Health requirements for immigrating to Australia
Are the rules the same for everyone when it comes to relocating overseas? When a British policewoman responded to a Western Australian government recruitment campaign, she had no idea that her visa application would be rejected. Experienced, she checked all the boxes requested by the Australian government. However, she was forced to withdraw her application due to one of her children's disabilities. The child, a little girl with Down's Syndrome 21, was nevertheless attending a mainstream school in the UK and had a social life like any other child. But the Australian government maintained its position.
Administration issues were pretty vague, and it was hard to find clear information on moiving abroad with a disability. The policewoman ended up consulting an immigration officer, who confirmed that it would be almost impossible for her to immigrate to Australia because of her daughter's disability. This practice may be considered discriminatory but is nonetheless permitted under Australian law. It is, in fact, an exemption from the Migration Act. Yet Australia has laws against discrimination against people with disabilities. This paradox and lack of clarity is detrimental to aspiring expatriates. They sometimes spend thousands of dollars only to see their visa application canceled.
The medical examination is decisive. The Australian government assesses the applicant's situation according to the "health requirements". According to these "requirements", if medical expenses exceed 51,000 USD over the entire duration of the visa (10 years for permanent residence), the application will be rejected. The practice, deemed outdated by critics, embarrasses the Western Australian government. The government has passed a law promoting equal opportunities. Refusing a visa application on the sole grounds that the applicant's child is disabled could be against the law.
The challenges of moving abroad with disabilities or pathologies
First of all, it's important to remember that disability or illness are not obstacles to moving abroad. You need to consider the constraints associated with each situation to anticipate your needs as best as possible, depending on the country you are targeting. Think of transportation, adapted housing, accessibility of stores, administrations and other organizations, and social protection. But even before imagining the new life in the host country, you will need to deal with the administration. Australia isn't an isolated case and reflects the many pitfalls that stand in the way of some prospective expatriates.
Canada: Promoting immigration for people with disabilities
Governments favor economic immigration, more precisely, the immigration of young, active people in good health and ready to work. It's all a question of how administrations define "good health". Canada, for example, welcomes all immigrants in principle, whether or not they have a disability or come with a disabled or non-disabled family member. In practice, however, everything comes into play during the medical examination. This is where the notion of "excessive burden" for the country comes into play. If the government deems the person a "burden" on its health or social services system, it can refuse the application. Here again, the practice is discriminatory but permitted under the Immigration and Refugee Protection Act.
To determine whether the person will constitute an "excessive demand," the Canadian administration establishes a "cost-benefit" calculation based on all the information provided by the applicant: medical tests, doctors' reports, previous treatments, and medical history... Unlike the Western Australian government, Canada does not impose a threshold but considers each application on a case-by-case basis. This does not make it less controversial. The Canadian government has itself admitted that the practice is discriminatory and needs to be corrected.
The Canadian administration insists that "excessive demand" is indeed a legal criterion but remains one among others. The services are just as scrupulous in examining language level or financial capacity. The "excessive demand" criterion does not prevent the immigration of people with illnesses or disabilities. On the contrary, Canada is committed to encouraging the immigration of people with disabilities, notably through a number of employment access programs.
Tips for moving abroad with an illness or a disability
Of course, moving abroad is possible even if you have a medical condition or disability. Travel is a right that is accessible to all and should remain so. Illness and disability, however, call for greater anticipation and preparation. In both cases, the first thing to do is to check with your doctor that your illness or disability allows you to travel to your chosen country. Does the condition require long-term treatment? Will you have to go to hospital? How often?
If the prospective expatriate or a dependant receives government assistance that requires residence in the country, this may be suspended for the duration of the stay in a foreign country. However, there are exceptions: for example, if you are moving abroad to study, undergo professional training, or learn a foreign language. Again, you need to check with the organization providing the aid (often the social security system) to see whether or not the aid received will be suspended. You can also learn about any assistance you may be entitled to in your host country. Regarding schooling, it's important to ensure that children benefiting from special support can find the same, or equivalent, support in the host country.
Useful links:
Disability Rights Education and Defense Fund (DREF) – international laws
Convention on the Rights of Persons with Disabilities (CRPD)
Abilities.com : the resource for the disability community
Disability:In, nonprofit resource for business disability inclusion worldwide
SG Enable : dosability and inclusion in Singapore
France : voyager à l'étranger avec un handicap
Japan Organization for Employment of the Eldery, Persons with Disabilities and Job Seekers (JEED)
