The Government of Canada evaluates the potential impact of immigrants on the country’s health and social services when determining eligibility for permanent residence. Under section 38(1)(c) of the Immigration and Refugee Protection Act (IRPA), an applicant may be deemed inadmissible if they are likely to place an excessive demand on Canada’s publicly funded health or social services.
What Is Excessive Demand?
Excessive demand refers to a situation where:
- The cost of the required health or social services exceeds the average Canadian per capita health and social services costs over a five-year period (or ten years in some cases).
- The need for health or social services would negatively affect wait times or availability of services for Canadians.
Who Is Assessed for Excessive Demand?
- Economic Class Applicants (e.g., Express Entry, Provincial Nominee Programs)
- Family Class Applicants (e.g., parents and grandparents, but not spouses, common-law partners, or dependent children)
- Refugee and Humanitarian Applicants (with some exceptions)
Who Is Exempt?
- Spouses, Common-Law Partners, and Dependent Children of Canadian citizens or permanent residents.
- Refugees and Protected Persons (under most circumstances).
How Is Excessive Demand Determined?
An officer will assess:
- Medical Examination Results– Provided by IRCC panel physicians.
- Medical Officer’s Opinion– Based on the applicant’s medical condition, anticipated treatment, and cost of services.
- Cost Threshold– If the predicted costs exceed the excessive demand threshold, the applicant may be found inadmissible.
Current Threshold: The cost threshold is updated annually and is based on the average per capita cost of publicly funded health and social services in Canada.
What Services Are Considered?
- Health Services– Includes hospital care, prescription drugs, medical specialists, and assistive devices.
- Social Services– Includes home care, rehabilitation, special education, and long-term care facilities.
Procedural Fairness Process
If an applicant is found likely to cause excessive demand, IRCC will issue a Procedural Fairness Letter (PFL), providing the applicant with an opportunity to:
- Respond with additional medical reports or cost estimates.
- Submit a mitigation plan showing how they will cover medical/social service costs privately.
- Demonstrate that their condition does not meet the excessive demand criteria.
Failure to respond may result in a refusal on excessive demand grounds.
What If You Receive a Procedural Fairness Letter?
- Seek legal advice immediately to determine the best response strategy.
- Gather supporting documents such as alternative treatment options, private insurance plans, or affordability proofs.
- Submit a well-structured response addressing concerns raised by IRCC.
How We Can Help
At Fridman and Company, we specialize in inadmissibility cases. contact us today at 204-944-8889 or email us at lawoffice@fridman.ca for personalized support.
For more information, visit the Government of Canada website or contact us for expert legal guidance.
Disclaimer: This article provides general information and does not constitute legal advice. For tailored guidance, consult an immigration lawyer.