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Medical Inadmissibility- Barriers to PR might change

Canada's Minister of IRCC (Immigration, Refugees and Citizenship Canada) announced his desire to make changes to immigration laws in Canada, to be more accommodating to new candidates for permanent residence (PR) who have medical issues.

Under the current laws, persons who wish to apply for PR who have a pre-existing medical condition that is deemed to be a burden on Canada's health care system are Medically Inadmissible. If a family is currently applying together for PR, and one person is Medically Inadmissible, the application for all family members will be refused. There is one exception to this law- existing permanent residents or citizens who wish to sponsor immediate family members (spouse and children) can still sponsor family members who have medical issues, as they will not be deemed medically inadmissible.

The existing test for Medical Inadmissibility is if a person is expected to incur a cost of $6,655 per year or greater on their health and social service costs. Canada's Minister of the IRCC is looking to raise this amount and change the rules to allow more candidates with moderate medical issues to obtain PR.

In general, it is difficult for IRCC to determine the estimated cost or burden on the health care system. If a person has a medical issue, it is important to draft a proper medical plan and legal arguments to ensure they are not deemed medically inadmissible. Should you find yourself in this situation, retain proper counsel to assist with preparing a strong submission to respond to any fairness letter received by the IRCC.

Matkowsky and Associates can help you prepare a legal submission to overcome Medical Inadmissibility. Contact us today!

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