Is My Spouse Medically Inadmissible?

Nancy Elliott
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How to address a medical inadmissibility issue

I would like to sponsor my spouse for permanent residence in Canada. She is here on a study permit, which will expire in December 2013, and we were married last week in Markham. Recently, she was diagnosed with a rare blood disease which will require ongoing medical care, but she will likely live a full and long life. Will she be refused permanent residence as she is medically inadmissible? If so, will this affect her study permit? How can she remain with me in Canada?

There are three types of medically inadmissible people: people with a health condition that is likely to be a danger to public health, individuals with a health condition that is likely to be a threat to public safety, and people with a health condition that might reasonably be expected to cause excessive demand on health or social services. Although all applicants for permanent residence must take a medical examination, spouses, common-law partners, and minor children are exempt from part of the rules regarding medical inadmissibility. If your sponsored spouse has a medical condition which is a danger to the public health or safety, she will be found to be medically inadmissible.

However, If her disease will not pose such a risk (i.e. she would just be ineligible for excessive demand on health or social services), she will not be medically inadmissible. If the blood disease she has is not contagious or otherwise dangerous to the public, you can still succeed in your sponsorship application. If it turns out that she has a condition that she will pose a danger, you should obtain further legal advice, as she may still be able to stay in Canada with proper monitoring and treatment.

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Nancy Myles Elliott is a business person and lawyer, focusing on solutions for individuals and companies seeking to invest or relocate in Canada. Ms. Elliott leads her own law firm, focusing on immigration and citizenship law, as well as advising on corporate legal matters relevant to new immigrants.
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