If you apply for permanent residence, you must have an immigration medical exam. Apart from you, your family members must also have a medical exam, even if they’re not coming with you. They need to be examined to assess whether they are likely a danger to public health or to public safety or that they have a condition that might reasonably be expected to cause excessive demand on health or social services.

This is where some applicants are confused. It is important to note that “family members” here does not refer to the extended family but only defined as a spouse or common-law partner, dependent children, and their dependent children.

Dependent child, means a child who

(a) has one of the following relationships with the parent, namely,

(i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or

(ii) is the adopted child of the parent; and

(b) is in one of the following situations of dependency, namely,

(i) is less than 22 years of age and is not a spouse or common-law partner, or

(ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition.

Scenario 1: Let’s say if you are being sponsored to apply for permanent residence under family class, your parents or grandparents do not need a medical exam.

Scenario 2: If you are applying for permanent residence under economic class and you have a common-law partner residing with you in Canada, your common-law partner needs to undergo the medical exam.

Scenario 3: If you are applying for permanent residence under economic class and you have a spouse in the home country and the spouse is not coming with you to Canada, your spouse needs a medical exam.

Here Are A Few Crucial Things That Most Applicants Are Not Aware Of:

1.Permanent residents and foreign nationals who did not declare all family members on an application may be inadmissible for misrepresentation.

2. Having inadmissible dependants might make you inadmissible for permanent residence.

3. The only mechanism in the legislation that would allow a non-accompanying family member, such as a child in the custody of an ex-spouse, to not be medically examined is a humanitarian and compassionate consideration.

4. An applicant is expected to make a reasonable effort to ensure a non-accompanying dependant is examined. If an officer is satisfied that the applicant made a reasonable effort, but the non-accompanying dependant was unwilling or unable to be examined, the officer may determine whether there are sufficient grounds to waive these requirements on humanitarian and compassionate (H&C) grounds.

5. In such cases, the applicant should be advised that a non-accompanying dependent child who was not examined would not be eligible to be sponsored by the applicant in the future as a member of the family class because they would be deemed to be excluded.

6. In order to not be rendered inadmissible by a spouse, the applicant must satisfy an officer that the applicant is separated from the spouse.

7. In order to not be rendered inadmissible by a non-accompanying dependent child, the applicant must satisfy an officer either that they do not have custody or that they do not have the power to act on behalf of the child. A court order or a written agreement is usually sufficient to prove that the applicant does not have custody, or they do not have the power to act on behalf of the child.

This article is for information only and each case requires a specific analysis. If you have further questions regarding medical exam, it is the best that you speak with an immigration lawyer for tailored advice.

Disclaimer: Use of this site and sending or receiving information through it does not establish a solicitor / client relationship. The views expressed and the content provided on this blog is for non-profit educational purposes. It is not, and is not intended to be, legal advice on any specific set of facts. The use of this website does not create a solicitor-client (attorney-client) relationship. If you require legal advice, you should contact a lawyer directly.

 

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Use of the site and sending or receiving information through it does not establish a solicitor / client relationship. The views expressed and the content provided on this blog is for nonprofit educational purposes. It is not, and is not intended to be, legal advice on any specific set of facts. The use of this website does not create a solicitor-client (attorney-client) relationship. If you require legal advice, you should contact a lawyer directly.

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