Changes to Canada’s Medical Inadmissibility Provisions

Though details are not yet fully defined, and though this appears to be a stepping stone toward even bigger changes on the issue, the Canadian government is easing considerations with regard to inadmissibility for people with medical issues. Please note that medical inadmissibility can impact immigration matters whether the matter concerns a principal applicant or an accompanying dependent, and whether entry is for temporary or permanent residence.

Outside of various issues that relate to medical inadmissibility such as issues concerning people who may pose a risk to Canadian safety or public health, and exceptions for certain classes of immigrants (e.g. sponsored spouses), Canadian law sets thresholds for people who have medical concerns, or who may require access to Canadian social services, based on economic factors. The basic principle is that a person may be medically inadmissible if they are expected to cost the system more than the average cost of a Canadian per year (over a five year period). The most recent estimate in this regard is $6,655/year.

The government announced today that:

  • The threshold for determining the burden that a prospective immigrant (temporary or permanent) might have on the Canadian health care system is being raised from the $6,655 per year threshold noted, to triple that, being just under $20,000, and
  • It is amending the definition of social services by removing references to special education, social and vocational rehabilitation services and personal support services. This will remove such costs from the calculation of ‘excessive demand’, obviously easing concerns where such services may be required.
  • All medical inadmissibility determinations will be centralized in one office, hopefully leading to more consistent analysis.

There are ongoing discussions with provinces (who are responsible for health and social service systems in Canada), and further changes are expected. We will of course advise of any important new updates that may impact ongoing medical inadmissibility considerations, as they are announced.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.