Overcoming Medical Inadmissibilty on Grounds of Excessive Demand

In your process to secure permanent residence in Canada, you may receive a letter from Immigration, Refugees and Citizenship Canada inviting you to respond to concerns relating to medical inadmissibility. You need to take this seriously and you must tread carefully.

The Immigration and Refugee Protection Act (IRPA), requires that every individual applying of Permanent Residence (PR) in Canada and their dependents undergo medical examinations by an approved Panel Physician. Individuals who have chronic conditions may have their PR applications refused on grounds of excessive demand for publicly-funded health and social services. 

A person with a medical condition will be deemed to create an excessive demand if their use of health and social services would add to existing waiting lists for certains services or the individual’s use of social and health services would likely be triple that of the average Canadian. Currently, applicants with chronic conditions must show their demand for health and social services to be less than $21,204 annually  for at least 10 years.  

If an officer has reason to believe that an applicant may be inadmissible, a visa officer will notify the applicant through a Procedural Fairness Letter (PFL). The officer will then invite the individual to submit a Declaration of Intent and Ability (Declaration) to address any concerns set out in the PFL.  This is an opportunity for the applicant to refute their inadmissibilty. 

Individuals must show with evidence that the applicant can either independently shoulder costs exceeding the $21,204 CAD mark, or provide proof showing the social and health services needed for the individual are less than $21,204 CAD. 

An applicant should submit through the Declaration a detailed plan outlining funds that would mitigate exceeding costs, as well as any other measures the individual will take to ensure their use of social and health care costs does not exceed $21,204 CAD. 

Individuals should submit secondary medical opinions, previously used alternative care solutions, evidence proving certain services and medication not necessary to the individual’s well-being. If applicable, information relating to personal or employment insurance may be included to strengthen a Declaration. 

Applicants should note promises to commit funds towards shouldering costs independently or refraining from using publicly funded services once granted PR are insufficient to reverse inadmissibility.

If an individual’s inadmissibility is maintained even after submitting a Declaration, the individual may file an application for leave to commence judicial review in the Federal Court of Canada. An applicant may argue that a visa officer erred substantively or procedurally in deciding an individual’s admissibility. If successful, a judge will order the redetermination of a PR application under a new officer and may require an applicant to undergo another medical examination. As a last resort, if inadmissibility continues to be maintained, an officer may still grant the applicant a temporary resident visa. They may choose to enter Canada and submit and inland PR application with time.

If you or your dependent family member has a medical condition, contact us to learn how we can help you overcome medical inadmissibility, prevent refusal and secure Permanent Residence in Canada.