Canada has legalized reasons for refusing permanent residency on medical grounds
The Department of Immigration has decided to make permanent its interim policy on this issue.
The most recent changes regarding immigrant health conditions were made to the Immigration and Refugee Protection Act of Canada in 2018. The law states that anyone who is not a citizen or permanent resident of Canada can be deemed not medically eligible for immigration.
Based on the results of the obligatory medical examination for applicants, which they undergo before coming to the country, the Ministry of Immigration decides whether the treatment of the applicant and his family members would place too great a burden on the public health system. Those who apply for permanent residency must also undergo a physical examination.
On March 16, 2022, the following changes were legalized:
- a tripling of the threshold for the cost of the treatment an immigrant needs;
- exclusion of special education, social and vocational rehabilitation and personal support services from the assessed social services.
The costs that would be needed to treat and maintain an immigrant's health must not exceed three times the per capita cost of health and social services in Canada over a 5-year period. This principle usually does not apply to the applicant's family members: children and spouses who are on welfare. But each case is considered individually.
It is possible to challenge the decision of the Department of Immigration. To do this, for example, you can provide evidence that the disease does not require expensive treatment, as well as proof that the state will not have to pay the costs (show the insurance from the employer or an agreement with the nursing home where you want to place the parent, financial documents).
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