Canada - new rules on medical inadmissibility take effect - June 05, 2018

New rules

Some New rules on the subject of medical inadmissibility of immigrant candidates have taken effect from June 1st 2018, in Canada.

In April, Ahmed Hussen, Minister of IRCC had made promised regarding these changes. His department took up the task to rewrite the provisions figuring on excessive demand of Section 38-1(C) and 38-2 of the Immigration and Refugees Protection Act – Canada.

The changes now triple the threshold for an excessive demand on health and social services. In 2017, the cost threshold for an excessive demand stood at $6,655 annually or $33,275 for five years. As per those figures, presently it will be $19,965 annually.

IRCC gives the figure of 1,000 applicants, for the people seeking permanent/temporary residence a who are not admissible for medical reasons every year. This forms 0.2 percent of all applicants who opt for medical screening. The savings from this works out only to 0.1 percent of public-fund health spending in the country.

Reason of revisions

Presently, IRCC says that the purpose of these revisions is as follows.

Canada has a public policy which sincerely promotes inclusion of disabled people in the society. It removes barriers for them who need health and social services, and also contributes to improving economic and social fabric. Simultaneously, it also protects health and social services for the residents.

The changes also revise the method of assessing applicants by modifying the definition of social services. These modifications focus on the medical assessment of the publicly-funded social services, which are related to health services and also aim to provide regular supervision and care to the persons, who cannot integrate well into the society.

Changing this definition will help in bringing the policy in tune with Canadian values, and lend support to the effective participation of disabled persons in the society. Simultaneously it will protect health and social services for all countrymen.

Applying rules

IRCC states that the new rules will consider all overseas nationals who are principal applicants and family members having a temporary/permanent resident application received on April 16th, 2018 or later. Another clause mentions that it must be pending on that date, or sent back by the Court for re-determining on or after April 16th, 2018, or was returned by the Appeal Division of Immigration to reconsider on or after April 16th, 2018.

A pending application is one until it is either approved/ withdrawn /refused/ or abandoned.

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