Medical Inadmissibility: Section 38 of IRPA
- Section 38 of the Immigration and Refugee Protection Act (IRPA) addresses medical inadmissibility for individuals applying for permanent residency in Canada.
- It mandates a medical examination by a designated CIC-approved doctor for all applicants, including those seeking temporary entry.
- Applicants may be deemed medically inadmissible if their condition is expected to cause an excessive demand on healthcare or social services, surpassing $25,689 CAD annually in the year 2023 (Excessive demand threshold at $128, 445 over 5 years).
- This often arises in parental sponsorship applications and occasionally in other petitions involving elderly parents.
Reasons for Medical Inadmissibility
- Medical inadmissibility can result from various health conditions determined by immigration authorities based on individual circumstances.
- Examples include diseases like:
- Diabetes
- Chronic Kidney Disease
- Cardiac Disease
- Autism
- Crohn’s Disease
- Liver Disease
- Tuberculosis
- Cancers
- Total Knee Replacement
- Autoimmune Disease, such as AIDS, Lupus
- Learning Disabilities related to PDD requiring special education
- Cerebral Palsy
- Down Syndrome
- Psychiatric Disorders
- Blood Disorders
- Hepatitis B & C
- Brain Disorders
Excessive Demand and Medical Inadmissibility
- Foreign nationals may be deemed medically inadmissible if their entry is projected to strain Canada’s social or health services.
- “Excessive demand” refers to potential costs exceeding average per capita health and social service expenditures over 5 to 10 years.
- Health services include medical care from doctors, specialists, nurses, and hospital care, while social services cover support services like home care and personal support.
Procedural Fairness Letter and Medical Inadmissibility
- If the IRCC issues a Procedural Fairness Letter regarding medical inadmissibility, it’s crucial to respond effectively.
- Many applicants underestimate the seriousness of the situation and provide insufficient responses, leading to application rejections.
- Seeking professional assistance in crafting a suitable response is advisable to address the claim effectively and avoid application denial.
Overcoming Medical Inadmissibility
- Waivers for medical inadmissibility are not automatic and are assessed on a case-by-case basis.
- Factors such as the severity of the condition, available treatment options, private insurance coverage, financial resources, and family support are considered in determining if the excessive demand can be mitigated effectively.
- Understand the medical requirements.
- Seek professional advice from an immigration specialist.
- Provide comprehensive medical documentation.
- Show you can cover potential costs.
- Request a reassessment if needed.
- Consider humanitarian grounds.
- Appeal if necessary.
- Stay updated on immigration policies.
FAQs
What does "excessive demand" mean in the context of medical inadmissibility?
It's when an individual's medical costs exceed the average over 5 to 10 years.
What services are considered under "health services" in the context of excessive demand?
It includes doctor visits, medications, hospital care, and other funded medical services.
Why is it advisable to seek professional assistance when responding to a Procedural Fairness Letter?
Professionals can help navigate the complexities, increasing the chance of a successful response.
What circumstances may lead to the waiver of medical inadmissibility?
Showing ability to manage costs through insurance, a solid medical plan, or support from family or community.
Can medical inadmissibility issues arise in applications for parental sponsorship?
Yes, especially with elderly parents, due to potential higher healthcare demands.
What is the threshold for excessive demand in terms of annual costs for an applicant's medical condition?
Costs exceeding $25,689 CAD per year, based on expected expenses over 5 to 10 years.
Can medical inadmissibility issues arise in parental sponsorship applications?
Yes, particularly when an applicant's condition may strain healthcare or social services.
How can one overcome medical inadmissibility in Canada?
You can challenge it by showing your healthcare costs would not exceed the Canadian average or presenting humanitarian reasons for exemption. By challenging the assessment with a second opinion and creating a thorough medical plan.
Can diabetes or hypertension lead to inadmissibility?
Not automatically. It depends on their impact on public health or healthcare costs.
How long does IRCC take to respond after the medical exam?
Responses usually come within a few days to a few weeks after the exam.
Will I Have to Take a Medical Examination?
Yes, it's required for all Canadian immigration applicants to ensure they do not pose health risks or strain the healthcare system.
How Long Are Medical Examinations Valid for?
They're valid for one year. If your visa is not issued within that time, you'll need another examination.
Are There Exceptions for Medically Inadmissible Dependents?
Yes, exceptions can be made for spouses, partners, and dependent children through Family Sponsorship.
If I am Pregnant, Will I Still Have to Undergo the Medical Examination?
Yes, but pregnant applicants skip X-rays. After childbirth, both mother and child must be examined.
Can I undergo the Medical Examination in Another Country?
Yes, designated panel physicians in many countries can conduct recognized medical exams for Canadian immigration.
Will my Non-Accompanying Dependents be Required to Complete Medical Examinations?
Yes, both accompanying and non-accompanying dependents must undergo medical exams. Some exemptions may apply.
Recently Completed Medical Exams for a Temporary Visa. Do I Need More for Permanent Residency?
Yes, permanent residency applications have different requirements, so you'll need another medical exam.
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