Conflict Regarding my immigration status in Canada........urgent help needed !!

[shikharpandey]

There are residency requirements to use the healthcare system that many new immigrants and Canadians are unaware of. Even if you have a valid health card you could be asked to repay the government if you don’t meet the residency requirements. Can’t remember your whole story or how long you were in Canada during your first trip but if new immigrants aren’t planning on staying or don’t end up staying over 6 months (or more depending on province) they aren’t entitled to coverage. You can only spend so much time out of Canada or your coverage is no longer valid and could not have been valid in Canada. If you spend too much time out of Canada you have to may have to wait up to 3 months to get your coverage again. Your health card is only valid if you have met the residency requirements even if your health card has not expired. These residency requirements aren’t new.

Are the residency requirements to access health care same as that of residency requirements for PR card or if not then what are basically those requirements (how much time)?
I didn't know that earlier.........thanks for informing regarding it.

My family stayed in Canada for approximately one year and we received our health card (and other cards) around 3 months after arriving..........we probably used the health card in the 2nd half of that year as what I remember and we had no issues while using them.

and as a query........for how much time we stay out of Canada do that we have to wait for 3 months in Canada to get the health care access back and whats the maximum time we can stay out of Canada or tour somewhere ? in order to not lose our health care access ??

 

[canuck78]

Yes healthcare has different residency requirements. It does look like your family had the right to use healthcare during their first visit. Here is an example from Ontario.

Who qualifies
To qualify for OHIP, you must meet all of the minimum qualifications listed below plus at least oneof the additional requirements.

To meet the minimum qualifications you must:

• be physically in Ontario for 153 days in any 12‑month period
• be physically in Ontario for at least 153 days of the first 183 days immediately after you began living in the province
• make Ontario your primary home

http://www.health.gov.on.ca/en/public/publications/ohip/docs/longer_absences_fs_en.pdf

 

[shikharpandey]

Yes healthcare has different residency requirements. It does look like your family had the right to use healthcare during their first visit. Here is an example from Ontario.

Who qualifies
To qualify for OHIP, you must meet all of the minimum qualifications listed below plus at least oneof the additional requirements.

To meet the minimum qualifications you must:

• be physically in Ontario for 153 days in any 12‑month period
• be physically in Ontario for at least 153 days of the first 183 days immediately after you began living in the province
• make Ontario your primary home

http://www.health.gov.on.ca/en/public/publications/ohip/docs/longer_absences_fs_en.pdf

Alright !! Thanks for sharing these requirements. Probably my family had fulfilled these requirements during our stay over there at that time and therefore, we were able to access the health care in Ontario.
By the way what's the additional requirement ? and are these requirements same for Quebec as well ?

 

[shikharpandey]

Hello Everyone once again !!!

In this matter of my immigration status, I would like to seek help from all of you once again. Yesterday. exactly after 4 months since I applied my PGWP, I received an information letter from CIC in my online CIC portal. My friends, who applied for their PGWP along with me in the 3rd week of May, had already started receiving their PGWP in the last 3 weeks and I received no information from them till yesterday.

In my information letter I received yesterday, I was informed that my application for Work permit has been transferred to the Canada Immigration Centre located in Montreal (where I live) for processing and that the Canada Immigration Centre will be contacting me soon with further instructions in due course. Also they stated that "passport for yourself and your family members must be valid for the duration of your stay in Canada" (although I am not able to understand the relevance of this statement in the context of my case).

Does anyone know ?? or have any idea or knowledge of what they would do..........now that my application for PGWP has been transferred to a Canada Immigration Centre in Montreal.............like would they be verifying my PR status now ??.........or would they call me in for asking some questions ??? Like what can I derive from this information letter or what should I be prepared for now that I have received this information letter from them ?? because I have no idea about what can happen now ??

If somebody can provide some information regarding this.......it would be great.......like what happens when a PGWP application goes to a Immigration Centre etc etc....
I really hope........I can come out of this uncertainty regarding my status soon and get a decision which comes in my favour.

@21Goose @k.h.p. @canuck78

Meanwhile........after taking a period of approximately 3 months.............Visa processing office of Delhi, India has refused the Visitor Visa to my parents and my brother even after they renounced their PR status in the process. They provided around 4 grounds on which they rejected the Visa application.........but the only possible reason that I see in their Visa rejection is that my parents stated that I am an international student and provided my university letter and study permit.....whereas my status is that of a PR which I came to know about only after my parents applied for their Visitor Visa and got a notification about their PR status and then they informed me about it and I confirmed my status of PR from CIC on call in Canada. I hope something positive come out so that they can reapply for the Visitor Visa once again after my status is clear over here.
Sorry for this long post once again but this is what has happened in the last 3 months.

 

[21Goose]

No idea. As far as I know, you're a PR, and you should have activated your old SIN and just started working. Legally, you're in the clear since you are definitely a PR and you are residing in Canada.

I don't know why you are trying to apply for a work permit. PRs are not eligible for work permits, study permits, visas etc.

Did you try reactivating your old SIN - the one that begins with a 5?

 

[shikharpandey]

No idea. As far as I know, you're a PR, and you should have activated your old SIN and just started working. Legally, you're in the clear since you are definitely a PR and you are residing in Canada.

I don't know why you are trying to apply for a work permit. PRs are not eligible for work permits, study permits, visas etc.

Did you try reactivating your old SIN - the one that begins with a 5?

Hi @21Goose

I don't know if you completely remember the complications of my unusual situation as I know it has been 3 months since my last post............I know it would be time consuming.....but if you want you can read the first post of this thread. I have explained over there as well.........that I came to know about my PR status after applying for the Visitor Visa of my parents and my PGWP online. By the time, I came to know about my status, I had already already applied for a work permit thinking that I am an international student. It is after I talked to the CIC agent on call that they informed me that as of now my status is that of a PR and I have a valid study permit and an ongoing application for PGWP.
That is where I came to know about everything.

I understand since my status is that of a PR, I can work. But I need to get this thing clear about my PGWP application and get a PR Card soon so that I can travel outside as well since my study permit has also expired recently.

Regarding my old SIN, I checked the validity of my SIN on the website link you provided and it states that my SIN is still a valid SIN and therefore, I assume it doesn't need reactivation.......and I can use it............although since I have an ongoing PGWP application pending.....my current (student) SIN is also working and I have given that to my employers.

 

[canuck78]

Your parents and brother may have been denied because there are fears that will want to remain in Canada because you have returned to Canada. I would sort out your own situation and get established before your parents and brother apply. Your brother may struggle to get approved if he is either in school or just started working, has no propeety in his name, not a ton of savings and no family he could leave at home. Your parents will have to show really strong ties to their home country. Proof of job, property, savings, othrr international travel to countries similar to Canada, etc. will all help. I would encourage them to only apply for 2-3 weeks.

 

[21Goose]

Hi @21Goose

I don't know if you completely remember the complications of my unusual situation as I know it has been 3 months since my last post............I know it would be time consuming.....but if you want you can read the first post of this thread. I have explained over there as well.........that I came to know about my PR status after applying for the Visitor Visa of my parents and my PGWP online. By the time, I came to know about my status, I had already already applied for a work permit thinking that I am an international student. It is after I talked to the CIC agent on call that they informed me that as of now my status is that of a PR and I have a valid study permit and an ongoing application for PGWP.
That is where I came to know about everything.

I understand since my status is that of a PR, I can work. But I need to get this thing clear about my PGWP application and get a PR Card soon so that I can travel outside as well since my study permit has also expired recently.

Regarding my old SIN, I checked the validity of my SIN on the website link you provided and it states that my SIN is still a valid SIN and therefore, I assume it doesn't need reactivation.......and I can use it............although since I have an ongoing PGWP application pending.....my current (student) SIN is also working and I have given that to my employers.

I remember your case well.

If your PR SIN is valid, you should be giving that to employers and just working legally.

It's quite amusing since a lot of people on the forum try and get rights that they don't have - but you're doing the exact opposite by refusing to fully believe that you are a PR, and waiting to get a PGWP (which you won't get, since you're a PR).

 

[21Goose]

And regarding your PR card - if you have spent two full years in Canada in the past five years, just apply for one. What's stopping you?

 

[shikharpandey]

Your parents and brother may have been denied because there are fears that will want to remain in Canada because you have returned to Canada. I would sort out your own situation and get established before your parents and brother apply. Your brother may struggle to get approved if he is either in school or just started working, has no propeety in his name, not a ton of savings and no family he could leave at home. Your parents will have to show really strong ties to their home country. Proof of job, property, savings, othrr international travel to countries similar to Canada, etc. will all help. I would encourage them to only apply for 2-3 weeks.

I understand that this could have been their concern and that is why they have refused the Visitor Visa. I agree that I should first clear my own status here and then I should ask my parents to apply for a Visitor Visa again. My brother is only 14 as of now and is in school and he applied as a dependent on my parents and even showed a bonafide letter from school that he is a student and will be returning back after spending time in Canada for a short while.

While my parents did showed strong ties while applying............they showed a really good amount of savings and deposits................They showed their respective proper jobs and a letter from their employer as well regarding the dates of leave they are taking for the trip. Although they didn't showed the property papers, they applied for a visit of approximately 2 months. I don't know if they showed their other passports as well or not which has an expired US Visitor Visa as well. But the first reaction from Visa office was that they are already PR and they should either renounce it or apply for PRTD which leads to a official assessment and ultimately a renunciation and therefore they renounced straight away (which took about 3-4 weeks to be processed) and then also got their Visitor Visa rejected. Pretty strange !!!

 

[shikharpandey]

I remember your case well.

If your PR SIN is valid, you should be giving that to employers and just working legally.

It's quite amusing since a lot of people on the forum try and get rights that they don't have - but you're doing the exact opposite by refusing to fully believe that you are a PR, and waiting to get a PGWP (which you won't get, since you're a PR).

Its not like I am not willing to believe that I am a PR. Its just that I am waiting for an outcome on my PGWP application which I applied before knowing that I am a PR and now that they have transferred that application to a Canada immigration Centre.....I don't know what will happen...........

Regarding the PR Card, I have completed my 2 years in Canada just this week and I was waiting for this for the last 4 months before applying for it. But now, this week I got the message about my PGWP application being transferred to an Immigration centre. I don't know whether I should follow the instructions Canada Immigration Centre will give me as they stated in the Information Letter or should I just apply for a PR Card now.........even though decision on my PGWP application is still pending.......

 

[21Goose]

Its not like I am not willing to believe that I am a PR. Its just that I am waiting for an outcome on my PGWP application which I applied before knowing that I am a PR and now that they have transferred that application to a Canada immigration Centre.....I don't know what will happen...........

Regarding the PR Card, I have completed my 2 years in Canada just this week and I was waiting for this for the last 4 months before applying for it. But now, this week I got the message about my PGWP application being transferred to an Immigration centre. I don't know whether I should follow the instructions Canada Immigration Centre will give me as they stated in the Information Letter or should I just apply for a PR Card now.........even though decision on my PGWP application is still pending.......

Ok, for the very last time before I get out of this thread - your PGWP application will be rejected since you are a PR.

A PR does not need to apply for a PGWP or anything else. If you are a PR, and you are living in Canada for the past two years, you don't need to care or worry about any form of temporary visa/permit. In fact, next year you will be eligible for citizenship.

However, if you wish to wait till you're rejected, that's fine too. You are living in Canada completely legally as a PR, and you can begin working at any time you like. Or you can stay unemployed. I know it hasn't really sunk in that you are a PR, but eventually it will.

Anyway, I'm out of the thread since there's really no need to go round and round the mulberry bush - you are a PR, you have met RO, that's all that matters. If you don't wish to apply for a PR card, you don't have to. You just won't be able to travel without it, but not having a PR card has no other impact on your status.