Foreign National may be barred from enterring Canada on

Health Grounds - Medical Inadmissibility to Canada

Medical Inadmissibility Canada CBSA Enforcement Auxilium Law PC Immigration lawyer

Medical Inadmissibility

 

Foreign National may be denied entry into Canada or asked to leave Canada if they:

  • the Foreign National is likely to be a danger to public health;
  • is likely to be a danger to public safety; or
  • Might reasonably be expected to cause excessive demand on health or social services
We will briefly look at each of these grounds for medical inadmissibility below.
 

1) Danger to Public Health


Canada may refuse a Foreign National entry or their application if their health condition

will endanger Canada’s public health. The Government will consider:

  • The immigration medical exam results, including
    • laboratory test results by third party physicians
    • any other specialist reports that the medical officers request
  • If the Foreign national has any infectious diseases, such as active tuberculosis or active syphilis, or whether they have been in close contact with others with an infectious disease
  • how the person’s disease could affect other people living in Canada

2) Danger to the Public


A person may be denied their application or entry into Canada if their health condition will endanger public safety. Officer’s will consider the risk of:

  • Related to the person’s capacity (loss of physical and mental abilities), and
  • unpredictable or violent behaviour

3)Excessive demand on Health or Social Services


A Foreign National is considered to cause an excessive demand on Health or Social Services if:

  • the health or social services needed to treat their health condition
    would negatively affect wait times for services in Canada, or
  • the services needed to treat and manage their health condition would likely cost more than the excessive demand cost threshold (the amount set to determine if the person will cause an excessive demand on Canada’s Health or Social Services)

 It is important to note that the excessive demand rules are not applicable for:

  • refugees and their dependents
  • protected persons
  • certain people being sponsored by their family,

Foreign Nationals can address the excessive demand on Health or Social Services by providing in some cases a Mitigation Plan.

Your mitigation plan explains how you’ll support future expenses related to your health condition, such as:

  • outpatient prescription medication
    • for example, if you have employer-based health insurance that covers the cost of your medication
  • social services
    • for example, if you find a private long-term care facility that is willing to take you and you have the financial means to pay the cost

If you believe that you might be inadmissible on Health Grounds you may want to discuss your case with us over a paid consultation.

Please note that this is general Information and should not be construed as legal advice.

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