Are learning disabilities/mental health issues considered an “undue burden”?

C

confused

New Member
Hello everyone,
I’m currently at university in Canada and will be eventually applying for a PR at some point in the future.
The thing is that I’m contemplating getting a learning disability/ADHD assessment. If I do get an assessment and maybe even a diagnosis, will this hurt my chances of getting a PR? I know there’s no special treatment for learning disabilities or ADHD other than Adderall but I’d like to check anyway.
I also was very depressed when the pandemic first started and had to see my family doctor pretty often. But I’m not depressed anymore and I’m off meds. And I’m seeing my doctor maybe once every two months. Will the immigration people see my insurance history? I never went over my insurance limit if that counts. And is seeing a therapist considered an undue burden as well? My university insurance covers 15 sessions and I can apply for additional funding. I’m registered with Accessibility Services at school because of some anxiety issues, will that hurt my chances? I’m in Ontario if it matters. Thanks.
 
Riley Haas

Riley Haas

Administrator
Staff member
Location
Toronto
First of all, no IRCC cannot see your insurance history unless you send it to them.

But the answer about an undue burden is complicated.

When you came here initially did you know about your health problems and did you disclose them when applying for your study permit?

In Canada the assessment as to whether or not someone is medically inadmissible is made on a case-by-case basis. There's no real way of knowing what the officer will say if they are made aware of the condition.

On the other hand, Canada believes in equal treatment under the law. And there is definitely a possible situation in which you could be denied PR due to medical reasons and then appeal and receive PR because the IRB or a court finds you were treated unfairly. (Though this would be years in the future and likely cost you a lot of money.)

I'm sorry I can't give you more information. One option would be to seek out an immigration consultant or lawyer with experience with cases of medical inadmissibility. Another option would be to just apply for PR and see what happens.
 
C

confused

New Member
Riley Haas said:
First of all, no IRCC cannot see your insurance history unless you send it to them.

But the answer about an undue burden is complicated.

When you came here initially did you know about your health problems and did you disclose them when applying for your study permit?

In Canada the assessment as to whether or not someone is medically inadmissible is made on a case-by-case basis. There's no real way of knowing what the officer will say if they are made aware of the condition.

On the other hand, Canada believes in equal treatment under the law. And there is definitely a possible situation in which you could be denied PR due to medical reasons and then appeal and receive PR because the IRB or a court finds you were treated unfairly. (Though this would be years in the future and likely cost you a lot of money.)

I'm sorry I can't give you more information. One option would be to seek out an immigration consultant or lawyer with experience with cases of medical inadmissibility. Another option would be to just apply for PR and see what happens.
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Thanks for your reply. I didn’t have to do a medical exam when applying for my study permit because of the country I applied from. I had mild anxiety then, which got way worse during my first year of university, especially when COVID hit. But now I’m doing better! I’ll talk to an immigration advisor then.
 
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