All applicants for permanent resident status (and non-accompanying dependants) are required to undergo a medical examination.
When a holder of a permanent resident visa seeks to enter Canada as an immigrant, they must also hold a valid medical certificate indicating they are not medically inadmissible based on a medical examination within the prior 12 months.
A failure to undergo a medical examination can form the basis for a refusal based on a separate ground of inadmissibility, i.e. non-compliance with the Act or Regulations, as per s. 41(a) of IRPA. Although an appeal can be granted to overcome this ground the applicant must still undergo a medical for further visa processing to continue.
The ๐๐ฎ๐ฎ๐ช๐จ๐ณ๐ข๐ต๐ช๐ฐ๐ฏ ๐ข๐ฏ๐ฅ ๐๐ฆ๐ง๐ถ๐จ๐ฆ๐ฆ ๐๐ณ๐ฐ๐ต๐ฆ๐ค๐ต๐ช๐ฐ๐ฏ ๐๐ค๐ต sets out the basis on which a foreign national can be determined to be inadmissible on medical grounds:
A foreign national is inadmissible on health grounds if their health condition
(a) is likely to be a danger to public health
(b) is likely to be a danger to public safety or
(c) might reasonably be expected to cause excessive demand on health or
social services
Excessive demand means a demand on health services or social services for which the anticipated
costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the most recent medical examination required by these regulations unless there is evidence that significant costs are likely to be incurred beyond that period in which case the period is no more than 10 consecutive years; or
Excessive demand also means a demand on health services or social services that would add to existing waiting lists and increase the rate of mortality and morbidity in Canada as a result of the denial or delay in the provision of those services to Canadian citizens or permanent residents.
๐๐ฎ๐ ๐ข๐ณ๐ณ๐ถ๐ฐ๐ฒ ๐ผ๐ณ ๐๐ฎ๐๐ถ๐ฑ ๐๐ฏ๐ฒ๐ฎ๐๐๐ฐ๐ต๐ถ is a Toronto based law firm with a trained immigration attorney, excited to take you through the immigration documentation process to ensure it is as seamless as possible. Get it right this time!
