Complying with immigration requirements for Canada is one of the most cumbersome tasks faced by people interested in traveling. Sometimes it is believed that all the steps have been successfully completed, but there is one in particular that can slip through the cracks if it comes up unexpectedly: personal health. 

Having a medical condition when traveling to Canada and not having your medical screening endorsements may lead to inadmissibility if you fall into one of three categories: danger to public health, danger to public safety, or excessive demand on health or social services. 

How to avoid this situation? In this blog, I will tell you what to do if you get sick in the middle of the immigration process to Canada and how to support your medical condition. Read to the end and discover the steps and recommendations offered by the experts. Let's get started!

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How to avoid medical inadmissibility in Canada

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Anyone can go through the harsh process of infectious disease, autoimmune disease or sudden mental and physical incapacity. This is known as a medical condition, something that, while not exclusionary or segmentationist, should be handled with rigor and honesty when it comes to entering a country.

In immigration, the most serious error in the medical inadmissibility process is not having a condition, but hiding it. Doing so out of fear of rejection for entry may be considered misrepresentation or misrepresentation.

As experts in immigration legal representation, at Immiland Law, we categorically recommend never concealing a medical condition or diagnosis, as this can be taken as misrepresentation, which would lead to a five-year inadmissibility. 

The question the applicant must ask is: how difficult can it be to support the condition to avoid medical inadmissibility? Is it worth risking five years of rejection? When in doubt, it is best to seek legal representation.

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Understand the categories of inadmissibility to support with appropriate documents.

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To avoid or demonstrate that medical inadmissibility does not apply, it is necessary to understand what the three categories of concern to IRCC (Immigration, Refugees and Citizenship Canada) are all about. These are:

1. Public health hazard: the applicant may be inadmissible if he/she has untreated infectious diseases, e.g. tuberculosis, active syphilis or has been in contact with infectious diseased persons.
2. Danger to public safety: although unusual, it still applies to conditions causing sudden incapacity or mental disorders with a history of aggressive (natural defense response) or violent (intentional harm) behavior.
3. Excessive demand for health or social services: this is the case if the cost of the applicant's medical or social services exceeds the limit established by the government (about CAD 24,057 per year).

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What documents should be collected for the endorsement?

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Supporting documentation will depend on whether your health condition is pre-existing or your immigration medical examination(IME) has raised concerns for Canada and you are formally notified. 

To avoid or overcome the public health hazard, the first step is to ensure that the IME is accurate and complete. 

• Gather your medical records. On the day of the appointment with the Panel Physician (designated by IRCC), have all medical reports, specialist notes, lab test results and diagnoses relevant to your condition.

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• It is also important to make a current list of the medications you are taking beforehand, be specific in the dosage and frequency. All these details help to demonstrate that your condition is controlled or attended by a professional and it is not a personal neglect of your health or insufficient attention.

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• If you have completed previous treatments for an infectious disease, do not hesitate to show clear evidence that these were successfully completed and that you no longer pose a danger to public health. For example, if you have a negative sputum test, show it without fear.

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What documents support you in cases of "Excessive Demand"?

It is almost always the case that excessive demand creates concern for IRCC because, whatever the condition, if the person is not able to pay for their full treatment, even if they are able to enter the country, the public expense can be great. This is not what Canada wants to happen, and there are reasons to believe that it is.

• Focus on minimizing medical costs. Create a medical plan that demonstrates that IRCC's projected costs are excessive or that lower-cost alternatives exist. Who should write this plan to make it credible? A medical specialist.

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• Prepare letters from medical specialists explaining your current diagnosis along with prognosis, and confirming that the treatment can be managed by the applicant (and does not require ongoing government services).

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• It is common for your medication to change from a specific brand to a less expensive generic. This can serve as proof of reduced costs. Then, submit the quote or receipts showing the actual annual cost of treatment.

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• Another support that can help you is evidence of private services, provided that the applicant can pay for them with his or her own funds, without the need for the public system. Here the evidence of economic funds is important. What is written and demonstrable is what guarantees a better understanding of your particular case and, if it is well presented according to the law, immigration will not have any inconvenience in receiving it.

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What to do in case of doubts or fears about the process?

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Supporting the proper documentation to avoid inadmissibility requires organization, knowledge of Canadian law and quick action. Do not hold back in this process either because of doubts that can and should be clarified or because of the fear of being rejected. This would be going blind in the process.

To calculate the "excess cost" and draft an effective mitigation plan, it is recommended to work with a CICC-certified immigration attorney or consultant.

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Legal representation with Immiland Law Professional Corporation

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At Immiland Law, we are specialists in drafting complex documents and Explanatory Letters for visas, permits and permanent residence. Our key service is prevention: we guide you meticulously to avoid mistakes that may result in misrepresentation and compromise your immigration process. 

Contact us if you need to draft a critical letter of legal explanation. Remember that your health condition may make you inadmissible if it is not well supported. Our team is here to help you.

I hope this topic has been of interest to you. Thank you very much for reading, see you soon!

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With love, 

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Immiland Law Professional Corporation