A foreign national is inadmissible on health grounds if their health condition:
- is likely to be a danger to public health [A38(1)(a)];
- is likely to be a danger to public safety [A38(1)(b)];
- might reasonably be expected to cause excessive demand on health or social services [A38(1)(c)]
Medical admissibility is important to individual applicants, employers and family members. Unrepresented individuals are not aware of the legal significance of a medical inadmissibility finding and how this can be prevented. As well, there are exceptions to this finding
Citizenship and Immigration Canada has become more sophisticated in qualifying certain services into the category of medical and social services. Our niche approach includes meeting the CIC’s policy responsibility with respect to medical inadmissibility [A38], as well incorporating an Applicant’s expectations in meeting that responsibility. More specifically, any plan presented to the CIC together with an Applicant protects public safety and maintains the resource base for health and social services in Canada. Responding to the procedural fairness letter is critical.
For more information on how to deal with medical inadmissibility, contact us today!