Can a PR who does not meet the 2-yr obligation still apply for OHIB?

[ana.vevo]

Hi,
I have a friend who became a PR in Mar2010. So far, she didn't stay here in Cda. She is planning to come by Mar2014, almost after lapse of 4 years since she landed. Apparently she may face issues with having her PRC renewed..
But, the question here is about having her first-time OHIB card being issued. Is it connected with her PR obligation being met somehow? Or these two things are not related? How she could possibly apply noting that OHIB authorities would be interested to know why she never applied for OHIB since Mar2010? (She didn't apply because she was not residing here, which is the normal course of action..)

Thanks for the help.

Ana

 

[Leon]

I assume you mean OHIP? They should not care if she never had it before. She just has to say that she never applied for it because she's never lived in ON before and that she doesn't have a health card from another province because she has been outside Canada for more than 6 months (which means that even if she did have a health card from another province, she would have lost her health care for being outside too long). Even if she were to admit to OHIP that she wasn't in Canada for 4 years, OHIP isn't immigration and they will not report her.

As for her issues with immigration, as she doesn't meet the RO (residency obligation), it is possible that the immigration officer realizes this as she enters Canada and reports her for it. If they do, she would have to appeal for her PR. If she had H&C (Humane & Compassionate) grounds for not being able to live in Canada, she might win her appeal and keep her PR. H&C grounds may be something like taking care of sick relative or possibly her own severe medical problems while having had a really good job or having studied is not likely to be accepted. If she loses the appeal, she loses her PR and must leave.

If she is not reported as she enters Canada, she should stay in Canada and stay clear of immigration for the next 2 years. That means she should not try to sponsor anybody and she should not try to renew her PR card and she should not leave. Her PR card expiring in the meantime is irrelevant. You don't need that if you are living in Canada anyway. Once she has taken care of her OHIP and drivers license, she will never be asked for it.

After 2 years, she will meet the RO again and can apply to renew her PR card without a problem.

 

[yokona]

I assume you mean OHIP? They should not care if she never had it before. She just has to say that she never applied for it because she's never lived in ON before and that she doesn't have a health card from another province because she has been outside Canada for more than 6 months (which means that even if she did have a health card from another province, she would have lost her health care for being outside too long). Even if she were to admit to OHIP that she wasn't in Canada for 4 years, OHIP isn't immigration and they will not report her.
As for her issues with immigration, as she doesn't meet the RO (residency obligation), it is possible that the immigration officer realizes this as she enters Canada and reports her for it. If they do, she would have to appeal for her PR. If she had H&C (Humane & Compassionate) grounds for not being able to live in Canada, she might win her appeal and keep her PR. H&C grounds may be something like taking care of sick relative or possibly her own severe medical problems while having had a really good job or having studied is not likely to be accepted. If she loses the appeal, she loses her PR and must leave.

If she is not reported as she enters Canada, she should stay in Canada and stay clear of immigration for the next 2 years. That means she should not try to sponsor anybody and she should not try to renew her PR card and she should not leave. Her PR card expiring in the meantime is irrelevant. You don't need that if you are living in Canada anyway. Once she has taken care of her OHIP and drivers license, she will never be asked for it.

After 2 years, she will meet the RO again and can apply to renew her PR card without a problem.

so there's no harm in trying to renew a health card without meeting RO? the worst thing that can happen is that you will be denied but you won't get reported to the immigration?

 

[ana.vevo]

Thanks Leon & Yokona for your comments.
She will apply and we hope they do not deny her OHIP nor they report her to CIC.
Anyways, is there any chance that they report her to CIC? She's getting worried..
If she is denied OHIP, what she should do?

Cheers..

Ana