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Changes to Medical Inadmissibility Rules

Published: Apr 25, 2018

Changes to Medical Inadmissibility Rules

 

Some applications for permanent residence can be denied because the principal applicant or an accompanying dependant family member are "medically inadmissible". There are two types of medical inadmissibility. The first type is someone who is medically inadmissible because they have a disease that is likely to be a danger to the public. The second category are people who have a medical condition that may reasonably be expected to cause an "excessive" demand on Canadian health or social services. The rules dealing with the second kind of medical condition do not apply to successful refugee claimants or to Canadians or Canadian permanent residents sponsoring their spouse, partner, or dependant children.

 

On April 16, 2018 the Minister of Immigration announced that he was going to amend the second set of rules. Until now someone was inadmissible if the services required to treat their health condition or that of an accompanying dependant was anticipated to cost more than what is called the "annual cost threshold". In 2017 the "annual cost threshold" per person was $6,655.00 per year or $33,275.00 over five years.

 

On April 16, 2018 the Minister of Immigration announced he was going to triple the "annual cost threshold". Someone whose anticipated care costs was less that the "annual cost threshold" would therefore be allowed to become a Canadian permanent resident. Some types of social services such as the costs of special education, personal support services, and social and vocational rehabilitation services soon too will no longer be included in the cost of an applicant's "annual cost threshold".

 

It is not clear when this new policy will come into effect. It is rumored to come into effect soon. This change does not do away with the general rules with regard to medical inadmissibility. All these changes do is raise the "annual cost threshold". This is a "tweak", not a change, of the general policy.

 

We believe at Eisenberg & Young LLP that it is still possible to successfully apply for citizenship, temporary worker and permanent resident status in Canada despite these changes. We strongly recommend, given the complexity of the present and ever-changing immigration system, that you do not apply without first obtaining professional help with the application.

 

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