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So my husband was born with hepatitis B. Me and our kids don't have it. I'm sponsoring him from the US. I read that only tuberculosis and syphyllis would cause a spouse sponsorship to be denied. Can anybody confirm to me that their spouse was able to get a permanent residency eventhough they had hep B? thanks.
Spouses are exempt from the excessive medical demand clause of IRPA. That means, regardless of any illnesses, congenital or otherwise, he cannot be denied on that basis.
To make sure they don't have any infectious diseases that could endanger the Canadian public, like tuberculosis, in which case, they would have to be treated first, but they still wouldn't be turned down.
If a spouse has a condition requiring medical monitoring to ensure the safety of the Canadian public, Immigration must be aware of it. While they cannot refuse a spouse with a condition, it is up to them to make sure they don't admit someone without first taking proper precautions. Some conditions are referred to a Canadian doctor for medical surveillance, which the immigrating spouse must comply with.
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