For Assistance
+962-79-2682204
عربي

About Us

Services

Countries

Programs

Blog

Canadian Immigration Law: Refusal and Inadmissibility

canada program | immigration lawyer in amman | Healthcare in Canada | Canada Inadmissibility | Canada Immigration Policy | Immigration Refusal |
October 24, 2016

Immigrants play a significant role in both the growth and continuity of Canadian businesses. Through established Canadian Immigration Programs, foreign national applicants have the opportunity to obtain Permanent Residency in Canada through a variety of options, including investment. In return, applicants and their immediate family members are able to receive social and medical benefits if all requirements are met. However, all applicants seeking admission to Canada must undergo medical examinations and security checks prior to being granted residency.

Health conditions are a universal concern, and for those desiring a future abroad, this is no exception when it affects one’s ability to immigrate. For individuals unfamiliar with Canadian immigration medical laws, refusal and inadmissibility to Canada can become an unanticipated reality. Canadian immigration regulations stipulate that foreign national candidates and all of their immediate family pass a standard physical exam, as well as provide blood and urine tests, and x-rays.  Further, prior medical records and psychological examinations (including those for developmental delays) are also taken into consideration.

Refusal and inadmissibility for Canadian Permanent Residency can be based on medical grounds alone. Reasons for medical refusals and inadmissibility are as follows:

 
  1. The applicant or family member’s health condition—be it physical or psychological—would endanger the health or safety of the broader Canadian population; OR,
  2. The applicant or family member’s admission might cause excessive demand on existing health or social services provided by the Canadian government.

So what does “excessive demand” actually mean?

According to the Immigration and Refugee Protection Act (IRPA), a foreign applicant can be deemed inadmissible if a health condition might cause an “excessive demand” on health or social services. Moreover, should an applicant’s family member be deemed inadmissible to Canada for health reasons, the principal applicant (and other immediate family members) will be denied Permanent Residency. Taking this into consideration, Citizenship and Immigration Canada (CIC) explicitly defines “excessive demand” as:
 
For foreign national applicants or family members who have or have had health issues related (but not limited) to:
It is important that applicants discuss their immigration options with a qualified Immigration Lawyer, Immigration Law Service, and/or physicians in order to develop a well-researched and validated legal medical plan to best achieve the desired Canadian Immigration results.

What if the applicant or an applicant’s family member is deemed “likely to cause danger to public health or public safety,” resulting in refusal and inadmissibility to Canada?

In this case, the primary applicant will be notified of medical results by a visa/immigration officer via the Procedural Fairness Letter model as it applies to refusal and inadmissibility on medical grounds.

What if the applicant or an applicant’s family member “might reasonably cause excessive demand on health and/or social services,” resulting in Canada Visa Refusal and Inadmissibility?

Likewise, the primary applicant will be notified of refusal and inadmissibility by a CIC visa/immigration officer via the Procedural Fairness Letter model. In addition, a Declaration of Ability and Intent template will be provided to the applicant to either challenge the medical opinion or present a mitigation plan for reconsideration of the refusal and inadmissibility decisions.

If an applicant receives notice of refusal and inadmissibility to Canada for the above reasons, what is the next step? For further inquiry into Canadian Immigration Programs and medical or health related concerns, please contact QICMS at Invest-Visa for Immigration Law consultation.

Fill out our Free Assessment to find out if you qualify for any of the immigration programs offered.

For additional information about Immigration to Canada and Permanent Residency programs, click here.
 ;

Related Programs

Permanent Residency through Investment in Canada

Related Articles

Tired of UK and Schengen visa procedure ? Tired of UK and Schengen visa procedure ?
What you need to know about Canada's new biometrics rules ? What you need to know about Canada's new biometrics rules ?
Access denied: Canada's refusal rate for visitor visas soars ! Access denied: Canada's refusal rate for visitor visas soars !
Quebec Immigrant Investor Program will reopen on September 10th, 2018 to March 15th, 2019 Quebec Immigrant Investor Program will reopen on September 10th, 2018 to March 15th, 2019
A Comparison of the Quebec Immigrant Investor Program vs. the U.S. EB-5 Program A Comparison of the Quebec Immigrant Investor Program vs. the U.S. EB-5 Program
MENA Region and Europe
Head Office & Mailing Address:
Quebec Investment Consultation and Management Services LLC
​Ibrahim Al-Qattan St. Building # 21, 2nd floor
P.O. Box 811 Amman 11831 Jordan
Tel: +962 (6) 585 6164
        +962 (6) 585 6165
        +962 (6) 585 6765
Mobile: +962 (79) 268 2204
Fax: +962 (6) 585 6169
E-mail: Send QICMS an e-mail