Dear Mr Brown:

I am in the process of applying for Canadian permanent residency with my family. However, I have a dependent child who is deaf. Will his hearing impairment affect our application?

— VB

Dear VB:

Canadian Immigration law requires every applicant for permanent residency to undergo a medical examination by a medical officer to determine whether the applicant meets the medical standards of admissibility. The assessment includes a mental examination, a physical examination’ and a review or examination of medical records, laboratory tests, and diagnostic tests.

An applicant is required to be examined by a doctor whose name appears on a list of designated medical practitioners, unless one is unavailable, in which case the applicant is permitted to select a doctor. The designated medical officer prepares a medical profile based on the test results and gives an opinion about whether the person is admissible, inadmissible, or requires medical surveillance.

Medical issues

Applicants suffering from a disease, disorder, disability or other health impairment are assessed to determine whether they will or are likely to be a danger to public health, such as a communicable disease; are likely to be a danger to public safety, such as a mental condition that causes unpredictable or violent behaviour; and their admission would cause or may reasonably be expected to cause excessive demands on health or social services.

Recent case

A recent case was publicised in Canada, in which a Filipino caregiver had to choose between giving up her teenage daughter in the Philippines or her dream of permanent residence in Canada.

The applicant was a registered nurse in the Philippines, and came to Canada in 2007 as a live-in caregiver. In 2010, she worked enough hours to qualify for permanent residency and submitted her application. Citizenship and Immigration Canada advised her that her 14-year-old daughter was found medically inadmissible to join her in Canada because she is deaf.

Immigration officials speculated her daughter’s condition could cost Canadian taxpayers C$91,500 for health-related services over a five-year period. Her daughter has bilateral profound sensorineural hearing loss (deafness) that might reasonably lead to her requiring social services (special education funding).

In response to your specific question, I will state that it is a relevant factor for consideration for your permanent resident application. However, in seeking a remedy, there are opposing arguments that can be submitted. In the recent case example, it is alleged that the applicant is considering an appeal of the decision as she maintains that her daughter is just a normal teenager and does not require any special care. Her position is that the government’s decision is discriminatory because it is based on general stereotypes, rather than on the actual circumstances of an individual. Moreover, based on reviews of her child’s medical file and history, representatives from a public Board of Education and a School for the Deaf both submitted support letters arguing that her daughter will not likely require special education funding.

Please visit jamaica2canada.com for additional information on Canadian Permanent Residence Programmes, including Express Entry, the Study and Work programme, visitor’s visas or appeals.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel, education agent and managing director of jamaica2canada.com — a Canadian immigration and education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.