Medical Inadmissibility in Vancouver
Canada is well known for its inclusive immigration system. However, certain health conditions can present barriers to entry or to obtaining permanent or temporary residence in the country. When an applicant’s health condition is deemed a risk to public health and safety, or an excessive demand on Canada’s healthcare services, they may be found to be “medically inadmissible.” If you or a loved one has been denied entry into Canada on medical grounds, it’s important that you stay aware of your rights.
At Border Solutions Law Group, our Vancouver immigration lawyers provide strategic guidance to individuals navigating medical inadmissibility and issues with their immigration applications. We have a thorough understanding of Canada’s medical screening process, meaning we can make sure each client’s unique circumstances are carefully assessed, documented, and presented to Canadian immigration officers. If you have questions about the criteria for medical inadmissibility and the options available to overcome or challenge such findings, don’t hesitate to contact our Vancouver medical inadmissibility lawyers today.
What is Medical Inadmissibility?
Under the Immigration and Refugee Protection Act (IRPA), foreign nationals who wish to enter Canada are often required to undergo a medical examination. This is true whether an individual is seeking permanent residence or temporary residence, including work permits, study permits, or visitor visas. The exam helps Immigration, Refugees and Citizenship Canada (IRCC) determine whether any health conditions you have will pose a threat to the country.
Generally, the law says that a foreign national (anyone who is not a Canadian citizen or permanent resident) can be found medically inadmissible on 1 of 3 separate grounds:
- You are likely to be a danger to public health: If you have an infectious disease that poses a health risk (e.g., untreated active tuberculosis) and cannot demonstrate that you have received adequate treatment or performed risk management, you can be refused entry. In some cases, you may be required to obtain a specialized treatment plan before you can enter.
- You are likely to be a danger to public safety: Certain conditions associated with unpredictable or violent behaviour (eg., some serious untreated mental health conditions) could be deemed dangerous by immigration officials if they are not well-managed or treated.
- Your condition will result in an excessive demand on the country’s health or social services: If the cost of your care is most likely going to exceed a specific threshold (known as the “excessive demand threshold”), you can be refused entry into Canada. Excessive demand conclusions are often made for conditions that require ongoing prescription medications, rehabilitation, or social services that surpass the Canadian government’s average per-capita health and social services expenditure.
A medical inadmissibility finding can block or delay your immigration to Canada. However, there are exemptions and waivers available in certain cases, as well as legal avenues for challenging negative decisions. If you have been found medically inadmissible to Canada and you wish to discuss your options, speak with our Vancouver immigration lawyers and medical inadmissibility lawyer as soon as possible.
Who is Subject to Medical Exams?
Generally, most foreign nationals applying for:
- Permanent Residence: This can include family sponsorship or economic immigration like express Express Entry, Provincial Nominee Programs, and more.
- Temporary Residence: Those applying for study permits, work permits, and visitor visas who intend to stay in Canada for 5 or more months and live in designated countries.
- Refugee or Protected Person Status
Will undergo some form of medical screening. The IRCC might also request additional medical exams if your initial screenings are concerning. Children, spouses, parents, and other dependent family members accompanying the main applicant will also typically require medical clearance. This is normally the case whether or not they are accompanying the principal applicant to Canada.
The Excessive Demand Threshold in Canada
An important component of medical inadmissibility findings in Canada is the concept of “excessive demand,” referenced above. If your estimated health or social service costs exceed the annual threshold set by the IRCC, you can be found inadmissible under the excessive demand rule. Generally, the threshold is equal to 3 times the Canadian per capita cost for health and/or social services over a 5-year period. In 2024, the annual cost threshold was set at $26,220 or $131,100 over a 5 year period. It’s important to note that it does not have to be proven that you will genuinely exceed the threshold, just that it’s more likely than not that you will.
Factors that contribute to excessive demand include:
- Prescription medication costs
- Frequent hospital visits or major surgeries
- Long-term care or institutional care
- Special education or social services for chronic conditions
- And more
Although your condition may be medically manageable, the financial burden on Canadian health services may be too high. Nonetheless, IRCC must consider your mitigation plan or alternative private funding (if you have any) before they make a final decision on your application.
There are certain individuals who may be exempt from excessive demand rules when immigrating to Canada. These include:
- Sponsored spouses, common law partners, and conjugal partners of Canadian citizens or permanent residents
- Sponsored dependent children, biological or adopted
- Refugees and protected persons
- And more
Even these exempt categories can still face inadmissibility if their condition poses a risk to public health or safety. However, the cost threshold (excessive demand) alone will most likely not disqualify them from entry.
Common Conditions That Lead to Medical Inadmissibility Findings
Although this is not an exhaustive list, some health conditions that are more frequently subject to scrutiny by immigration officials include:
- Untreated or active tuberculosis (TB)
- HIV/AIDS, if the treatment cost is significantly high
- Cancer that requires expensive ongoing treatment
- Renal failure requiring dialysis
- Certain neurological or genetic disorders that require long-term specialized care
- Chronic mental health conditions, where there is a risk of harm to others or high-cost treatment is anticipated
- And more
Each case is highly fact-specific. This means that the mere presence of a chronic condition does not automatically mean you will be inadmissible. The IRCC will analyze treatment costs, management plans, and risk factors before making a final decision.
Overcoming a Medical Inadmissibility Finding
Normally, if the IRCC or the Canada Border Services Agency (CBSA) finds you to be medically inadmissible to Canada, you will receive:
- A refusal letter for your temporary or permanent residence application
- A removal order if you are already inside Canada and found inadmissible
- Direction to submit additional documents in the form of a procedural fairness letter
A procedural fairness letter from the IRCC is a formal communication sent to an individual in the immigration process to address concerns or issues regarding their ongoing application before their application is refused.
Regardless of the situation you are facing, there are strategies to challenge or mitigate a medical inadmissibility finding. These include:
- Mitigation Plan / Cost-Benefit Argument: Demonstrate that you have an alternative arrangement or private insurance coverage that will reduce the cost burden on Canada’s public system. For example, if you can show that you have a reliable, fully private insurer or sufficient personal funds to cover your medical expenses, IRCC may reconsider its findings.
- Updated Medical Opinions: New or clarifying information from specialists can demonstrate that the initial cost estimate for your treatment was inflated, that your condition is stable or improving, or that your condition is manageable through cheaper treatments.
- Correcting Errors in the Medical Assessment: If IRCC’s estimate for your treatment cost is based on outdated or incorrect information, you can provide accurate details to set the record straight. For example, a certain type of expensive therapy may no longer be needed if your condition has improved.
- Humanitarian and Compassionate Grounds: In certain, limited circumstances, if refusal would cause undue hardship or disrupt your family, you can pursue a humanitarian and compassionate grounds application (particularly for permanent residence). This will require compelling evidence of the hardship, best interests of the children, or other extraordinary factors.
At this stage, it is crucial to consult with a Vancouver immigration lawyer who is well-versed in medical inadmissibility. Possible next steps might include filing an application for judicial review at the Federal Court, reapplying with stronger evidence, or exploring alternative immigration pathways available to you.
If you are facing a medical inadmissibility finding and you are confused about where to start, we can assist. At Border Solutions Law Group, our Vancouver immigration lawyers can help you identify the best ways to challenge your decision and help you get started with the appeal process. Schedule a consultation to get started today.
How Can Border Solutions Law Group Vancouver Medical Inadmissibility Lawyers Help You?
Our firm’s approach to medical inadmissibility cases emphasizes collaboration and strategic planning. With a proven track record of success, our Vancouver immigration lawyers are committed to providing clients with:
- Tailored Plans: No two medical cases are the same. Our team will take the time to understand your exact diagnosis, its cost implications, and your personal circumstances. This way, we can understand the best way to approach your case.
- In-Depth Case Analysis: We will dissect the IRCC’s findings and all the information or reasoning they have provided to you. We can review how they calculated costs or concluded that you were a potential risk to public health/safety.
- Evidence Gathering: Our lawyers will coordinate with your physicians, specialists, or insurers to compile the strongest possible medical and financial documentation of your condition. This way, we can present a strong application or appeal package on your behalf.
- Proactive Communication: We maintain clarity and consistency in all of our communications with IRCC. We’ll address all of their concerns early on to prevent misinterpretations or quick refusals.
- Representation at Every Stage: From your initial application to procedural fairness responses, and if necessary, Federal Court judicial reviews, we’ll remain by your side throughout the entire process.
Facing Medical Inadmissibility to Canada? Contact Our Vancouver Immigration Lawyers Today
Facing medical inadmissibility is challenging, but it’s important to remember that many individuals successfully overcome the hurdle through proper documentation, compelling mitigation strategies, and professional legal advocacy. Canada’s immigration system is designed to balance compassion with fiscal and health considerations. By presenting clear medical records, credible financial support measures, and strong expert opinions, you can help disprove or diminish concerns the IRCC has about your medical situation.
If you or someone you know has received a procedural fairness letter, a refusal notice, or simply suspect that your medical condition might complicate your application, you should seek advice from our Vancouver immigration lawyers immediately. At Border Solutions Law Group, our dedicated approach helps make sure that your health circumstances are fairly assessed and that you have a fair opportunity to enter Canada.
Contact us today to schedule a consultation. You can call our Vancouver office toll-free at 877-341-6761, or fill out our online contact form now. We’re ready to review your case and help you take the strongest possible steps toward a favourable outcome.