A person might be refused permanent residency on the basis of medical inadmissibility if their medical condition falls under either of the below:
- the medical condition is likely to be a danger the public safety or health; or
- the medical condition is expected to cause excessive demand on health or social services.
As part of background checks, applicants and their dependent family members who have submitted an application for permanent residence have to provide CIC with a medical examination. If the medical report indicates a health condition of the applicant or any of the dependents fit either of the categories above, the officer processing the application will inform the applicant in writing via a Procedural Fairness Letter- medical refusal/excessive demand. The applicant will also be provided a Declaration of Ability and Intent template if the officer believes that the medical condition might cause excessive demand on health or social services.
The applicant will be granted sixty (60) days from the date of the notification letter to respond to CIC. When we respond to CIC on behalf of our clients, we include a lengthy submission, where we prove that our client does not fall within the sphere of being medical inadmissible, along with supporting documentation as evidence to prove the same. It is very crucial to respond within the time period prescribed as not doing so may result in the application being refused.
Once we submit our submission and documentation surrounding new medical information to CIC, a medical officer will examine the information under Procedural Fairness and will either:
- confirm the initial medical opinion, which can lead to a refusal of the application; or
- withdraw the medical opinion.
It is prudent that you contact us when you receive the Procedural Fairness letter in order for us to start working on our submission and gather medical evidence as soon as possible. As there is a strict time period and some requests for medical documentation might take more than 60 days to attain, please do not delay in contacting SSLF.
Please contact Subuhi Siddiqui Immigration Law Firm for your immigration, citizenship or status matter. To set up a consultation, give us a call at (647) 454-9364 or e-mail us at firstname.lastname@example.org.