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Medical Examination For Permanent Resident Applications

Medical Examination For Permanent Resident Applications

If you are planning to immigrate to Canada and have been done with all the primary prerequisites, then a medical exam may be the last prerequisite for the Canadian permanent residence procedure that you need to take care of.

A medical examination is vital in assessing the eligibility of an applicant for entry into Canada. Therefore, every applicant needs to go through a medical exam for guaranteed approval of their immigration application.

The reason behind the medical assessment of immigration applicants is to ensure that they are not a danger to public health nor they are suffering from any condition that may result in excessive demands on the utilization of health or social services.

Who Is Required To Undergo A Medical Exam?

It is of note that not only the principal applicant applying for permanent residence but his or her family member also need to undergo a medical exam even if they are not accompanying the immigration applicant. A medical examination for your dependents is needed to confirm their eligibility in case of a future sponsorship.

What Is Meant By Dependents?

This is what confuses some applicants. It is pertinent to note that “family members” in this context only refer to a husband or common-law partner, dependent children, and their dependent children. It does not include other members of the family.

A dependent child is one who:

(a) has one of the parental relationships listed below,

  1. being the biological child of the parent, if the child has not already been adopted by someone other than the parent’s spouse or common-law partner of the parent, or
  2. is the parent’s adopted child; and

(b) is dependent in one of the following circumstances:

  1. is under the age of 22 years and is not married, or
  2. is at least 22 years old, has relied entirely on parental support since becoming 22 years old, and is unable to sustain themselves due to an illness either physical or mental.

Scenario 1: Suppose you are being sponsored to apply for permanent residence under the family class, your parents or grandparents do not require a medical examination.

Scenario 2: In case you are applying for permanent residence based on economic class and you have a common-law partner who lives with you in Canada, then your common-law partner is required to take the medical exam.

Scenario 3: If you are applying for permanent residency based on your economic class and you have a spouse at home who isn’t traveling to Canada with you, your spouse needs to undergo a medical examination.

Few Key Takeaways That Can Avoid Inadmissibility Of Your Immigration Application

Here are a few key details that the majority of the applicants are unfamiliar of:

  1. Foreign nationals and permanent residents who failed to list every member of their family on an application may be denied admission for making a false statement.
  2. You might not be eligible for permanent residency if you have inadmissible dependents.
  3. A humanitarian and compassionate factor is the only provision in the law that would permit a non-accompanying family member, such as a child in the custody of an ex-spouse, to avoid a medical examination.
  4. The non-accompanying dependent must be assessed, and the principal applicant is expected to make a reasonable effort to make this happen. An officer may decide whether there are adequate grounds to waive these requirements on humanitarian and compassionate (H&C) grounds if the officer is satisfied that the applicant made a reasonable attempt but that the non-accompanying dependent was unwilling or unable to be examined.
  5. In these situations, the applicant should be informed that a non-accompanying dependent child who was not evaluated would be regarded to be excluded and would therefore be no or fewer chances for sponsorship by the applicant in the future as a member of the family class.
  6. In case of divorce or separation, the applicant must persuade the officer that they are divorced from the spouse in order to avoid being declared inadmissible by the spouse.
  7. The applicant must persuade the officer that they do not have parental responsibility for the dependent kid or that they lack the authority to act on the child’s behalf in order to avoid being made inadmissible by a non-accompanying dependent child. To demonstrate that the applicant does not have parental responsibility for the kid or the authority to make decisions on behalf of the child, a court order or a written agreement is typically adequate.

Reach Out To An Immigration Lawyer!

The need for a medical examination takes effect soon after applying for a permanent residence. For a guaranteed approval of your immigration application, the medical exam of you and your family members play a significant role. If you have further questions regarding the medical exam, it is best that you get in touch with an immigration lawyer for tailored advice.

Disclaimer:  Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!

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