Moving abroad with a disability: Overcome legal and social barriers

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Written by Asaël Häzaq on 19 August, 2024
We can't emphasize this enough: moving abroad with a disability is not only possible, it's increasingly feasible as countries worldwide adopt more inclusive policies. Take France, for instance, which leveraged the Olympic Games to fast-track enhancements to its infrastructure. Despite these advancements, many cities, including Paris, still present significant accessibility challenges for expatriates with disabilities. 

Navigating issues like visa acquisition, securing health insurance, and accessing social aid poses additional hurdles. So, what does one need to consider when planning to move abroad with a disability? Let's explore the key factors to ensure a smooth transition.

Obtaining a visa with a disability is an uphill battle

This is a common fear among potential expatriates with disabilities: not being granted a visa. Australia's case shows that a country can have anti-discrimination policies targeting disabilities while simultaneously discriminating against disabled individuals who wish to emigrate.

When Australia limits immigration for people with disabilities

In its Australian Disability Strategy, the government aims to create an "inclusive society." The strategy seeks to grant equal rights to individuals, whether they have disabilities or not, focusing on areas least accessible to disabled people, such as employment, housing, and rights enforcement. It highlights the 1992 law, which makes any discrimination based on disability illegal.

However, this law does not apply to immigration. Australia is one of the few popular destinations that exempts itself from its own rules to restrict immigration by disabled people. New Zealand has a similar, though less stringent system. Thus, the Australian Strategy excludes prospective expats with disabilities. In practice, Australian law denies immigrant visas based on medical care costs, especially if they exceed 86,000 Australian dollars (approximately 57,000 USD) over ten years.

Visa applications are rejected regardless of the time spent in the country and financial conditions. For instance, Australia recently denied a visa to a child born to foreign parents on its territory. The child has a disability, and the medical expenses exceed the threshold set by law. Although the parents have been in Australia for nearly ten years and have private insurance, their visa application was unsuccessful. Other expatriates or potential expatriates face similar situations.

For experts, banning immigration for disabled people implies that disabled Australians are unwelcome. With affected families, they actively campaign for a revision of the legislation.

Other countries that make immigration challenging for people with disabilities

In 2023, Amnesty International once again raised the alarm. The international organization criticized Australia, New Zealand, and Canada for their practices. As noted earlier, Australia is regularly singled out for its restrictive policy toward disabled people. New Zealand shares Australia's view: any immigration candidate with a disability can be denied if deemed a "high cost to the health system." The country sets "health costs" thresholds and categorically excludes applicants with diseases considered "too expensive," especially targeting physical and mental disabilities, autism spectrum disorders, or brain diseases.

Canada's situation might be less known than Australia's. Yet, Canadian immigration and refugee law includes a "medical inadmissibility" clause for visa/residence permit denial: "public health danger" (infectious diseases...), "public safety hazard" (the expatriate suddenly loses mental and/or physical abilities; becomes unpredictable and/or violent...), and "excessive burden on social or health services." Unlike the Australian view, Canadian law allows exceptions for certain categories of applicants, like sponsored family members (dependent children, spouses, and common-law partners).

Moving abroad with a disability: What you should watch out for

In theory, anyone can move to another country if they meet the visa, residence permit, etc. conditions according to their situation. Disability is not an impediment to immigration. But in practice, people with disabilities face numerous obstacles, starting with possible visa restrictions.

Visa, residence permit, and legislation

Before undertaking any steps, it's crucial to be well-informed about the visa and residence permit procedures. Does the chosen visa have restrictions? If so, which categories of people do they target? Are there any bans on staying for certain disabilities? While most countries highlight their inclusivity and anti-discrimination efforts, in practice, people with disabilities can face an "administrative wall," especially if their case is considered "severe."

Health insurance

What is the level of coverage in the host country? Are the reimbursed care types the same as in the country of origin? What criteria affect the reimbursement rate? These are some of the valuable questions to prepare for emigration as a disabled person. Like Australia, some countries deny applications from candidates with "too costly" diseases based on criteria set by those states. They generally rely on mandatory medical examinations during the immigration process. It's essential to ensure that the health system in the host country will indeed cover a disabled foreigner. Some countries foresee a surcharge if the care ceiling is reached. Others reject applications that exceed set limits even if the applicant or their family can afford the additional cost of care (as seen in Australia).

Social aid

Be careful with social aids. Many of them are linked to residency and thus are lost when the person with disabilities emigrates. Such is the case in France: a person receiving the adult disability allowance (AAH) will lose their allowance if they move to a foreign country. However, there is an exception for people who are moving abroad to study. In any case, it's worth asking if the host country provides aid for people with disabilities and if these aids are accessible to foreigners (housing aid, for example). Beneficiaries of social assistance in their country should calculate the portion this aid represents in their finances.

The most welcoming countries for people with disabilities

Much remains to be done to make cities truly accessible to people with disabilities. States pass laws they do not always respect. New urban constructions often do not sufficiently consider disabilities (narrow streets, lack of ground markings, sound signals, etc.) However, several countries are lauded for their inclusivity efforts. In 2024, Edmonton, Toronto, Montreal, Winnipeg (Canada), Dubai (United Arab Emirates), Stockholm (Sweden), Berlin (Germany), Tokyo, Osaka (Japan), and Barcelona (Spain) are among the most accessible cities in terms of infrastructure.

These cities still face numerous obstacles: non-adapted infrastructure, broken elevators, counters too high, malfunctioning devices, etc. It's also important to note the paradoxes of cities that aim to be more inclusive but whose legislations continue to exclude people with disabilities. This is due to an often too narrow "view of disability," which does not sufficiently listen to the voices of those affected.

Still, things are evolving slowly. In Canada, the province of Ontario aims to be 100% accessible by 2025. Nova Scotia, which has the highest number of people with disabilities, aims to meet the challenge by 2030. In 2021, the European Union adopted a new plan (2021-2030) to "improve the lives of people with disabilities in Europe and around the world." In September 2023, it proposed two new versions of its cards to make life easier for people with disabilities: the European Disability Card and the European Parking Card. Expatriates with disabilities are increasingly sharing their experiences, advocating for more inclusivity. Associations are following suit, ensuring that states' promises translate into actions.

Useful links:

Welcoming Disability: An oganization lobbying the Australian government to revise its law regarding the immigration of people with disabilities.

Americans with Disabilities Act (ADA): information for people with disabilities in the United States.