ZIAIE PC, Barristers and Solicitors
  • LAWYERS
  • PRACTICE AREAS
  • NEWS
  • CONTACT US

NEWS

Latest Developments

Updating Canada's Medical Inadmissibility Policy & Increasing inclusiveness in Canadian Society

26/4/2018

0 Comments

 
On 16 April 2018 the Minister of Immigration, Refugees and Citizenship announced an update to the policy regarding medical inadmissibility under Canada's Immigration and Refugee Protection Act. The changes that will come into effect on 1 June 2018 will enable more applicants for permanent residence to be approved even if they have a medical condition or disability that may have previously rendered them inadmissible to Canada because of “excessive demand” on the Canadian health care and social services system.

In November 2017 I wrote in depth about the requirement for all applicants for immigration to Canada to undergo medical examinations. Some classes of immigration such as spousal sponsorship or refugees are exempt from medical inadmissibility regulations. However, for many applicants, if the applicant or any accompanying family member has a medical condition that “may cause excessive demand on existing social or health services provided by the government” they can be found medically inadmissible. The threshold for “excessive” demand was set at $6,655 per year (based on 2017 figures), meaning if the officer determined that an applicant would require care and social services in excess of this amount they would be deemed medically inadmissible.

However, this approach has long been criticized as being out-of-date and out-of-touch with Canada's current approach to inclusion and disabilities. Annually approximately 1,000 applicants are denied immigration to Canada because of medical inadmissibility, with at least a quarter of these being families that have children who require special education services that will cost more than the minimum threshold. This means hundreds of applicants are refused each year under the provision because they or their children have a health condition or disability that can be accommodated by Canadian society.

The new policy that will be effective as of 1 June will make two important changes:
1- it will increase the minimum threshold considerably to $19,965 per year (based on 2017 figures), and
2- it will change in the definition of “social services” so as to remove references to special education, social and vocational rehabilitation services and personal support services that an applicant may need in Canada.

The aim of this new policy on medical inadmissibility is to better balance the need to protect publicly funded health and social services with Canada's commitment and views on the inclusion of all persons, including those with disabilities.

To make this policy a reality, the federal government is making important administrative changes including creating a centralized office to make decisions regarding medical inadmissibility, ensuring that information on procedures and requirements are presented in plain-language and that the decision makers and medical officers have updated training to support these changes.

The federal government has been reviewing medical inadmissibility since 2016. However these changes will likely not be the last development in this area. The Standing Committee on Citizenship and Immigration recommended the full elimination of the medical inadmissibility policy and the federal government is collaborating with the provinces and territories to make this recommendation a reality.  
0 Comments



Leave a Reply.

    Authors: 
    Zeynab Ziaie 
    Zahra Ziaie 

    Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case. 

    Archives

    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017

    Categories

    All
    Appeal
    Authorization To Return
    Business Immigration
    Canada Immigration
    Caregiver
    Caregiver Program
    Citizenship
    Criminal Inadmissibility
    Deemed Rehabilitation
    Dependent Child
    Employer Obligations
    Employing Foreign Workers
    Express Entry
    Family Immigration
    Family Sponsorship
    FAQ
    Global Talent Stream
    Humanitarian & Compassionate Considerations
    IAD
    Immigration
    Immigration Canada
    Immigration Lawyer
    Immigration Record Keeping
    Inadmissibility
    Landing In Canada
    Maintaining Legal Status
    Medical Inadmissibility
    Misrepresentation
    NAFTA
    Naturalization
    New Immigrant
    Overcoming Inadmissibility
    Owner Operator Work Permit
    Parent Sponsorship
    PNP
    PR Card
    Provincial Nominee Program
    PR Status
    Rehabilitation
    Residency Obligation
    Settlement
    Sponsorship
    Study Permit
    Temporary Resident
    Temporary Resident Permit
    Temporary Visa
    Tourist Visa
    Visa
    Work Permit
    تحصیل در کانادا
    تحصیل در کانادا
    تحصیل کانادا
    تور کانادا
    تور کانادا
    سرمایه گذاری در کانادا
    سرمایه گذاری در کانادا
    شهروندی کانادا
    شهروندی کانادا
    مهاجرت
    مهاجرت
    مهاجرت خیشاوندی
    مهاجرت خیشاوندی
    مهاجرت کانادا
    مهاجرت کانادا
    ویزا
    ویزا
    ویزای دانش آموزی
    ویزای دانش آموزی
    ویزای دانشجویی
    ویزای دانشجویی
    ویزای کار کانادا
    ویزای کار کانادا
    ویزا کانادا
    ویزا کانادا
    وکیل مهاجرت
    وکیل مهاجرت
    وکیل مهاجرت کانادا
    وکیل مهاجرت کانادا

    RSS Feed

Copyright © 2019 Ziaie PC  All rights reserved  |   Terms of Use   |    Privacy Policy