- Dec 23, 2014
- 2,902
- NOC Code......
- 2173
- App. Filed.......
- 26th September 2021
- Doc's Request.
- Old Medical
- Nomination.....
- None
- AOR Received.
- 26th September 2021
- IELTS Request
- Sent with application
- File Transfer...
- 11-01-2022
- Med's Request
- Not Applicable, Old Meds
- Med's Done....
- Old Medical
- Interview........
- Not Applicable
- Passport Req..
- 22-02-2022
- VISA ISSUED...
- 22-02-2022
- LANDED..........
- 24-02-2022
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
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?
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
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......
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.]
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?
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