Documents to Upload After Medical Exam Canada Pr

how to overcome medical inadmissibility to canada

Every applicant for a Canadian immigration visa, and some applicants for temporary status in Canada, are required to undergo a medical examination.

Though medical examinations are by and large confined to a standard physical exam, including blood tests, urine tests, and x-rays, prior medical records and the bidder's mental state are also examined. You still have options if you have been denied admissibility to Canada due to medical reasons, or are concerned you will be deemed medically inadmissible.

The Cohen Immigration Constabulary House tin aid you. Simply complete our contact form and 1 of our experts will achieve out to schedule a free consultation with you lot.


Table of Contents

  • Conditions for Medical Inadmissibility
  • Overcoming Medical Inadmissibility
  • Applying for a Temporary Resident Permit to Overcome Medical Inadmissibility
  • Accept y'all Received a Procedural Fairness Letter?
  • Frequently Asked Questions
  • About Cohen Immigration Law

Weather for Medical Inadmissibility

Applicants for a Canadian immigration (i.e. permanent residence) visa may exist found medically inadmissible, if:

  • Their medical status might reasonably exist expected to endanger the health or safety of the Canadian population at large; or

  • Their admission might be reasonably expected to cause excessive need on Canada's publicly funded health and social services.*

When determining whether any person is medically inadmissible to Canada, the medical officer is obliged to consider the nature, severity, and probable duration of any health damage from which the person is suffering as well every bit other factors, such equally:

  • Danger of contamination;

  • Unpredictable or unusual behaviour that may create a danger to public health and public safety; and

  • If the supply of social or health services that the person may crave in Canada will place excessive demand on health services, thereby depriving Canadian nationals of health or social services.

When information technology comes to permanent residency and refusals based medical inadmissibility, it is possible to consider seeking a legal remedy by demonstrating that the applicant will, in fact, non exceed the estimated average costs of medical treatment of Canadians, or that at that place are important humanitarian and compassionate considerations that should warrant an exception.

This can be done by providing a detailed response to a procedural fairness letter from the authorities prior to a refusal or past seeking a judicial review in Federal Court of Canada if the decision appears unreasonable.

Overcoming Medical Inadmissibility

A medical inadmissibility finding can be overcome, depending on the person'southward health status. Examples of such wellness conditions include, but are non limited to, the following list of medical weather:

  • Chronic Kidney Disease

  • Cardiac Disease

  • Crohn'due south Affliction

  • Diabetes

  • Cancers

  • Autoimmune Disease, such as AIDS, Lupus

  • Learning Disabilities related to Pervasive Development Disorder requiring special didactics

  • Autism

  • Cerebral Palsy

  • Down syndrome

  • Psychiatric Disorders

  • Blood Disorders

  • Hepatitis B & C

  • Liver Disease

  • Tuberculosis

  • Brain Disorders

  • Rare Diseases and Conditions

  • Total Knee joint Replacement

In certain circumstances, for temporary stays in Canada, an individual who does not meet the Canadian medical admissibility requirements may be granted a Temporary Resident Permit (TRP) to enter Canada and overcome medical inadmissibility.

Applying for a Temporary Resident Permit to Overcome Medical Inadmissibility

After you or your immigration lawyer have compiled all the required Canadian immigration documents to complete a TRP application, y'all must then submit information technology to the Canadian immigration government for consideration.

If you are an American citizen or take permanent resident status in the United States, yous can submit your temporary resident permit application to overcome medical inadmissibility at any Canadian consulate or port of entry (land, sea or air).

Canadian Consulate Applications

Although applying for a Canadian TRP through a Canadian consulate involves pregnant processing fourth dimension (iii-half dozen months), information technology is considered to be the best approach to submitting temporary resident permit applications to Canadian immigration authorities. This is because a decision volition be made by an experienced immigration officeholder who understands the various reasons why your entry could be justified.

To apply for a TRP, you will need to submit an application with supporting documents explaining the reason for your medical inadmissibility and why your entry into Canada may be justified.

Port of Entry Applications

Applications for a temporary resident permit at a port of entry are available to foreign nationals who are making last-minute travel plans. Port of entry applications are processed immediately at airports, land crossings or bounding main entry points, anywhere a passport would be required to enter the land.

A Canadian immigration officer will weigh the inadmissible person's demand to enter Canada against the danger to public health and security of the Canadian population. Applicants must exist able to demonstrate that their entry into Canada is justified on health grounds.

Advantages and Disadvantages of Port of Entry Applications

The master advantage of applying in this manner is the speed with which a person tin can acquire a TRP, which may be granted in a matter of minutes.

The main disadvantage of a port of entry application is the dubiety; you don't know whether your application volition exist approved or denied by the immigration officer that handles your case. If denied, yous volition not exist allowed to enter Canada until you have received an approval from a Canadian consulate.

If you are a denizen of a visa-exempt country, you will need to utilize for a temporary resident permit based on the guidelines set out by your specific country, as each state's application form may be different.

Government Awarding Fee

A fee of $200 CAD applies for each temporary resident permit application submitted.

Accept you received a Procedural Fairness Letter?

If yous take received a procedural fairness letter, you may but have a curt time to submit a response.

In most cases, your opportunity to answer could range from vii to 30 days. In response, a legal opinion letter which cites whatsoever relevant constabulary, instance precedents, and corroborated prove, is suggested to increment the likelihood of gaining medical admissibility condition.

If you received a procedural fairness letter from Citizenship Canada (IRCC- Immigration, Refugees & Citizenship Canada) regarding potential medical inadmissibility, we advise consulting with one of our inadmissibility experts at no cost.

Note: The excessive need component is waived nether the Family Sponsorship category of Canada immigration for a dependent family member (spouse, common-police force partner, conjugal partner and dependent children) of the sponsor. Even so, the sponsored person(s) still may exist refused if their health status is expected to cause excessive chance to Canadian public health or prophylactic.

Frequently Asked Questions


About Cohen Immigration Police force

Cohen Immigration Constabulary is one of Canada'south leading immigration law firms. We have over 45 years of experience and feature a team of over 60 Canadian immigration attorneys, paralegals, and other defended professionals.

Cohen Clearing Constabulary uses its expertise to help clients overcome inadmissibility problems. Our team of inadmissibility lawyers and professionals will work to understand your situation and then submit the strongest possible application to Canadian immigration regime.

CanadaVisa.com was founded in 1994 as the online presence of Cohen Clearing Law. Since and then, CanadaVisa has grown into 1 of the earth's near trusted resources on immigration to Canada. Please connect with us so nosotros tin can back up your inadmissibility needs.

Go a Gratuitous Legal Consultation

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Source: https://www.canadavisa.com/overcome-medical-inadmissibility-to-canada.html

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