CHILDREN W/ AUTISM and ADHD CASES

[Victoria-20241]

AUTISM and ADHD CASES

For applications for children with autism or ADHD. many people are being denied and misrepresented in the case of humanitarian and compassionate. it is very difficult to get a positive result in a judicial review. an application for a child with autism needs at least a:



1- result from a doctor as proof,

2- proof from the school of inclusion in the IEP,

3- being accepted into a provincial program. (example: in Ontario, the AOP access).

4- proof of therapies.



without proof the officer may think you are lying and deny your case.

 

[mr.niceGuy10]

That's basically what you need, also... show them how difficult it will be for your children in your back country compared to Canada.

 

[skyisthelimitbd]

Well, listen carefully about my situation.
01. My family and dependant were in my home country, when i got my case accepted back in 2021.
02. I have a adult autistic dependant, who was not only autistic but also over 22 years when i applied for refugee claim.
03. I got my PR on 2023 and after that my spouse and dependant file were transferred to related overseas office.
04. There is a clear law stated that if you have dependant over 22 years but if he is mentally/ economically dependant on his parents,he/she will be eligible for PR application.
05. Also, only refugee or their dependants are exmept from 'excess medical needs requirement' prohibition.
06. So if you are refugee, if you even dont have enough medical documentation from your local doctor to support your kids autism/adhd, you dont need to worry, dependants will be allowed unless they have some diseases that is a threat to public health. Autism/adhd is not a threat to public health.
07. Those who are not refugee, their autistic dependants are facing some issues. Some of them passed this barrier but some of them failed.

08. My family got PR after 5 month of my one, and now they are with me in Canada.

 

[canuck78]

That's basically what you need, also... show them how difficult it will be for your children in your back country compared to Canada.

Not quite as simple as that to get approval but certainly a start.

 

[canuck78]

Well, listen carefully about my situation.
01. My family and dependant were in my home country, when i got my case accepted back in 2021.
02. I have a adult autistic dependant, who was not only autistic but also over 22 years when i applied for refugee claim.
03. I got my PR on 2023 and after that my spouse and dependant file were transferred to related overseas office.
04. There is a clear law stated that if you have dependant over 22 years but if he is mentally/ economically dependant on his parents,he/she will be eligible for PR application.
05. Also, only refugee or their dependants are exmept from 'excess medical needs requirement' prohibition.
06. So if you are refugee, if you even dont have enough medical documentation from your local doctor to support your kids autism/adhd, you dont need to worry, dependants will be allowed unless they have some diseases that is a threat to public health. Autism/adhd is not a threat to public health.
07. Those who are not refugee, their autistic dependants are facing some issues. Some of them passed this barrier but some of them failed.

08. My family got PR after 5 month of my one, and now they are with me in Canada.

H&C applications are incredibly different than asylum cases.

 

[mr.niceGuy10]

Not quite as simple as that to get approval but certainly a start.

Yes, not the simple, they have to be convinced about your case.

 

[canuck78]

Yes, not the simple, they have to be convinced about your case.

Lots of variables

 

[richy]

For immigration or humanitarian cases they usually want to see a full trail of documented support needs. Doctor’s report, IEP, proof of therapies, and something that shows you’re actively working on managing the child’s behaviours. The officer basically wants to see that the needs are real and ongoing.

When we went through it, we also included our home-support plan from Autism 360. It wasn’t “therapy,” just documentation showing the routines, behaviour strategies, and support structure we were using daily. It actually helped because it demonstrated consistency in care, which they look for.

 

[dajajaj]

AUTISM and ADHD CASES

For applications involving children with autism or ADHD, many families face denials or misrepresentation concerns in humanitarian and compassionate cases, making judicial reviews particularly challenging. Organizations such as Achieving Stars Therapy ABA highlight the importance of understanding autism-related needs and support documentation. An application for a child with autism should ideally include at least the following:



1- result from a doctor as proof,

2- proof from the school of inclusion in the IEP,

3- being accepted into a provincial program. (example: in Ontario, the AOP access).

4- proof of therapies.



without proof the officer may think you are lying and deny your case.

This is valuable information for families navigating humanitarian and compassionate applications involving children with autism or ADHD. Having medical assessments, IEPs, therapy records, and provincial program documentation can help demonstrate a child's needs and circumstances. Every case is different, though, so working with an experienced immigration lawyer is important. Thanks for sharing this; it could help many families better prepare their applications.

 

[appwarez]

AUTISM and ADHD CASES

For applications for children with autism or ADHD. many people are being denied and misrepresented in the case of humanitarian and compassionate. it is very difficult to get a positive result in a judicial review. an application for a child with autism needs at least a:



1- result from a doctor as proof,

2- proof from the school of inclusion in the IEP,

3- being accepted into a provincial program. (example: in Ontario, the AOP access).

4- proof of therapies.



without proof the officer may think you are lying and deny your case.

I believe each case should be assessed individually, particularly when considering the best interests of the child (BIOC).
Medical assessments, specialist reports, school records, Individual Education Plans (IEPs), therapy records and evidence of access to provincial support programs can all help demonstrate the child's actual needs and circumstances.
I would also emphasize that the best interests of the child must be considered as an important factor in the H&C assessment. There is no single mandatory checklist that applies to every case.
Ultimately, the stronger and more detailed the supporting evidence, the easier it is for the immigration officer to understand the child's circumstances and the potential impact of removal from Canada.

 

[appwarez]

Well, listen carefully about my situation.
01. My family and dependant were in my home country, when i got my case accepted back in 2021.
02. I have a adult autistic dependant, who was not only autistic but also over 22 years when i applied for refugee claim.
03. I got my PR on 2023 and after that my spouse and dependant file were transferred to related overseas office.
04. There is a clear law stated that if you have dependant over 22 years but if he is mentally/ economically dependant on his parents,he/she will be eligible for PR application.
05. Also, only refugee or their dependants are exmept from 'excess medical needs requirement' prohibition.
06. So if you are refugee, if you even dont have enough medical documentation from your local doctor to support your kids autism/adhd, you dont need to worry, dependants will be allowed unless they have some diseases that is a threat to public health. Autism/adhd is not a threat to public health.
07. Those who are not refugee, their autistic dependants are facing some issues. Some of them passed this barrier but some of them failed.

08. My family got PR after 5 month of my one, and now they are with me in Canada.

I believe one important distinction is that protected persons and their eligible family members may benefit from exemptions from certain medical inadmissibility provisions under Canadian immigration law.
However, the dependent-child eligibility requirements still need to be satisfied. For children aged 22 or older, the dependency generally needs to have existed before the age of 22 and continued because of a physical or mental condition.
Your experience is encouraging for families who are waiting for overseas dependants to be reunited with them in Canada.
Congratulations on successfully bringing your family to Canada!

 

[canuck78]

For immigration or humanitarian cases they usually want to see a full trail of documented support needs. Doctor’s report, IEP, proof of therapies, and something that shows you’re actively working on managing the child’s behaviours. The officer basically wants to see that the needs are real and ongoing.

When we went through it, we also included our home-support plan from Autism 360. It wasn’t “therapy,” just documentation showing the routines, behaviour strategies, and support structure we were using daily. It actually helped because it demonstrated consistency in care, which they look for.

Those who have autism and/or ADHD are incredibly different. Their home countries are also incredibly difficult. So it how long people have spent in Canada and their family’s status currently in Canada and historically. Like every other medical condition you must show treatment they are receiving in Canada, treatment they received in their home country and will be able to receive in their home country. Family support in and outside of Canada and the family’s finances because most provinces do not fund as much support as may be recommended, caring for a child with high needs is very draining and after age 21 there is minimal support so whether the family has family/community that will help them care for their child before 21 and after 21 and whether the family has the additional funds to be able to support their child in Canada will also be a consideration. Like most H&C cases it always comes down to the specifics of the case. A child having autism and/or ADHS does not guarantee approval. As others have recommended work with a lawyer. Given the long processing times what will happen if the child doesn’t have access to healthcare for around a decade or get deported that also has to be a consideration.