September 20, 2017
Overcoming a Medical Inadmissibility
We were recently successful in assisting our client’s family in overcoming a medical inadmissibility finding for a dependent. Had the dependent been found to be medically inadmissible, the entire family would be rendered inadmissible as well.
Initially, the permanent residence application was filed under the Investor Program which was in effect at the time. With the expectation of the the Investor Program to be fazed out, we presented an application to the Federal Court. The intention for the application was to compel Citizenship and Immigration Canada (CIC) to process the application prior to the law changing. The strategy was successful and the application was processed.
However, before finalizing the application, CIC found that one of the dependents was determined to require social services. These were expected to result in an excessive demand. We assisted in advocating for the family on the appropriate medical classification of the condition, as well as providing a detailed Mitigation Plan and legal submissions to overcome CIC’s determination. Following the Visa and Medical Officers’ review(s) of the submissions and Plan, CIC deemed the plan to avoid the creation of excessive demand to be a viable one.