Examining the general health conditions of the applicants
According to Clause 1 of Article 38 of the Canadian Immigration Law, the following people do not meet the necessary conditions for immigration in terms of public health.
A) The possibility of jeopardizing the public health of the society
b) The possibility of jeopardizing the public safety and security of society
c) Imposing excessive demand on the country’s medical and social system
According to paragraph 2 of article 38, the following people are not subject to note c of paragraph 1 of the aforementioned law, i.e. “exorbitant expenses”:
- Spouse or child in the immigration program through spousal or child sponsorship ( Family Class-Sponsorship )
- Immigration through asylum ( convention refugees )
- Canadian protected persons
- Spouse, child or other family members of the people mentioned in notes 1 to 3 above
What is meant by excessive demand ?
The exorbitant cost includes two issues:
- The cost of medical services and social services that are higher than the threshold level set by the government. This amount is announced by the government every year due to the increase in service rates and is equivalent to 3 times the annual per capita for Canadian citizens. In 2020, medical and social services per capita is set equal to 7068 dollars and therefore the threshold level is 21204 dollars. In other words, if the patient’s medical expenses exceed $21,204 per year, the cost is considered excessive, and according to immigration law, the applicant will be prohibited from entering Canada (inadmissibility). It is worth noting that the length of the treatment period is also taken into account when examining the conditions of the applicants. Under normal conditions, the length of the treatment period and according to the threshold level of treatment costs should not be more than 5 consecutive years. In certain circumstances, the length of treatment can be more than 5 years and in any case up to 10 years.
- Imposing an additional burden on the Canadian health and social services system, which will result in an increase in the waiting time for Canadian citizens to receive such services, and as a result, increase the casualty and death rate.
