An individual may be deemed inadmissible to Canada for medical reasons if they pose a threat to the health and safety of Canadians, or if they are likely to place a significant burden on Canada’s health care system. Medical inadmissibility may also be used in emergency situations, such as a widespread pandemic, in order to limit the threat posed to public safety.
In most situations, there are ways to overcome a finding of inadmissibility for medical or health reasons, but they are limited. When new immigrants apply to reside in Canada on either a temporary or permanent basis, they may be subjected to an immigration medical exam prior to entry. If they have an infectious disease or have been exposed to one, they may be deemed inadmissible on those grounds. Further, if the exam reveals a condition that may pose a heavy burden on Canadian health services, the applicant may be refused entry.
At Garson Immigration Law, we have nearly thirty years’ experience assisting clients with entry to Canada and overcoming a finding of inadmissibility due to medical reasons. If you have reason to believe you may be refused entry for health reasons, we will work with you to determine whether you may be able to qualify for an exception in the case of a health threat, or if you may be able to mitigate the perceived burden in the case of excessive demand.
Excessive demand is a finding based on a specific calculation in terms of the estimated cost of care a person may need while in Canada. If an applicant is found to be above the set cost threshold with respect to their healthcare expenses, they will likely be deemed inadmissible. As of 2019, this cost threshold is a total demand of over $102,585 over five years. If you are likely to exceed this amount with respect to health services during your proposed visit, you may be declined. However, it is possible to demonstrate a mitigation of this cost threshold that will allow you to gain entry.
A successful mitigation plan consists of a considerable amount of documentation, including evidence of the following:
Designing a mitigation plan is a complex undertaking and must be carefully executed in order to overcome a finding of inadmissibility. At Garson Immigration Law, we are experts in helping clients do just that and will work with you to ensure that you have the best chance for success in gaining entry to Canada.
At Garson Immigration Law, we are exclusively dedicated to the practice of immigration law and regularly provide assistance to clients facing admissibility issues for health reasons. We are experts in the field of immigration law, and we will use our considerable experience to assist you with overcoming a finding of inadmissibility wherever possible. To discuss your circumstances with one of our experienced immigration lawyers, please contact us online or call us at 416-321-2860.
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