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Appeal under H&C grounds since RO was not met

sansan

Star Member
Jul 2, 2010
50
1
Hi,

Reference to the following:

"In particular, IN TERMS OF IMMIGRATION STATUS, you qualify for OHIP and as long as you have your expired PR cards (less than five years since date of expiration) those should suffice to establish your PR status. (see https://www.ontario.ca/page/documents-needed-get-health-card ). That is, if the officer was saying you could not apply for OHIP because of problems with your PR status, that suggests something else was happening other than being allowed to enter without being reported."

Is there a possibility of BC MSP allowing expired PR Cards (less than five years since date of expiration) for coverage, and if not what is the alternative for medical coverage in BC.

Thanks.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Hi,

Reference to the following:

"In particular, IN TERMS OF IMMIGRATION STATUS, you qualify for OHIP and as long as you have your expired PR cards (less than five years since date of expiration) those should suffice to establish your PR status. (see https://www.ontario.ca/page/documents-needed-get-health-card ). That is, if the officer was saying you could not apply for OHIP because of problems with your PR status, that suggests something else was happening other than being allowed to enter without being reported."

Is there a possibility of BC MSP allowing expired PR Cards (less than five years since date of expiration) for coverage, and if not what is the alternative for medical coverage in BC.

Thanks.
Thought your son renounced his PR? He can’t get MSP if he renounced his PR.
 
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Hooman7175

Newbie
Nov 3, 2019
7
0
Just to translate what @dpenabill has said you will need to remain in Canada for over 730 days. Essentially 739+the time you intend to be away to remain compliant. The issue is that you will need to get PRZtD. I believe it goes through Turkey so getting a PRTD could take a while it is unlike to take a week or two.
I am in this situaton?: i want to stay 730 and get a new pr card and want to go Iran and bach again canada every 3 weeks..is this possible?
 

dpenabill

VIP Member
Apr 2, 2010
6,252
3,018
I am in this situaton?: i want to stay 730 and get a new pr card and want to go Iran and bach again canada every 3 weeks..is this possible?
As long as you have been IN Canada 730 days within the previous five years on the day you return to Canada, there is no PR Residency Obligation issue.

This is true no matter how often you travel abroad. No matter how long you are abroad during a particular trip. What matters is that you have been IN Canada at least 730 days during the five years prior to the day you come back to Canada.

Again, that has NOTHING to do with whether or not you have a new PR card.

The reason to get a new PR card is that a PR needs a valid PR card to board a flight headed to Canada from abroad. There is a difference in what a PR needs to TRAVEL to Canada (to board an airplane to fly to Canada) versus what happens at the PoE upon arrival in Canada.

Also note that it can take months or longer to get a new PR card AFTER you have stayed in Canada 730 days. In particular, for PRs who apply soon after barely meeting the 730 days minimum, the timeline for being issued a new PR card can be significantly longer than the routine timeline. If the application is referred for Secondary Review, for example, that can take up to a YEAR or so.

If the PR does not have a valid PR card, the PR can apply for a PR Travel Document (PR TD) to make the trip to Canada. But only if the PR is in compliance with the PR RO. It can take longer to get a PR TD in some countries, and much longer in a few.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
Hi,

Reference to the following:

"In particular, IN TERMS OF IMMIGRATION STATUS, you qualify for OHIP and as long as you have your expired PR cards (less than five years since date of expiration) those should suffice to establish your PR status. (see https://www.ontario.ca/page/documents-needed-get-health-card ). That is, if the officer was saying you could not apply for OHIP because of problems with your PR status, that suggests something else was happening other than being allowed to enter without being reported."

Is there a possibility of BC MSP allowing expired PR Cards (less than five years since date of expiration) for coverage, and if not what is the alternative for medical coverage in BC.

Thanks.
They will likely ask for a confirmation of status and not accept an expired PR card for the purposes of MSP.
 

vensak

VIP Member
Jul 14, 2016
3,868
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123
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Hi,

Reference to the following:

"In particular, IN TERMS OF IMMIGRATION STATUS, you qualify for OHIP and as long as you have your expired PR cards (less than five years since date of expiration) those should suffice to establish your PR status. (see https://www.ontario.ca/page/documents-needed-get-health-card ). That is, if the officer was saying you could not apply for OHIP because of problems with your PR status, that suggests something else was happening other than being allowed to enter without being reported."

Is there a possibility of BC MSP allowing expired PR Cards (less than five years since date of expiration) for coverage, and if not what is the alternative for medical coverage in BC.

Thanks.
ok technically OIHP - Ontario health insurance and PR card are 2 different things.

1. to be simply PR is not enough to get it in Ontario. There are additional rules there. (like to estabish yourself in the province, wait 3 months and be in the province for at least 6 months for the year).
2. problem is not that much to be able not to qualify under those rules, but to get it at all. Because if they require as an ID card from PR their valid PR card, then you are done for.
So that is actually an indirect requirement to comply with PR obligations (either directly or through a valid H&C case).
The only ease up is for recently landed - (first few months you can use your COPR instead). But of course in that case they are pretty sure, that they could not breach PR RO yet.
 

sansan

Star Member
Jul 2, 2010
50
1
Thought your son renounced his PR? He can’t get MSP if he renounced his PR.
Hi,

Thanks for your reply. Yes he had renounced his PR status.

We thought of applying for his PR whilst he is here in Canada.

As for the BC MSP, there is no possibility of MSP coverage till you have the valid government ID. Is there other possible medical coverage in the absence of the MSP.

Thanks.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
Hi,

Thanks for your reply. Yes he had renounced his PR status.

We thought of applying for his PR whilst he is here in Canada.

As for the BC MSP, there is no possibility of MSP coverage till you have the valid government ID. Is there other possible medical coverage in the absence of the MSP.

Thanks.
Private traveller insurance, but that mostly covers emergencies and not regular visits, and typically will cover your expenses until you can be repatriated.
 

YVR123

VIP Member
Jul 27, 2017
6,423
2,461
My son is 24 years old.
He is an adult without PR status. So he is not covered by MSP. He will need to get traveler's insurance to cover emergency hospital visit.
Other meidcal cost will be out of pocket.
So he will be on visitor all these time while he's applying for PR? Via what route?
 

sansan

Star Member
Jul 2, 2010
50
1
He is an adult without PR status. So he is not covered by MSP. He will need to get traveler's insurance to cover emergency hospital visit.
Other meidcal cost will be out of pocket.
So he will be on visitor all these time while he's applying for PR? Via what route?
Can we sponsor him since he is here. Does he need to go back and do his medical and other checks as per normal PR route.
 

sansan

Star Member
Jul 2, 2010
50
1
He is an adult without PR status. So he is not covered by MSP. He will need to get traveler's insurance to cover emergency hospital visit.
Other meidcal cost will be out of pocket.
So he will be on visitor all these time while he's applying for PR? Via what route?

What are the alternatives medical coverage for those who had not met the RO requirements, and unable to get a valid ID (driver or PR card), as MSP /I ICBC will not be able to issue the care card.
 

YVR123

VIP Member
Jul 27, 2017
6,423
2,461
What are the alternatives medical coverage for those who had not met the RO requirements, and unable to get a valid ID (driver or PR card), as MSP /I ICBC will not be able to issue the care card.
He is NOT a PR. Don't not phrase it as "a PR who had not met RO requirement". He is a visitor and WILL not be covered by BC MSP. He won't be able get or use a care card. Why would healthcare cover any one who is in Canada with a visitor status and not a dependent of any one? He needs to buy private travel insurnace to cover for emergency hospital visits (just in case), like any other tourist in Canada.

He is over 22 and is an adult. No parent can sponsor him. He needs to get enough points/work experience/qualification to apply for PR himself.