Medical exemptions
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Exemptions from undergoing an immigration medical examination
The exemptions to the medical examination requirement are described in R30(1)(b)-(g), which include
- a person described in paragraph 186(b) who is entering or is in Canada to carry out official duties, unless they seek to engage or continue in secondary employment in Canada
- a family member of a person described in paragraph 186(b), unless that family member seeks to engage or continue in employment in Canada
- a member of the armed forces of a country that is a designated state as defined in the Visiting Forces Act, who is entering or is in Canada to carry out official duties, other than a person who has been designated as a civilian component of those armed forces, unless that member seeks to engage or continue in secondary employment in Canada
- a family member of a protected person, if the family member is not included in the protected person’s application to remain in Canada as a permanent resident
- a non-accompanying family member of a foreign national who has applied for refugee protection outside Canada
Note: A person described in paragraph R186(b), is “a foreign representative, if they are properly accredited by the Department of Foreign Affairs and International Trade and are in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member.”
Exemptions from inadmissibility on grounds of excessive demand
As per subsection A38(2), excessive demand determinations under A38(1)(c) do not apply to
- a spouse, common-law partner or conjugal partner who is a member of the family class
- a dependent child (including a child who has been adopted outside Canada or who will be adopted in Canada) of the sponsor, or of the sponsor’s spouse, common-law partner or conjugal partner who is a member of the family class
- Convention refugees;
- protected persons
- where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in this list
Although such individuals must undertake a full immigration medical examination, they are not assessed for excessive demand and therefore can’t be found inadmissible under paragraph A38(1)(c). They may be found inadmissible under other health grounds.
If a family member was examined and found to be inadmissible
Note: These replace any previous instructions.
In most cases, an applicant will be found inadmissible on the grounds of having an inadmissible family member if that person, whether accompanying or not has been determined to be inadmissible [A42(1)].
An family member who is inadmissible will make the applicant inadmissible. Even if the family member is non-accompanying, there are circumstances under which the applicant is still inadmissible [R23]. These circumstances include non-accompanying family members who are
- spouses, except if they are separated (in law or fact)
- common-law partners
- dependent children, of whom the applicant or their accompanying family member has custody or the power to act on their behalf
- dependent grandchildren, of whom the applicant or their accompanying family member has custody or the power to act on their behalf
In order to not be rendered inadmissible by a non-accompanying dependent child, the applicant must satisfy an officer either that they don’t have custody or that they don’t have the power to act on behalf of the child. This includes situations where another individual has sole legal custody or guardianship of the child. Depending on the circumstances, a court order or written agreement may provide sufficient evidence that the applicant doesn’t have (or never had) custody or legal authority to act on behalf of the child.
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