Medical Inadmissability Lawyers

Canada is well known for having an inclusive immigration system. However, individuals with certain health conditions might experience problems entering the country or obtaining visas. When an applicant’s health condition is considered a risk to public safety, or an “excessive demand” on Canada’s healthcare system, they may be found to be medically inadmissible. If you or someone you know has been denied entry into Canada on medical grounds, it’s important that you know your rights. 

At Border Solutions Law Group, our Vancouver immigration lawyers can provide strategic guidance if you’re navigating medical inadmissibility issues. If you have questions about the criteria for medical inadmissibility and the options available to overcome the finding, don’t hesitate to contact our Vancouver medical inadmissibility lawyers today.

What is Medical Inadmissibility?

Under the Immigration and Refugee Protection Act (IRPA), foreign nationals who wish to enter Canada are often required to undergo a medical examination. This is true whether an individual is seeking permanent residence or temporary residence, including work permits, study permits, or visitor visas. The exam helps Immigration, Refugees and Citizenship Canada (IRCC) determine whether you have any health conditions that could be a risk to the public.

Generally, the IRPA stipulates that a foreign national (anyone who is not a Canadian citizen or permanent resident) can be found medically inadmissible in 3 cases:

• You are likely to be a danger to public health: If you have an infectious disease (for example, untreated active tuberculosis) and are unable to demonstrate that you have received proper treatment, you can be refused entry to Canada. In some cases, you might need to demonstrate that you have a specialized treatment plan before you are allowed to enter.
• You are likely to be a danger to public safety: Certain conditions that might influence unpredictable or violent behaviour (for example, some serious untreated mental health conditions) could be seen as dangerous by immigration officials if they are not treated.
• Your condition will result in an excessive demand on the country’s health or social services: If the cost you need for care might exceed a specific threshold (known as the excessive demand threshold), you can be refused entry into Canada. Excessive demand is often determined when conditions require ongoing prescription medications, rehabilitation, or social services that surpass the Canadian government’s average per-capita health and social services expenditure.

A medical inadmissibility finding can delay your immigration to Canada. However, in some cases, there are exemptions and waivers available and legal avenues for challenging negative decisions. 

Who is Subject to Medical Exams?

Generally, most foreign nationals who intend to apply for:

• Permanent Residence: This can include family sponsorship or economic immigration like express Express Entry, Provincial Nominee Programs, and more.
• Temporary Residence: Those applying for study permits, work permits, and visitor visas who intend to stay in Canada for 5 or more months and live in designated countries.
• Refugee or Protected Person Status 

Will need to complete some form of medical exam. The IRCC might request extra medical screenings if your initial results present concerns. Children, spouses, parents, and other dependent family members of the main applicant might also need to obtain medical clearance. This can be the case whether they are accompanying the principal applicant to Canada or not.

The Excessive Demand Threshold in Canada

An important part of medical inadmissibility decisions is the concept of “excessive demand,” referenced above. If your estimated health or social service costs exceed the annual threshold set by the IRCC, you might be deemed inadmissible. Generally, the threshold is equal to 3 times the Canadian per capita cost for health and/or social services over a 5-year period. In 2024, the annual cost threshold was set at $26,220 or $131,100 over a 5 year period. It’s important to note that it does not have to be proven that you will genuinely exceed the threshold, just that it’s more likely than not that you will.

Factors that can contribute to an excessive demand determination include:

• Prescription medication costs
• Frequent hospital visits or major surgeries
• Long-term care or institutional care
• Special education or social services for chronic conditions
• And more

Although your condition may be relatively manageable, the financial burden on Canadian health services might be too high. However, IRCC must take into account whether you have a mitigation plan or alternative private funding (if you have any) before they make a final decision on your application.

There are certain individuals who may be exempt from excessive demand rules when immigrating to Canada. These include: 

• Sponsored spouses, common law partners, and conjugal partners of Canadian citizens or permanent residents
• Sponsored dependent children, biological or adopted
• Refugees and protected persons
• And more

Common Conditions That Lead to Medical Inadmissibility Findings

Some health conditions that are more frequently subject to scrutiny by immigration officials include:

• Untreated or active tuberculosis (TB)
• Cancer that requires expensive ongoing treatment
• Renal failure requiring dialysis
• Certain neurological or genetic disorders that require long-term specialized care
• Chronic mental health conditions, where there is a risk of harm to others or high-cost treatment is anticipated
• And more

Each determination is made on a case-by-case basis. This means that having a chronic condition does not automatically mean you will be medically inadmissible. The IRCC will analyze the cost of your treatment and other risk factors before they make a final decision.

Overcoming Medical Inadmissibility

Normally, if the IRCC or the Canada Border Services Agency (CBSA) finds you to be medically inadmissible to Canada, you may receive:

• Instructions to submit additional documents through a procedural fairness letter
• A refusal letter for your temporary or permanent residence application
• A removal order if you are already inside Canada and found inadmissible

A procedural fairness letter from the IRCC is a formal communication sent to an applicant to address concerns or issues regarding their ongoing application before it’s refused. It provides you with an opportunity to address the concerns outlined by the IRCC and submit additional documentation that indicates you will not pose a health or safety risk to Canada.

Regardless of the situation you are facing, there are strategies available to challenge findings of medical inadmissibility. These include:

• Mitigation Plan / Cost-Benefit Argument: If you have an alternative arrangement or private insurance coverage, you can attempt to demonstrate that your condition will not be a burden on Canada’s public system. For example, if you can show that you have a reliable, fully private insurer or sufficient personal funds to cover your medical expenses, IRCC may reconsider your inadmissibility.
• Updated Medical Opinions: You might obtain information from specialists that demonstrates the initial cost estimate of your treatment was too high, that your condition is stable or improving, or that your condition is manageable through cheaper treatments.
• Correcting Errors in IRCC’s Medical Assessment: If you believe IRCC’s cost estimate for your treatment is incorrect, you can provide more accurate details about it to set the record straight. 
• Humanitarian and Compassionate Grounds: In certain, rare circumstances, if refusal of your entry to the country would cause undue hardship or disrupt your family, you can pursue a humanitarian and compassionate grounds application (particularly for permanent residence). 

At this stage, it can be extremely helpful to consult with an immigration lawyer. If your inadmissibility finding is upheld, they can help you file an application for judicial review at the Federal Court, reapply for your visa with stronger evidence, or explore alternative immigration pathways.

How Can Border Solutions Law Group Vancouver Medical Inadmissibility Lawyers Help You?

At Border Solutions Law Group, our approach to medical inadmissibility cases involves collaboration and strategic planning. Our Vancouver immigration lawyers are committed to providing our clients with:

• Tailored Plans: No two medical cases are the same. Our team will take the time to understand your exact diagnosis and its cost. This way, we can understand the best way to approach your case.
• In-Depth Case Analysis: We will analyze the IRCC’s findings and all the information or reasoning they have provided to you. We can review how they calculated costs or concluded that you were a potential risk to public health/safety to craft a compelling argument on your behalf.
• Evidence Gathering: Our lawyers will advise you on how to coordinate with your physicians, specialists, or insurers to put together the strongest possible medical and financial documentation of your condition. This way, we can present a strong application or appeal package to IRCC on your behalf.
• Representation at Every Stage: Whether you need help with your initial immigration application, responding to a procedural fairness letter, or pursuing a judicial review in Federal Court, we’ll remain by your side throughout the entire process.

Facing Medical Inadmissibility to Canada? Contact Our Vancouver Immigration Lawyers Today

Facing medical inadmissibility is challenging, but it’s important to remember that many individuals can successfully overcome the finding with proper documentation and professional legal support. If you or someone you know has received a procedural fairness letter, a refusal notice, or are worried about the implications of your medical condition, you should seek advice from our Vancouver immigration lawyers as soon as possible. Contact us today to schedule a consultation. You can call our Vancouver office toll-free at 877-341-6761, or fill out our online contact form now.