Hi, I am planning to immigrate to Canada, targeting at PNP stream. I have a 22-year-old daughter with ASD (Autism Spectrum Disorder) who is currently studying in a higher diploma programme. Does she fall into the requirement of "unable to financially support themselves because of a mental or physical condition" and therefore qualifies to be a dependent child?
22-year-old daughter with ASD
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That's awfully categorical. There are ASD children in Canada who may be financially dependent on their parents but studying in college through programs designed to get them higher education.
Is there a clear guideline that the OP can review to understand better?
Is there a clear guideline that the OP can review to understand better?
It says "unable to financially support themselves". This is geared at persons with a severe disability. (this is, of course, my personal understanding of the requirements). There is always the option to seek professional advice from a suitablely qualified immigration lawyer.
ASD people are frequently unable to have stable or meaningful employment (my sister is one), and as such are unable to financially support themselves. There are occasionally provincial support programs in place for them to have disability income, but many ASD people remain dependent on their parents.
Yes, OP can contact a lawyer, but with ASD - it's super complicated. Many ASD people are dependent on their parents despite seemingly being independent to an outside observer.
Most disabled adults do get payments from the government even if th y live with their parents and may receive some home care depending on the disability but the majority of the care falls in the parents. Since there is no school after age 21 a parent usually have to remain at home with the child. There are also wait lists for group homes that are multiple decades long. You can include a disabled adult in your application but their costs can also get you refused.
If a child is able to attend an advanced diploma program they likely don’t qualify to be included.
It's also a two edged sword. This could move the dependent into the realm of "excessive demand", leading to a whole new set of issues.
What I will say is that there are programs where dependent ASD people are given space in vocational colleges (Douglas College in BC, for example), as an effort to get them some sort of skills to help build their dependency. They are still entirely dependent on their parents. BC also has limited employment programs for ASD and other disabilities, where they work 5-10 hours a week to gain some social skills but are still financially dependent.
Yes, it's a razor edge, where the dependency could lead to excessive demand on services, but in provinces like Ontario where the provincial government is gutting services, it may not be.
ASD in particular is difficult even for Canadians to navigate social systems.
I'm just cautioning that a blanket "no" for an ASD person who is not financially independent but who attends school is not necessarily true. Many ASD persons are extraordinarily intelligent but lack social skills or independence to be able to hold down employment. They may attend university with a support worker who helps them navigate through social scenarios or basic life skills but still be conducting complex calculations at a graduate level on their own.
This is why it's a "spectrum" disorder and any generic "yes/no" does not work - at least for Canadians with ASD. The immigration context adds another intense layer of complexity.
Advanced diploma doesn’t mean day program which focuses on life skills. Disability payments and the potential cost of a group home would likely make the child medically inadmissible due to excessive demand. Person can certainly try to sponsor their child but it is far from guaranteed.
Please, just stop using such clear-cut language in relation to ASD. There's nuance and people need to speak to a consultant or a lawyer about it. But you can't just sit back and say "Oh, the person can take an advanced diploma, so they must be financially independent." It's not uniform, it's not standard, the ASD spectrum is different for each person.
Depending on the intended province of establishment, things like group homes may not even be paid by provincial health care, reducing the claim on public services. There's so much nuance and challenge that trying to dispense answers on an internet forum about anything to do with independence and ASD is absolutely pointless.
Parents don't always "choose" group homes. Many families cannot access them, or do not want to access them, preferring to conduct care at home. If a family can afford it, then that's fine. Each case is different.
It might be worth the time to read up on federal appeal cases relating to the subject, although I can find none regarding ASD.
https://www.canlii.org/en/#search/jId=ca&text=unable to be financially self-supporting due to a physical or mental condition
Clearly you are touchy about this subject, I also said that the OP should apply but it was far from guaranteed. It is the potential cost of group home which is the issue and the fact that the adult would likely qualify for monthly disability payments which is likely to cause issues with medical inadmissibility. Family members rarely pay for group homes. The costs would be too expensive except for the extremely wealthy. At this point in Canada you essentially have to abandon your child or get admitted to a hospital to qualify for your child to get a place in a group home for adults with disabilities due to the lack of services. I do believe that CIC will share my view that this young adult is too high functioning. In general the rule is almost more effective from preventing parents from abandoning the disabled children abroad because it is very hard to qualify for both the parents an adult child with medical/social needs.
Thanks for just labelling me as "touchy," I'll take the time to label you as callous and insensitive.
Thank you all for your responses. Then would you suggest that it is not harmful to have a try to include my daughter in my application? The major problem of my daughter is the lack of social skills and life skills, which has caused her many difficulties in her school life so far. And I also expect that it will be a challenge for her to get or hold a normal full-time job in the future. However, we think that we will be able to provide enough financial support to her. Do anyone know what factors the immigration department may consider on this case?