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In accordance with the provisions specified in R30 (2.1), foreign nationals who have applied for permanent residence status and are members of Canada live-in caregiver class do not require submitting to medical examinations. This is in accordance with the provisions specified in R30 (1) as well.
Therefore, officers can only consider requesting live-in caregivers to complete a medical examination as part of their application for permanent residence under Canada Live-in Caregiver Program (LCP) in certain cases. For instance, they could request the live-in caregivers to complete a medical examination if the officers have reason to believe that the live-in caregivers have a health condition that could be a danger to public health or safety. This is in accordance with the provisions specified in A38 (1) (a) or A38 (1) (b). In this scenario, the officers would need to consult with National Headquarters or the Case Management Branch (NHQ / CMB) on the details of the case in question. The National Headquarters or the Case Management Branch (NHQ / CMB) would need to consider whether the situation warrants an exemption prior to the officers requesting the applicant to complete a medical examination.
Family members of live-in caregivers would always need to complete and clear a medical examination. This medical examination would be a part of a live-in caregiver’s application for permanent residence. This applies to family members of live-in caregivers whether they are in Canada or abroad.
If… | Then… |
The officer does not have any reasons to believe that the applicant has a health condition that could be a danger to public health or safety… | The officer would need to avoid requesting the applicant to complete a medical examination as part of their application for permanent residence. The officer would need to record the medical requirement as “Passed” in the Case Processing Centre (CPC) system.
Note: Officers could well encounter situations where they find that the date of the initial overseas medical assessment is older than five years at the application for permanent residence stage. In this scenario, the Case Processing Centre (CPC) system would not let the office proceed with a new application. Therefore, the officers would need to:
|
The officer does have some reasons for believing that the applicant has a health condition that could be a danger to public health or safety… | The officer would need to refer the relevant case details to National Headquarters or the Case Management Branch (NHQ / CMB) for consideration on whether the situation warrants an exemption on humanitarian and compassionate (H&C) grounds or public policy grounds prior to requesting the applicant to complete a medical examination as part of their application for permanent residence.
The officer would thereafter, proceed accordingly following consultation with National Headquarters or the Case Management Branch (NHQ / CMB). In many cases, this means that the officer would need to request that the applicant complete a medical examination or grant the applicant an exemption and record the medical requirement as “Passed” in the Case Processing Centre (CPC) system (in case of the latter).
Note: In some cases, an officer might request that the applicant complete a medical examination as part of their application for permanent residence after consulting with National Headquarters or the Case Management Branch (NHQ / CMB). The officer would need to record this request in the notes in the Case Processing Centre (CPC) system. |
In some cases, the officers might find that a live-in caregiver has already completed a medical examination as part of the application for permanent residence. In addition, they might even find that the live-in caregiver is currently in the stages of procedural fairness correspondence. Typically, this would have its basis on a medical notification that indicates inadmissibility because of excessive demand under the provisions specified in paragraph 38 (1) (c) of the Immigration and Refugee Protection Act (IRPA).
In scenarios such as this, the officers would need to consider whether the situation warrants providing an exemption of the inadmissibility on humanitarian and compassionate (H&C) grounds or public policy grounds. The officers would need to consult with National Headquarters or the Case Management Branch (NHQ / CMB) on the subject.
In some cases, the National Headquarters or the Case Management Branch (NHQ / CMB) might indicate that a live-in caregiver would need to complete a medical examination as part of the application for permanent residence. In addition, the officers might subsequently find that the live-in caregiver is inadmissible on health grounds based on the provisions specified in paragraphs 38 (1) (a) or 38 (1) (b) of the Immigration and Refugee Protection Act (IRPA).
In these kinds of scenarios, the officers would need to provide the applicant with the choice of requesting for consideration on humanitarian and compassionate (H&C) grounds or public policy grounds. This would typically necessitate further consultations with the National Headquarters or the Case Management Branch (NHQ / CMB). Only after these consultations have taken place should the officers refuse any such requests for consideration under humanitarian and compassionate (H&C) grounds or public policy provisions.
For more details on this, the officers would need to view the instructions on medical requirements. These instructions carry additional details concerning immigration medical examinations.
Source: Citizenship and Immigration
- Published in FST
