Phone: +1 (514) 487-2011
  • CONTACT US
  • NEWS
  • LANGUAGES
    • English English
    • Français Français
    • Español Español
    • العربية العربية
    • Português Português
    • Русский Русский
    • עברית עברית

Canada Immigration and Visa Information. Canadian Immigration Services and Free Online Evaluation.

  • HOME
  • PROFILE
    • Immigration Attorney Profile – Colin Singer is an experienced authority on all aspects of Canadian immigration.
    • Authorized by the Government of Canada – Colin Singer has been a licensed immigration lawyer in good standing with a Canadian Law Society for over 25+ years.
    • Our Team – Our team of more than 25 licensed lawyers, immigration consultants and technical staff is ready to provide you with the immigration advice your need.
    • Why Hire an Immigration Lawyer? – The decision to move to Canada is life-changing. A lawyer can help maximize your chances of success and realize your immigration project.
    • Client References – The Quebec law society regulates the way lawyers are allowed to publish references from former clients.
    • Colin Singer Wikipedia Profile

    • Attorney Colin R. Singer

      Colin R. Singer is a licensed immigration lawyer in good standing with a Canadian Law Society during the past 25+ years.

    • Introduction to Immigration.ca Website


    • IMMIGRATION
      • Express Entry Overview
        • Express Entry Immigration Draws
        • Express Entry for Skilled Immigration
        • Comprehensive Ranking System
        • Invitations to Apply for Permanent Residence
      • Federal Skilled Worker
        • Who Qualifies as a Skilled Worker?
        • Eligible Occupations
        • How Can We Help You Immigrate?
      • Federal Skilled Trades
      • Canadian Experience Class

      • Provincial Immigration
        • Alberta
        • British Columbia
        • Manitoba
        • New Brunswick
        • Newfoundland
        • Northwest Territories
        • Nova Scotia
        • Ontario
        • Prince Edward Island
        • Saskatchewan
        • Yukon
      • Quebec Immigration
        • Quebec Skilled Worker
        • Quebec Business Immigration
        • Quebec Experience Program (PEQ)
      • Atlantic Immigration Pilot
        • Rural and Northern Immigration Pilot

      • Sponsorship Immigration
        • Sponsor Your Spouse or Common-Law Partner
        • Sponsor Your Parents & Grandparents
      • Criminal Inadmissibility
        • Impaired Driving Convictions
        • Individual Criminality
        • Organized Crime
        • Rehabilitation
        • Temporary Residence Permits
      • Canadian Citizenship
        • Benefits of Canadian Citizenship
        • Language Requirements
        • Residency Requirements
      • Refugee Immigration

      • BUSINESS
        • Canada offers the most established and widely-used investment-based immigration programs conferring permanent resident status


        • Canada Business Immigration
        • Provincial Entrepreneurs Programs
        • Self-Employed Programs
        • Start-up Visa
          • Eight Things to Know About Canada’s Start-Up Visa Program
        • International Business Immigration Programs
        • Buy a Business

        • Quebec Entrepreneur Program
        • Quebec Investor Program

        • Evaluation Form


          Fill out our FREE Immigration Evaluation Form and we will advise you within 48 Hours if you qualify to Immigrate to Canada.



          Click Here

        • TEMPORARY VISA
          • Canada Temporary Visa Overview – Have you made your decision to come to Canada as a temporary resident? Find out if you require a visa or an eTA.
          • Canada Visit/Tourist Visa – Do you want to visit your family and all the beautiful places Canada has to offer? You may need a tourist visa (TRV) to visit Canada.
          • Electronic Travel Authorization (eTA) – Are you a foreign national exempt from a TRV? You may need an eTA.
          • Canada Student Visa – You have been admitted to your chosen university? It is time to apply for a study permit.
          • Canada Work Permit – You found a sponsoring employer and you are eager to start your experience in Canada? Obtaining a work permit may be the solution for you.
          • Parents and Grandparents Super Visa – If you want your parents or grandparents to come visit for a longer period of time, a super visa may be the best solution.

          • STUDY
            • Why Study in Canada?
            • Student Direct Stream
            • Study in Canada News Articles
            • Study in Canada FAQ

            • Study in Canada: Steps
              • Step-by-Step Guide for International Students
              • How International Students Can Immigrate to Canada
              • Find Universities in Canada
              • Find Colleges in Canada
              • Get Admission to a University or College
              • Language Tests Converter
              • Financial Requirements
            • Work and Study in Canada
              • Work and Study in Canada
              • Internships and Co-Op Programs
              • On-Campus Work
              • Off-Campus Work
            • Work After Graduation
              • Work After Graduation
              • Post Graduation Work Permit
            • Studying in Quebec
              • Conditions to Qualify under PEQ – Graduate of Quebec Stream
              • How to Prove French Abilities under PEQ
              • Financial Requirements to Study in Quebec

            • EMPLOYMENT
              • Employment & Recruitment
                • Canada Priority Residence Program (CPRP)
                • Canada Employers
                • Job Search for Immigrants
                • Recruitment Team
              • Work Permits
                • LMIA-Based Work Permits
                • LMIA-Exemptions
                • Work Permit Exemptions
                • Open Work Permits
                • Global Skills Stream
                • International Mobility Program
                • International Experience Canada Program
                • Working in Quebec
                • Live-in Caregivers
              • The Application Process
                • How to Apply for a Work Permit?
                • What Happens After Submission?
                • How to Change or Extend Your Work Permit?
              • Working While Studying
                • Work on Campus
                • Work off Campus

              • Evaluation Form


                Fill out our FREE Immigration Evaluation Form and we will advise you within 48 Hours if you qualify to Immigrate to Canada.



                Click Here

              FREEEVALUATION
              Monday, 29 August 2016 / Published in Humanitarian and Compassionate (H&C) Consideration, Immigration, Immigration Manuals

              Medical Inadmissibility A38 (1)


              Last Updated on August 29, 2016

              The Guidelines for the Discovery of Medical Inadmissibility at Stage 1

              The officers would need to confirm medical inadmissibility first. Only then would the authorities be able to grant exemptions for overcoming these issues. For this, the officers would need to request the applicant to complete a medical examination at Stage 1. This is especially so if the authorities have assigned the case to an officer and if one of the following three conditions applies to the case:

              • The applicant has specifically requested for an exemption from inadmissibility requirements concerning health (as specified in the provisions of A38) and the officer believes that various humanitarian and compassionate (H&C) factors could outweigh the inadmissibility
              • The officer suspects that the case involves medical inadmissibility and finds compelling humanitarian and compassionate (H&C) considerations in the case
              • The officer wants to refuse the case because of the medical inadmissibility

              This is in accordance with the provisions specified in R30 (1) (d).

              In some situations, the officers might find the confirmation of a medical inadmissibility and also, enough compelling circumstances that warrant the granting of an exemption. In this scenario, the officers would need to:

              • Inform the applicant about the inadmissibility and provide an opportunity for the applicant to make the relevant submissions
              • Consult with the provincial health authorities if needed
                • If they consult the authorities, they would need to include the results of any consultation as part of the referral package for the delegated decision maker and.
              • Refer to the delegated decision maker

              In case the officers find that the situation does not warrant an exemption, they would need to refuse the application. Officers have the ability to refuse the application without requesting for a medical if:

              • They intend to refuse the application at Stage 1 and,
              • The appearance of a possible medical inadmissibility would not lead to them changing their decision

              Note:

              • The authorities have enabled visa or immigration officers and Border Services Officers to issue medical instructions to visa / immigration officers
              • Visa or immigration officers and Border Services Officers could instruct visa / immigration officers to provide the applicant with the Global Case Management System (GCMS) generated IMM 1017E and instructions
                • The client would then need to undergo the medical examination within 30 days of receiving the instructions
                • In some cases, the authorities might have permitted the client a dispensation for using a non-panelled physician
                • In this scenario, the visa or immigration officer would need to issue an IMM 5419E along with the IMM 1017E
                • In addition, the officers would need to add the comment ‘Permission given to use a non-panel physician’ at the top of the IMM 1017E
                • Thereafter, the officer would need to place a visa office stamp over the comment
              • Similarly, visa or immigration officers and Border Services Officers could instruct Border Services Officers to provide the refugee claimant with the appropriate instructions
                • Thereafter, the Border Services Officers would need to remind the claimant to go for the medical examination within 30 days
              • It is worth mentioning that clients also have the option of proceeding with an upfront medical examination before submitting their application
                • This is usually prescribed for certain categories as listed in the application guide
                • The Panel Physician would need to select the appropriate immigration category during the immigration medical examination
                • The Panel Physician has the ability to submit the medical files to Citizenship and Immigration Canada (CIC) on paper or electronically (eMedical)
                • Based on this, the applicant would receive a proof of completion of the upfront medical examination from the Panel Physician
                • Depending on whether the Panel Physician submitted the medical files on paper or electronically, the applicant would receive:
                  • Either the first page of the IMM 1017B-Upfront (copy to client) or,
                  • A printout from eMedical titled ‘Up-front Medical Notification’
                • The applicants would need to attach this proof of the upfront medical examination to their application, before submitting the application to the selected visa office
                • It is worth specifying that panel physicians will have the IMM 1017B – Upfront forms in their offices
                  • In case panel physicians do not have these forms, they would need to contact their regional medical office for restocking

              The Guidelines for the Discovery of Medical Inadmissibility at Stage 2

              The officers would need to:

              • Refuse the application for permanent residence if they determine that there are insufficient humanitarian and compassionate (H&C) grounds for granting an exemption to overcome the provisions specified in A38 and,
              • Send the application to a delegated decision maker if the officers believe that various humanitarian and compassionate (H&C) factors might outweigh the health inadmissibility
              • For more details, officers could refer to the section titled ‘The Process for Medical Refusals’ given earlier in this document

              The Excessive Demand on Health or Social Services A38 (1) (c)

              Officers would typically be assessing cases that involve the provisions specified in A38 (1) (c). These provisions refer to the Excessive Demand on Health and Social Services. While assessing these cases, the officers would need to consider the following factors:

              • The cost of the treatment or care, if available
              • The arrangements for covering treatment, care and other costs e.g. private insurance, family finances, public health coverage etc. (if the health inadmissibility is one that affects health or social services)
              • Whether the applicant is likely to become self-supporting
              • Whether the possibility of the person requiring public assistance exists and,
              • The extent of the applicant’s anticipated need for health or social services in relation to the average demand for these services by Canadian residents

              Quebec Cases

              It is worth highlighting that the approval in principal i.e. a positive Stage 1 assessment would need to take place before the officers can request for a Certificat de Sélection du Québec (CSQ) from the Ministère de l’Immigration et des Communautés culturelles (MICC). This is why officers usually follow a different procedure for applicants residing in the province of Quebec.

              • If the officers know about the applicant’s medical inadmissibility before the Stage 1 decision
                • The officers would need to send the application to the delegated decision maker if sufficient humanitarian and compassionate (H&C) considerations exist
                • In some situations, the decision of the decision maker might be positive
                  • In this scenario, the officers would need to request for:
                    • A Certificat de Sélection du Québec (CSQ) and,
                    • A non-objection letter
                  • The decision would continue to remain conditional until the authorities issue the Certificat de Sélection du Québec (CSQ) and the non-objection letter
                • Once the authorities issue the Certificat de Sélection du Québec (CSQ) and the letter of non-objection, the officers would need to finalise Stage 2
                • In case the authorities do not issue the Certificat de Sélection du Québec (CSQ), the officers would need to notify the applicant of the possibility of gaining admission to another province, if the situation warrants this
              • In case the authorities discover the applicant’s medical inadmissibility after a positive Stage 1 decision
                • The officers would need to send the application to the delegated decision maker if sufficient humanitarian and compassionate (H&C) considerations exist
                • In some situations, the decision of the decision maker might be positive
                  • In this scenario, the officers would need to request for a non-objection letter
                  • They would do this even if the authorities have already issued a Certificat de Sélection du Québec (CSQ) without being aware of the applicant’s medical inadmissibility
                  • The decision would continue to remain conditional until the authorities issue the non-objection letter
                • Once the authorities issue the Certificat de Sélection du Québec (CSQ) and the letter of non-objection, the officers would need to finalise Stage 2
                • In case the authorities do not issue the Certificat de Sélection du Québec (CSQ), the officers would need to notify the applicant of the possibility of gaining admission to another province, if the situation warrants this

              Note:

              • This specification applies to applications made in Canada and overseas

              Are you eligible to Immigrate to Canada?

              Find out if you are eligible to immigrate to Canada in less than 48 hours by filling our FREE Online Evaluation form. Click Here. 

               

              Close

              Immigration Manuals

              • Express Entry Manuals

              CANADA NEWS ARTICLES

              Recent Posts

              • Canadians Want Border to Stay Closed, Expect Return to Normal In Second Half of 2021: Poll

                Canadians Want Border to Stay Closed, Expect Return to Normal In Second Half of 2021: Poll

              • Canadian Immigration Program For Hong Kong Youth Gets 500 Applicants In First 3 Weeks

                Canadian Immigration Program For Hong Kong Youth Gets 500 Applicants In First 3 Weeks

              Site Search

              Podcasts

              Listen on Google Podcasts

              Subscribe to Our Newsletter

              Interested Candidates

              Find out whether you qualify to Canada by completing our free evaluation form We will provide you with our evaluation within 1-2 business days.

              • Free Evaluation Form

              Interested Agents

              Immigration.ca welcomes affiliations with qualified agents. Follow the link below to find out more.

              • Contact Us

              Interested Employers

              Kindly contact us here to receive further information.

              • Contact Us


              News

              Read more news about Canada Immigration.

              • Latest News

              Follow Immigration.ca

              facebook
              twitter
              Follow
              youtube
              linkedin

              What You Can Read Next

              Canadians Want Border to Stay Closed, Expect Return to Normal In Second Half of 2021: Poll

              Canadians Want Border to Stay Closed, Expect Return to Normal In Second Half of 2021: Poll

              22 April 2021 By Colin R. Singer in Canada Immigration News Articles, Canada-U.S. border, Coronavirus
              Canadian Immigration Program For Hong Kong Youth Gets 500 Applicants In First 3 Weeks

              Canadian Immigration Program For Hong Kong Youth Gets 500 Applicants In First 3 Weeks

              21 April 2021 By Colin R. Singer in Canada Immigration, Canada Immigration News Articles
              British Columbia Immigration Invites 90 IT Applicants In New Tech Pilot Draw

              British Columbia Immigration Invites 90 IT Applicants In New Tech Pilot Draw

              21 April 2021 By Colin R. Singer in British Columbia News, Canada Immigration News Articles, Provincial News Articles
              Canada Budget: Ottawa Announces Investment Of $430m To Take Immigration System Digital

              Canada Budget 2021 Boosts Immigration Programs

              20 April 2021 By Colin R. Singer in Canada Immigration, Canada Immigration News Articles
              Manitoba Immigration Majors On Express Entry Candidates In New Provincial Draw

              Manitoba Immigration Majors On Express Entry Candidates In New Provincial Draw

              20 April 2021 By Colin R. Singer in Canada Immigration News Articles, Manitoba-news, Provincial News Articles

              Canada Immigration

              • Home
              • Profile
              • Immigration
              • Temporary Visa
              • Study
              • Employment
              • Immigration.ca News

              Immigration.ca Network

              • Latest CRS Score
              • SkilledWorker
              • Investment Immigration
              • Buy a Business & Move to Canada
              • GRN Montreal
              • Canada Immigration News
              • Colin Singer

              Other Links

              • Agents and Affiliates
              • Find Our Affiliates
              • Canada Case Law
              • Immigration Wiki
              • Immigration Manuals
              • Operational Bulletins
              • International Business Programs
              • Universities Evaluation Form
              • Colleges Evaluation Form
              • Podcasts
              • Videos
              • eBook Series
              • Publications
              • Wikipedia
              Listen on Google Podcasts

              Help

              • Free Immigration Evaluation
              • Immigration Discussion Forum
              • Immigration FAQ
              • Contact Us
              • Telephone Consultation
              • Download Our New Mobile App
              • Link to Us
              • Sitemap
              • Disclaimer
              • Privacy Statement
              • Fraud Alert

              Contact

              Tel: +1 (514) 487-2011


              Fax: +1 (514) 487-2385



              Canadian Citizenship & Immigration Resource Center (CCIRC) Inc.

              Montreal Head Office
              4999 Ste-Catherine St. W, Suite 515
              Montreal, Quebec
              Canada, H3Z 1T3

              Toronto Office (By appointment)

              Mana Hosseini, B.A., M.B.A., JD
              President, Start Up Visa
              Business Advisory Group

              181 University Ave, Suite 2200
              Toronto, Ontario
              Canada, M5H 3M7

              Email: [email protected]
              Tel: +1 (514) 487-2011 
              Fax: +1 (416) 644-4675


              ©Copyright CCIRC Inc. 2020. All rights reserved.

              TOP
              Immigration.ca Logo
              • Free Evaluation
              • Home
              • Profile
                • Immigration Attorney Profile
                • Authorized by the Government of Canada
                • Our Team
                • Why Hire an Immigration Lawyer?
                • Client References
                • Colin Singer Wikipedia Profile
                • Back
              • Immigration
                • Canada Immigration Overview
                • Express Entry Overview
                  • Express Entry
                  • Federal Skilled Worker
                  • Federal Skilled Trades
                  • Canadian Experience Class
                  • Back
                • Provincial Immigration
                • Quebec Immigration
                • Business and Investment Immigration
                • Atlantic Immigration Pilot
                • Sponsorship Immigration
                • Refugee Immigration
                • Criminal Inadmissibility
                • Citizenship
                • Back
              • Temporary Visa
                • Canada Temporary Visa Overview
                • Canada Visit/Tourist Visa
                • Electronic Travel Authorization (eTA)
                • Canada Student Visa
                • Canada Work Permit
                • Parents and Grandparents Super Visa
                • Back
              • Business
                • Canada Business Immigration
                • Provincial Entrepreneurs Programs
                • Self-Employed Programs
                • Start-up Visa
                • International Business Immigration Programs
                • Buy a Business
                • Quebec Entrepreneurs Program
                • Quebec Investor Program
                • Back
              • Study
                • Canada Study Assessment
                • Why Study in Canada?
                • Student Direct Stream
                • Study in Canada: Steps
                  • Study in Canada: Steps
                  • Step-by-Step Guide for International Students
                  • How International Students Can Immigration to Canada
                  • Find Universities in Canada
                  • Find Colleges in Canada
                  • Get Admission to a University or College
                  • Language Tests Converter
                  • Financial Requirements
                  • Back
                • Work and Study in Canada
                  • Work and Study in Canada
                  • Internships and Co-Op Programs
                  • On-Campus Work
                  • Off-Campus Work
                  • Back
                • Work After Graduation
                  • Work After Graduation
                  • Post Graduation Work Permit
                  • Back
                • Studying in Quebec
                  • Conditions to Qualify under PEQ – Graduate of Quebec Stream
                  • How to Prove French Abilities under PEQ
                  • Financial Requirements to Study in Quebec
                  • Back
                • Study in Canada News Articles
                • Study in Canada FAQ
                • Back
              • Employment
                • Employment & Immigration Programs
                  • Employment & Recruitment
                  • Canada Priority Residence Program (CPRP)
                  • Canada Employers
                  • Job Search for Immigrants
                  • Back
                • Work Permits
                  • Work Permits
                  • LMIA-Based Work Permits
                  • LMIA-Exemptions
                  • Work Permit Exemptions
                  • Open Work Permits
                  • Global Skills Stream
                  • International Mobility Program
                  • International Experience Canada Program
                  • Working in Quebec
                  • Live-in Caregivers
                  • Back
                • The Application Process
                  • How to Apply for a Work Permit?
                  • What Happens After Submission?
                  • How to Change or Extend Your Work Permit?
                  • Back
                • Working While Studying
                  • Work on Campus
                  • Work off Campus
                  • Back
                • Back
              Free Immigration Evaluation
              Click Here

              Free Immigration Evaluation Forms

              • Skilled Worker Assessment
              • Business Immigration Assessment
              • Start-up Visa Assessment
              • Family Class Sponsorship Assessment
              • Canada Study Assessment
              • Telephone Consultation
              Send this to a friend