BC-Medical insurance or MSP for the Spouse of a "deemed resident" worker

[GandiBaat]

My situation :-

i. Arrived in Canada in Sep.2017 with my spouse. I am on closed work permit, spouse on open work permit (supported by my closed work permit), Both set to expire on 19th Oct 2020. Lived in Burnaby BC.
ii. I flagpolled to a new Work permit to live and work else where in BC for a different employer in Oct 2019. New WP valid till late 2022. Spouse continued on old WP.


Now, I am on WP and hence I have MSP. Spouse is on WP which expired, so MSP (supposedly) goes poof BUT she is on implied status and hence she can live in BC (and hence Canada) as usual. MSP is going poof on 31st Oct 2020 as confirmed with HIBC.


I saw this then:

Definition of resident
https://www.bclaws.ca/civix/document/id/complete/statreg/96286_01

"resident" means a person who

(a)is a citizen of Canada or is lawfully admitted to Canada for permanent residence,

(b)makes his or her home in British Columbia, and

(c)is physically present in British Columbia for

(i)at least 6 months in a calendar year, or

(ii)a shorter prescribed period,

and includes a person who is deemed under the regulations to be a resident but does not include a tourist or visitor to British Columbia;

Definition of deemed-resident
https://www.bclaws.ca/civix/document/id/complete/statreg/426_97#part2.1

.....
b. a person admitted to Canada to work who,

(i)possesses a valid work permit issued under the Immigration and Refugee Protection Act (Canada) for a period of 6 or more months,

(ii)continues to retain such valid authorization, and

(iii)meets the criteria under paragraphs (b) and (c) of the definition;


....
j. a spouse or child of a person deemed to be a resident under paragraph (a), (b), (c) or (g) of this section if the spouse or child meets the criteria
(i)under paragraphs (b) and (c) of the definition, or
(ii)under paragraph (b) of the definition but not that under paragraph (c) of the definition because the spouse or child arrived in British Columbia after June 30 in the calendar year.
[am. B.C. Regs. 111/2005, s. 1; 223/2012, App. s. 2; 188/2019, s. 2.]

Now based on these laws, I am deemed-resident, right? I have a valid WP, I have been living and working in BC (make BC home), living for more than 6 months, physically in BC. Under definition of deemed resident clause (a). That will give my spouse deemed-resident status under j.

Because, I am a deemed resident. They are physically in BC for more than 6 months of this year and they have made BC their home (their spouse live with them in BC, they work legally in BC, pay taxes to BC govt).

They are NOT a visitor, NOT a tourist (implied status) AND they are deemed-resident of BC under regulation j.

So given this situation, can I apply for their new MSP?

Anyone has seen such a situation before?

 

[canuck78]

My situation :-

i. Arrived in Canada in Sep.2017 with my spouse. I am on closed work permit, spouse on open work permit (supported by my closed work permit), Both set to expire on 19th Oct 2020. Lived in Burnaby BC.
ii. I flagpolled to a new Work permit to live and work else where in BC for a different employer in Oct 2019. New WP valid till late 2022. Spouse continued on old WP.


Now, I am on WP and hence I have MSP. Spouse is on WP which expired, so MSP (supposedly) goes poof BUT she is on implied status and hence she can live in BC (and hence Canada) as usual. MSP is going poof on 31st Oct 2020 as confirmed with HIBC.


I saw this then:

Definition of resident
https://www.bclaws.ca/civix/document/id/complete/statreg/96286_01




Definition of deemed-resident
https://www.bclaws.ca/civix/document/id/complete/statreg/426_97#part2.1



Now based on these laws, I am deemed-resident, right? I have a valid WP, I have been living and working in BC (make BC home), living for more than 6 months, physically in BC. Under definition of deemed resident clause (a). That will give my spouse deemed-resident status under j.

Because, I am a deemed resident. They are physically in BC for more than 6 months of this year and they have made BC their home (their spouse live with them in BC, they work legally in BC, pay taxes to BC govt).

They are NOT a visitor, NOT a tourist (implied status) AND they are deemed-resident of BC under regulation j.

So given this situation, can I apply for their new MSP?

Anyone has seen such a situation before?

You mention she is on implied status. When did she apply for her new SOWP? Have you received AOR?

 

[GandiBaat]

You mention she is on implied status. When did she apply for her new SOWP? Have you received AOR?

They applied on 14th Sept 2020. Yes, we have AOR from IRCC, that should be proof of implied status.

I had a word with HIBC today. It seems we are in luck!

https://www2.gov.bc.ca/gov/content/health/health-drug-coverage/msp/bc-residents/msp-covid-19-response

Temporary Coverage
Expired Temporary Work or Study Permits
If your temporary permits have expired and you no longer have MSP coverage, you may be provided temporary MSP coverage if:

• You are currently living in B.C.;
• You have applied for a new work or study permit (implied status);
• You were previously enrolled in MSP as a deemed resident; and
• Your MSP coverage has expired.

Contact Health Insurance BC to request this temporary coverage. This temporary coverage will be valid until Apr. 30, 2021.

They checks all the boxes. Living in BC, applied for new WP, Previously enrolled in MSP (expiring Oct 31) as a deemed resident and her MSP coverage will expire. we were told to apply for Temporary MSP coverage online. HIBC will conjure a letter Temporary of coverage in our mailbox then in just 21 business days, woohoo. The new policy came YESTERDAY, so talk about the timing .

Medical coverage till april 2021 will be enough to cover our time waiting for new wp for my spouse.

 

[canuck78]

They applied on 14th Sept 2020. Yes, we have AOR from IRCC, that should be proof of implied status.

I had a word with HIBC today. It seems we are in luck!

https://www2.gov.bc.ca/gov/content/health/health-drug-coverage/msp/bc-residents/msp-covid-19-response



They checks all the boxes. Living in BC, applied for new WP, Previously enrolled in MSP (expiring Oct 31) as a deemed resident and her MSP coverage will expire. we were told to apply for Temporary MSP coverage online. HIBC will conjure a letter Temporary of coverage in our mailbox then in just 21 business days, woohoo. The new policy came YESTERDAY, so talk about the timing .

Medical coverage till april 2021 will be enough to cover our time waiting for new wp for my spouse.

Yes it does look like covid has worked in your favour when it comes to qualifying for MSP.

 

[GandiBaat]

Yes it does look like covid has worked in your favour when it comes to qualifying for MSP.

I will say, B.C. government has been more than a generous host for the guest workers like us. Covid is still the spoiler... I am living in the most beautiful part of the world yet outings are hard because of this little bugger called coronavirus.

 

[GandiBaat]

FYI for anyone looking at this info, my spouse got MSP coverage confirmed on implied status in BC due to BC govt's Covid policy. If you are on implied status and are in BC, please apply for coverage immediately.

The entire application process in online. You only need scanned documents.

 

[canuck78]

FYI for anyone looking at this info, my spouse got MSP coverage confirmed on implied status in BC due to BC govt's Covid policy. If you are on implied status and are in BC, please apply for coverage immediately.

The entire application process in online. You only need scanned documents.

So just temporary program? After covid it will return back?

 

[GandiBaat]

So just temporary program? After covid it will return back?

Yes, it is a temporary program to help those implied status due to their application in processing valid till April 2021.
They need proof of implied status. Acknowledgement letter (for extension) from IRCC which is send when you apply, proof of payment of application.

Eligibility criteria is narrow enough.
1. Should have been resident of BC before applying.
2. Should have been enrolled in MSP.
3. Should be on implied status and expired WP.

The give a letter of continuation of enrollment valid till April 2021. For me that is more than enough. My spouse applied for the extension in Sept 2020. Their original cover ended on 31st oct 2020. Their temporary cover started from Nov -15 2020. Basically keeping us completely covered. For 15 days while the application was processing, I got temporary cover from my employer.

HIBC told us if and when we get our WP, we can ask them to restore our normal MSP.

 

[drsheela]

FYI for anyone looking at this info, my spouse got MSP coverage confirmed on implied status in BC due to BC govt's Covid policy. If you are on implied status and are in BC, please apply for coverage immediately.

The entire application process in online. You only need scanned documents.

Thanks for the info , after seeing ur post I checked the NL MCP coverage and we can renew under same conditions as well...

 

[rmalik29]

FYI for anyone looking at this info, my spouse got MSP coverage confirmed on implied status in BC due to BC govt's Covid policy. If you are on implied status and are in BC, please apply for coverage immediately.

The entire application process in online. You only need scanned documents.

How long does it take to get the letter? I only uploaded the confirmation letter I received from IRCC. Did I need to upload anything else? I assumed they would have the other info, previous WP and care card details.

 

[GandiBaat]

How long does it take to get the letter? I only uploaded the confirmation letter I received from IRCC. Did I need to upload anything else? I assumed they would have the other info, previous WP and care card details.

Talk to HIBC on phone. They tell what ever you need. I included previous WP, confirmation of application and proof of payment. Care card is essentially your PHN # on your MSP.

 

[rmalik29]

Talk to HIBC on phone. They tell what ever you need. I included previous WP, confirmation of application and proof of payment. Care card is essentially your PHN # on your MSP.

Thanks! How long did it take to get the letter?

 

[GandiBaat]

Thanks! How long did it take to get the letter?

1 month of processing and few days of delivery time. Thats what they told me.
It was bout 15-20 days for me.

 

[rmalik29]

1 month of processing and few days of delivery time.

Oh okay! Thanks