BC Inlanders thread

[sophieee]

I found a very interesting post on the petition's site:
https://www.change.org/p/citizenship-and-immigration-canada-improve-processing-time-for-inland-spousal-sponsorship-and-grant-open-work-permit-upon-aor/u/8056190
I was able to contact the writer of the post, and he gave me some very useful information that I would like to share with you:

The information you need is available at www.openinfo.gov.bc.ca, use the search box on that page to find 'HTH-2014-00164' which is the document that includes the HIBC Eligibility Manual etc. It is also helpful to be familiar with the Medicare Protection Act and the Medical and Health Care Services Regulation (BC Reg 426/97) which is available online, Part 2 - Beneficiaries - ' Deemed Residency' is the good bit!

With that information call HIBC and ask to speak to an enrolment specialist, ask for a status update on your application (I'm assuming you've applied!) and when you are told enrolment is denied ask to which page of the Eligibility Manual the operator is referring when deciding to deny enrolment - tell them you will need this information to take the matter further. I also stated that the Medicare Protection Act and the Medical and Health Care Services Regulation (BC Reg 426/97) Part 2 (d) and (e) both clearly state that people in my spouse's situation are entitled to coverage and I needed to know on what grounds HIBC was disregarding the Rules and Regs that govern them.

I am also part of a complaint lodged with the BC Ombudsman - when I explained what was going on I was asked if I would like to add my name to a joint complaint as there were many people who had already had lodged complaints about how HIBC denies coverage to people who are clearly entitled according to the Rules. I have also written to Terry Lake - and will do again - and urge any in our position to do the same.

Don't give up - keep on at HIBC as the law is on your side and they are counting on people to accept what they're told without question. If your spouse meets the criteria in the Rules and Regs they are entitled to MSP coverage.

I looked up the Ombudsman's site, this is the closes case I could find:
https://www.ombudsman.bc.ca/investigations/case-summaries/health/223-eligibility-requirements-for-an-adopted-child
I think once you were denied it's worth to make a complaint, you can do it online.

 

[eleventhirtyfour]

I actually just joined this forum because it has now reached the boiling point with these Federal and Provincial incompetencies.
We are an inland application, received on Sept 6, 2013 AND are having the same runaround denials from MSP.

Are any numbers of people having success arguing with MSP on the phone? It has been such a useless back and forth to get them to understand that my partner IS eligible according to their very own literature.
I have been fine just plodding along and assuming time will take care of itself, but a year in with no MSP is getting a bit much. Time for round 2?

 

[faH]

Hi, was your application transferred to Mississauga and did you receive a letter to that effect? I was able to successfully deal with MSP over the phone finally speaking with what I believe was a supervisor and now have coverage. It certainly required numerous phone calls and patient persistence.

I actually just joined this forum because it has now reached the boiling point with these Federal and Provincial incompetencies.
We are an inland application, received on Sept 6, 2013 AND are having the same runaround denials from MSP.

Are any numbers of people having success arguing with MSP on the phone? It has been such a useless back and forth to get them to understand that my partner IS eligible according to their very own literature.
I have been fine just plodding along and assuming time will take care of itself, but a year in with no MSP is getting a bit much. Time for round 2?

 

[eleventhirtyfour]

I'm glad that worked for you... The copy of that letter is somewhere... but we do both (sponsor/applicant) have unique UCI's. Or did you have to send them a copy of that letter? I can't believe that I'm going to have to ask for a copy of that form letter from CIC, but I will try it if people think it will work.

Hi, was your application transferred to Mississauga and did you receive a letter to that effect? I was able to successfully deal with MSP over the phone finally speaking with what I believe was a supervisor and now have coverage. It certainly required numerous phone calls and patient persistence.

 

[jalee5225]

Wow so thankful for this thread. Trying to get my head around immigration for my wife when we get married later this month...Also, thanks for the info on MSP!

Just a few questions:

1. Is it really true that after she moves here from Korea, she can do an outland application? I read that in this thread, but I can't seem to find any information on it on the government's website. I thought it had to be inland for sure...?

2. She'll be landing in YVR in November with a return ticket in 6 months. Our original plan was to do an inland application, so what should she tell the Customs officer? I've heard horror stories (whether they are true or not) that some Korean girls get turned away when they say they are coming to stay with their husbands? I'm of the idea that honesty is always the best policy, but has anyone experienced what to say?

3. Her sister is probably going to get married next spring. Based on my understanding, once the application is underway, there is no leaving the country. Am I correct in this? I'm going to assume this means no day trips down to seattle, or small getaways to portland?

Thanks so much!

 

[computergeek]

1. Is it really true that after she moves here from Korea, she can do an outland application? I read that in this thread, but I can't seem to find any information on it on the government's website. I thought it had to be inland for sure...?

She is always permitted to apply through the visa office of her home country. She is allowed to apply from inside Canada if she qualifies for the "spouse/partner in Canada class". I lived in Canada for the entirety of our application but was processed via the Outland application.

2. She'll be landing in YVR in November with a return ticket in 6 months. Our original plan was to do an inland application, so what should she tell the Customs officer? I've heard horror stories (whether they are true or not) that some Korean girls get turned away when they say they are coming to stay with their husbands? I'm of the idea that honesty is always the best policy, but has anyone experienced what to say?

What's ideal is for her to have a copy of the sponsorship approval. If that's not possible, a copy of the "fee paid" receipt is usually sufficient - the return ticket is also an excellent idea.

3. Her sister is probably going to get married next spring. Based on my understanding, once the application is underway, there is no leaving the country. Am I correct in this? I'm going to assume this means no day trips down to seattle, or small getaways to portland?

Note that she is not a prisoner and may leave Canada. However, for an inland application, it is a legal requirement of the class that she be living in Canada with her sponsor. If she is refused re-entry she eventually will be found to have failed to meet this requirement.

For an Outland application, she may be anywhere in the world. If she is in Canada, it is best if she remains in legal status.

If you can travel to Canada with her, it would be best, For example, if she flies into Seattle and you pick her up and drive her across the border, YOU can do the talking. CBSA is not really in the business of splitting up couples.

 

[sophieee]

I just want to give you a quick update, our MLA doesn't seem to do anything with our case, but my husband got a phone call from the ombudsman today, an agent will be appointed to us and she/he will contact us shortly, in the meantime they asked us to send a copy of every communication from HIBC, and everything else we find important.

 

[sophieee]

Another update:
The MLA sent a Constituent Inquiry to the Ministry of Health on Sept. 16, we are waiting for the answer.
The Ombudsperson contacted us, but just to tell that due to the huge amount of inquires they are not able to provide us an agent right now, they will contact us again when they can.
With the help of our MP we got an update from CIC, they wrote "the application is pending a first stage of approval". We sent it to the MLA to forward to the Ministry of Health, and we are also sending it to the correspondence we were dealing with at HIBC. Hopefully this will help and finally I could get coverage.

 

[eleventhirtyfour]

Good luck Sophieee! Hopefully that works. I also sent the Ombudsperson our file but we will see what happens next.

 

[sophieee]

Good luck Sophieee! Hopefully that works. I also sent the Ombudsperson our file but we will see what happens next.

Thanks!
How is your case going? Did you already requested a review of the decision from the Operations Director? If you haven't find your letter of the transfer you can try and call CIC, they should be able to send you a copy and with that you should be able to convince HIBC that you are eligible, because it says "sent for further processing", and it's enough for them.

 

[eleventhirtyfour]

Yes... sigh. Just on the phone with CIC (when did the phone system change? Luckily still just pressing zero gets you a human eventually) and we confirmed that on Sept 11th I requested copies of all correspondence with CIC be re-mailed, as our paper copies of the Mississauga Transfer Letter disappeared (don't ask).
Call center guy confirmed that they received the request and that nothing had been mailed. "But don't worry! It shouldn't take them that long to mail it." Right, only a month to print and mail a letter they've already written and an agent could call up at any second.

So, back to the waiting game within the waiting game.

 

[sophieee]

Yes... sigh. Just on the phone with CIC (when did the phone system change? Luckily still just pressing zero gets you a human eventually) and we confirmed that on Sept 11th I requested copies of all correspondence with CIC be re-mailed, as our paper copies of the Mississauga Transfer Letter disappeared (don't ask).
Call center guy confirmed that they received the request and that nothing had been mailed. "But don't worry! It shouldn't take them that long to mail it." Right, only a month to print and mail a letter they've already written and an agent could call up at any second.

So, back to the waiting game within the waiting game.

Oh, I see... If they continue to play for time maybe you can get your MP involved, ours was helpful.

 

[Kae12345]

I sent a letter to MSP at the beginning of September requesting that they add my spouse. We haven't received AIP yet, so I made my case on the letter, and have been calling weekly to check on the status. I have been expecting to have someone tell me that they'd be declining, and then I'd have to argue/beg and make my case again. Well today I called to check on the status and was told that his coverage has been started effective September 1st, and his card is will be sent within the next few weeks! Oh my goodness I'm so excited and relieved.

Thanks to everyone on this forum. I had no idea before that we even could apply for MSP before AIP.

 

[hshi]

If you have the transfer letter from cic indicating your case has been transferred to Missisauga from alberta, you will be covered by MSP. My AOP is Aug.9, 2013 and I called MSP to add my spouse. It worked for me

 

[hshi]

you need the transfer letter from CIC indicating your case has been transferred for further processing. Without this letter, the only chance to get MSP is to wait for AIP which in your case will be several months away

I got an answer. In sort, they can't approve me unless I show something that has a writing "In Process". According the agent both BC MSP and BC law require that the application be "In Process". I can appeal to the Ministry.