Canada has come up with new rules pertaining to medical inadmissibility for immigrant candidates. This has come into effect from June 1. Ahmed Hussen, the Minister of Immigration and Refugees and Citizenship Canada, had in April, promised to look into some controversial provisions that dealt with the excessive demand enclosed in section 38-1(C) and 38-2 of IRPA- Immigration and Refugees Protection Act, Canada. The minister had announced that his department would rewrite these provisions. The promise has been delivered and the new rules have come into effect.

The major change is the tripling of the upper limit for the excessive demand prevalent with Canada’s social and health services.

So, what’s considered excessive?

In 2017, a demand was considered excessive if the maximum limit of cost was $6,655/year or $33,275 over 5 years. Based on these figures, cost threshold for now would be approximately $19,965/year.

According to IRCC, roughly 1000 applicants for temporary or permanent residence are said to be inadmissible on medical grounds. This is around 0.2 percent of applicants who go through medical screening. This was confirmed by IRCC early this year. This ruling has led to savings amounting to 0.1 percent of all health spending that are publicly funded in the country.

 

IRCC issued an update on Friday saying that the objectives of the amendments are three-fold. The update goes” This policy intends to promote the insertion of disabled people in the society of this great nation. It also aims to remove barriers for people who are in need of health as well as social services, who could contribute to the economic and social framework of Canada. Moreover the new policy would continue to strive to safeguard the social and health services for the people of Canada.”

The new policy has modified the definition of social services, which has a direct effect on the assessment of applicants. IRCC has stated that the changes concentrate the immigration medical assessment, on social services that are funded publicly, that are associated with health services. This also aims to focus on those who are unable to integrate themselves into the society. Provisions have been incorporated to provide care and supervise such people.

IRCC has said that making changes to the definition can bring the new policy in accordance with the values of the nation on providing the required support to disabled people to participate in society. This will also ensure security of social and health services for Canadians.

According to IRCC the new rules will be applicable to every foreign national and to his family members with temporary/ permanent application for residence, provided the application was received on April 16, 2018 or later. The new rules also apply if the application was pending as of that time, was sent for redetermination by court, or was returned for reconsideration by the Immigration Appeal Division.

IRCC says an application is said to be pending until it is approved, withdrawn, abandoned or refused.

The provisional public policy will stay until regulatory modifications come into effect.

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