
How can you fail an immigration medical exam?
If your condition is viewed as a danger to the health and safety of Canadians, you may fail your exam. Your condition may also be viewed as having excessive demand on health or social services and this could result in failure of the exam as well.
How can medical inadmissibility be overcome?
A very common way to overcome medical inadmissibility is to request an exemption on humanitarian & compassionate grounds.