Medical Inadmissibility and Family Reunification in Canada: What Happens If a Child Has Sickle Cell Anemia

If the principal applicant obtains permanent residence through Express Entry while other family members remain in the country, and subsequent medical exams for family reunification return unfavorable results (sickle cell disease in two children), Section 38 on health and safety becomes decisive in practice. For someone who is already a permanent resident, this issue doesn’t arise, but for those who don’t yet hold that status, inadmissibility can extend to the whole family under Section 42.

Two Grounds Under Section 38

Section 38 of the law sets out two situations in which a foreign national is found inadmissible on health and safety grounds.

The first: whether the condition poses a danger to public health or safety. In simple terms, this concerns someone who might pose a risk to others. That’s why medical exams include questions that may seem unrelated but are actually assessing mental and psychological state.

The second concerns the clinical side. Doctors check whether there is a condition that would require ongoing care. Such care can be social (continuous support from social services) or medical (for example, regular dialysis).

The Excessive Demand Factor

In the second case, the assessment looks at the extent to which a person would rely on government services. The law calls this the excessive demand factor. The question is framed this way: given the diagnosis and condition, will the person need to regularly access social or medical services, and to what extent?

If the demand exceeds the established national average, the applicant falls under the excessive demand criterion. They are then found inadmissible, and the same applies to the child and, effectively, to the parent accompanying them.

What Changes for the Family

For the principal applicant who is already a permanent resident, the problem described above doesn’t arise. The situation is different for a family that hasn’t yet obtained status. In the scenario described, the child’s inadmissibility under Section 38 extends to them as a dependent, and under Section 42 all family members are found inadmissible.

The consultant featured in the material notes that he speaks mainly about immigration to Canada and provides general guidance rather than an individual assessment.