CIC website and confusion


CIC image

CIC and confusion

One thing that can be frustrating with respect to the immigration process is that the CIC website often provides information that seems definitive but then turns out to be very contextually narrow or misleading.

For example, in “Guide 5289 – Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289)” the site clearly states:

A foreign national cannot become a permanent resident in Canada if he or she is inadmissible for reasons other than lack of legal immigration status in Canada.

A temporary resident permit (TRP) holder is inadmissible unless the circumstances that lead to the issuance of the TRP are resolved.

The person being sponsored must resolve the circumstances that resulted in the inadmissibility before submitting an application for permanent residence.

So my reading of this would say “if you cannot resolve the medical inadmissibility, you are not eligible for permanent residency as part of the sponsored immigration class.”  I’ve read (and re-read) this section several times.  Yet numerous sources confirm (including the CIC website) that medical inadmissibility is not a bar to sponsorship for spouses.  So, which is it?

I suspect the key to this is the title of this guide: Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class.  Perhaps Guide 3999 is more appropriate, although it also says:

You and your family members, whether accompanying you or not, must undergo and pass a medical examination in order to come to Canada. To pass the medical examination you or your family members must not have a condition that:

  • is a danger to public health or safety
  • would cause excessive demand on health or social services in Canada.

Examples of “excessive demand” include ongoing hospitalization or institutional care for a physical or mental illness.

It seems little wonder why there is so much confusion in this field (and why nobody can give you a simple answer.)

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