Retroactive Cancellation of MSP and Expired PR Card

[mercer2016]

My wife and I are out of Canada due to some personal matter to take care outside Canada, we were out unexpectedly for about 3+ years and returned to BC recently. We have no problem to enter in the border despite of expired PR card since the immigration officer was satisfied with our report about the situation we were facing. He did not report us either. We do not plan to extend our PR card until we have stayed for sometimes to comply with the 2/5 years residency obligation.

However, our grown up kid is in Canada during that time. We did not cancel our health care (MSP) during that period and paid for the coverage $150/month, since all the MSP coverage is under one account, but never made any health care claim for ourselves. Our kid went 3 times to doctors in the past 3+ years for minor flu/allergy issue. Recently, we returned to Canada (BC) and got a letter from MSP to question our eligibility for MSP in the past 3.5 years. We planned to tell them that we had made self assessment that we were not eligible and did not mind if they do the retroactive cancellation of MSP benefits for us. But could we keep for our daughter, she is older than 18 and has been in BC for almost all the time. What is the meaning of retroactive cancellation of MSP benefits. Can we enrol again to MSP in the future. If we plan to move to ON, will there be any issue.

Any suggestion on what is best to handle this situation?

 

[Leon]

You should have told MSP when you moved but since you didn't, you should come clean with them now. I don't think it would affect your daughters coverage though.

If you didn't stay in BC for 6 months in the first year after getting MSP, they might retroactively cancel your coverage but if you never used it, you wont have to pay anything back. Actually, if they retroactively cancel your health care, you can ask for your fees to be refunded.

You should be able to apply for MSP again now as a newcomer and do your waiting period to get it back.

If you move to Ontario, you would have to tell MSP that you moved and apply for OHIP.

 

[mercer2016]

Dear Leon, thank you for your advise. I will inform them that we do not meet the requirement to be enrolled. Should we tell them that we never claim or just let them investigate? Will they automatically pay back the fee that we have paid or we have to request for that. Thank you.

 

[Leon]

Dear Leon, thank you for your advise. I will inform them that we do not meet the requirement to be enrolled. Should we tell them that we never claim or just let them investigate? Will they automatically pay back the fee that we have paid or we have to request for that. Thank you.

Tell them your situation, when you came, how long you stayed as well as for your daughter. Tell them that you did not know that you had to cancel your health care when you left and ask them if they will retroactively cancel it and if so, are you eligible to have your monthly fees refunded. Tell them that you have now settled in BC and if you can register for health care again, even with a waiting period.

 

[mercer2016]

Dear Leon, the issue is our PR card have expired and they have asked us to submit the PR cards, we plan to wait until we are two years here to submit for the renewal of the PR cards, will they report us for not meeting the residency obligation in this case? Thank you.

 

[Leon]

Dear Leon, the issue is our PR card have expired and they have asked us to submit the PR cards, we plan to wait until we are two years here to submit for the renewal of the PR cards, will they report us for not meeting the residency obligation in this case? Thank you.

They will not report you to immigration but you shouldn't need a PR card for coverage. Go there again, ask to speak to a supervisor and ask them to show you which law states that you must have a valid PR card inside Canada (there isn't one). You can even tell them that you have already applied to renew, they can not check if you are telling the truth. If they later contact you and ask you to show the renewed card, you can say you are still waiting.

 

[mercer2016]

Dear Leon, this is super helpful. I went for extending our driving license (expired last year) and got difficulty today initially, when I only showed the record of landing, foreign passport and Canadian credit card as ID. The first officer refused it and said that I would need to show a valid PR card, and if we are extending, wanted us to print the on-line status to show it was in process. We asked to actually speak to the supervisor and she told the first officer that it was OK to use the record of landing. However, the first officer after did everything for us, told us again that in the future, when we come there again, we need to make sure that we have either the valid PR card or the printed status from online.

My other question is, if we pay the 50$ extension for PR card today, and do not submit the real application until much later, would it be fine? Or if submitting even the 50$ fee would bring potential check for our status by CIC? Thank you very much.

 

[Leon]

Dear Leon, this is super helpful. I went for extending our driving license (expired last year) and got difficulty today initially, when I only showed the record of landing, foreign passport and Canadian credit card as ID. The first officer refused it and said that I would need to show a valid PR card, and if we are extending, wanted us to print the on-line status to show it was in process. We asked to actually speak to the supervisor and she told the first officer that it was OK to use the record of landing. However, the first officer after did everything for us, told us again that in the future, when we come there again, we need to make sure that we have either the valid PR card or the printed status from online.

My other question is, if we pay the 50$ extension for PR card today, and do not submit the real application until much later, would it be fine? Or if submitting even the 50$ fee would bring potential check for our status by CIC? Thank you very much.

You just want to pay the fee for a PR card renewal and not actually send the application? I don't think immigration is going to start an investigation just because you sent the fee. However, I don't see how doing that will get you a printed status from online though. You could send the actual application, print out your status and then withdraw it but that would be risking your PR status because in that case they could start an investigation. How long did you get a drivers license for?

 

[mercer2016]

Dear Leon, we get for 5 years but now only get temporary valid for 2 months. Finally it was ok yesterday. But I was confused about the PR Card requirement.

 

[Leon]

Dear Leon, we get for 5 years but now only get temporary valid for 2 months. Finally it was ok yesterday. But I was confused about the PR Card requirement.

I remember someone posting that in BC, without a PR card, you can get a paper license that is only valid along with another ID. Those are temporary too as far as I know. Is that what you got?

 

[mercer2016]

Dear Leon, we still get the temporary for 2 months but the officer said that the permanent one will be sent to us after the end of the two months, so we have not received the later one. Will share what is the end result After two months.

 

[snowjunkie]

Dear Leon,

I have quite a problem for myself and wondered if you may shed some light.

I have less than a month left on my PR but am in Canada. No problems coming in, but I am under 730 by about 100 days. Really silly of me - because now I may have to stay 2 years just for those lost days. I am happy to stay though.
However having been away for some time I no longer have MSP, and my Driver L will expire mid 2018.

Can I call MSP tomorrow and try mail in an application asap using my near expired PR card? I understand I can then use that to renew my Driver L.

Any help would be a huge help! Thank you.

Also - my passports basically have no stamps since each time I enter I've used my PR card. It's really hard for me to prove I entered without stamps - is there a way to show entries from somewhere else? In order to show when I most recently landed for my MSP application?

Or is this all too late?

 

[mohammedessam]

You don't need PR card to live in Canada and you don't have to show it to any one.
PR card is only used to enter Canada from another port

If anyone asks you for a PR card, just show them your record of landing as that is the only paper to proof you are a permanent resident.
they don't have the right to request PR card, and you don't have to renew PR card if you don't plan to travel outside of Canada

 

[Leon]

Dear Leon,

I have quite a problem for myself and wondered if you may shed some light.

I have less than a month left on my PR but am in Canada. No problems coming in, but I am under 730 by about 100 days. Really silly of me - because now I may have to stay 2 years just for those lost days. I am happy to stay though.
However having been away for some time I no longer have MSP, and my Driver L will expire mid 2018.

Can I call MSP tomorrow and try mail in an application asap using my near expired PR card? I understand I can then use that to renew my Driver L.

Any help would be a huge help! Thank you.

Also - my passports basically have no stamps since each time I enter I've used my PR card. It's really hard for me to prove I entered without stamps - is there a way to show entries from somewhere else? In order to show when I most recently landed for my MSP application?

Or is this all too late?

You have to try to do everything before your PR card expires.

There is really no law in Canada that states that you must have a valid PR card in order to live in Canada. However, many are now asking for a PR card as proof of your valid PR status and it's sometimes hard to get around this.