British Expats

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-   -   PR card renewal but stuck in UK (https://britishexpats.com/forum/immigration-citizenship-canada-33/pr-card-renewal-but-stuck-uk-932885/)

laser558 May 27th 2020 6:17 am

PR card renewal but stuck in UK
 
Hello all. A short thread title is not enough for me to explain, so here goes. I am a PR but maintain a house in the UK (this has been because of complex family issues, which I will not bore you with). I was in NS in June, last year. A week after arrival, I had to seek some help from the ER in my local hospital. Following that was a consultation and I was put on a waiting list for an operation. I was told it could be up to four months. Four months came and went, with no appointment. In December, I returned to the UK for Christmas but also decided to seek medical help there. In March of this year, I was operated on and then Covid-19 took over the world. I appreciate the call was put out for all Canadian residents to return to Canada but as you can imagine, for me, that was impossible. What I am concerned about is that I have not been able to put enough time in as yet, to satisfy my 730 days. I need a further 210 days in order to meet the requirements. Now, my residency card expires the third week of May, 2021 and I have worked out, the latest I could return to Canada and satisfy the requirements is September. I am still under the care of the NHS as my follow up appointments have been delayed because of Covid. So my question is this, do you believe that Canadian Immigration will have some leniency on this kind of matter. For example, will they extend my expiry date of my residency card because of this exceptional circumstance that has been beyond my control? Before anyone starts berating me for not keeping up residency, please don't, as when family circumstances change to the point they have done in my life, things cannot be avoided. Be aware, however, that it is my real desire to keep my residency going and to live in Canada. My fear is, if I am not granted a new PR card, I will have to sell up and leave the Canadian dream behind. Oh by the way, I am still to receive any communication from NS Health regards my healthcare, so that waiting time is way beyond the four months I was promised. On a related point, if I am able to make a return to Canada, right now, there are no direct international flights into Halifax, so my port of entry will be Toronto. If I have to go into quarantine for 14 days, I assume it will have to be in Toronto and not when I arrive in Halifax, as I will not be allowed to continue my journey onto Halifax without first clearing quarantine?

christmasoompa May 27th 2020 8:05 am

Re: PR card renewal but stuck in UK
 
Exactly how much time have you spent in Canada since landing in 2011? And have you been paying for your medical care on the NHS?

Hurlabrick May 27th 2020 11:39 am

Re: PR card renewal but stuck in UK
 

Originally Posted by laser558 (Post 12858378)
On a related point, if I am able to make a return to Canada, right now, there are no direct international flights into Halifax, so my port of entry will be Toronto. If I have to go into quarantine for 14 days, I assume it will have to be in Toronto and not when I arrive in Halifax, as I will not be allowed to continue my journey onto Halifax without first clearing quarantine?

Correct. You would have to self isolate in Toronto.

laser558 May 27th 2020 11:48 am

Re: PR card renewal but stuck in UK
 

Originally Posted by christmasoompa (Post 12858408)
Exactly how much time have you spent in Canada since landing in 2011? And have you been paying for your medical care on the NHS?

I am now on my second PR card. Generally, I spend half my year in Canada and half my year in the UK and I pay tax in both countries, as I am resident in both countries, having a house in the UK and a house in Canada.

Former Lancastrian May 27th 2020 11:56 am

Re: PR card renewal but stuck in UK
 
One might assume that CBSA/IRCC will take into account the travel lockdown period from when it started to when it ends into consideration for those whose travel was not deemed essential. Nobody knows and each case will be on its own merits.
My advice would be to travel back at the earliest opportunity when any lockdown/quarantine period is lifted and non essential travel can commence.

laser558 May 27th 2020 12:30 pm

Re: PR card renewal but stuck in UK
 
Yes, I agree. I have, however, just been told this morning that I am scheduled for more surgery over here and that will delay me still further. I could write a whole book on the difficulties I have had t endure trying to keep my Canadian residency going but this is not the place.

christmasoompa May 27th 2020 12:38 pm

Re: PR card renewal but stuck in UK
 

Originally Posted by laser558 (Post 12858474)
I am now on my second PR card. Generally, I spend half my year in Canada and half my year in the UK and I pay tax in both countries, as I am resident in both countries, having a house in the UK and a house in Canada.

That's unusual, you should only be tax resident in one country, which is your primary residence for tax purposes? Hence my question about the NHS - if you're claiming to be resident in the UK (and therefore not paying for your treatment), that may cause issues with also claiming to be resident in Canada for PR purposes.

If you definitely have to be back in Canada by Sept to maintain PR, then I don't see any other option, you'll have to go back and quarantine before then if you want to keep your PR.

bc2015 May 27th 2020 4:02 pm

Re: PR card renewal but stuck in UK
 

Originally Posted by laser558 (Post 12858474)
I am now on my second PR card.

It doesn't matter how many PR cards you have had, the residency obligation is a 5 year rolling window. Which means that when you travel back to Canada, the CBSA will determine if you meet the residency obligation based on the 5 previous years from that date. The card issue/expiry date is irrelevant.

laser558 May 27th 2020 5:47 pm

Re: PR card renewal but stuck in UK
 
Thank you all for your replies. I guess the human condition doesn't come into all of this then? If I lose residency, I will be forced to sell up. No longer will NS benefit from my local and national taxes, my little contributions to local businesses. The only time I have had to resort to public services was when I had to see the ER last year. If I hadn't, it would have been curtains. Hey ho. Perhaps I shouldn't have posted on here. What with all the negative news we are dealing with, to hear more of the same on here does not fill me with much hope. I appreciate that those are the cold light of day facts, so I am not blaming anyone. Thank you again.

bats May 28th 2020 2:16 am

Re: PR card renewal but stuck in UK
 
You cant be resident in two countries. Which address is on your drivers license? On your tax forms? It should be the same address. That's your residence. You can't be eligible to use both the NHS and Nova Scotia Heathcare, one for the other. Your MSI will have run out by now anyway as you have been out of the country for so long.

christmasoompa May 28th 2020 9:09 am

Re: PR card renewal but stuck in UK
 

Originally Posted by laser558 (Post 12858633)
Thank you all for your replies. I guess the human condition doesn't come into all of this then? If I lose residency, I will be forced to sell up. No longer will NS benefit from my local and national taxes, my little contributions to local businesses. The only time I have had to resort to public services was when I had to see the ER last year. If I hadn't, it would have been curtains. Hey ho. Perhaps I shouldn't have posted on here. What with all the negative news we are dealing with, to hear more of the same on here does not fill me with much hope. I appreciate that those are the cold light of day facts, so I am not blaming anyone. Thank you again.

Sorry but to be blunt, you can't have your cake and eat it, you need to choose where you want to live/pay taxes/have medical care. You can't be resident in both countries. If keeping your Canadian PR is more important to you, then you'll need to accept that you can't stay in the UK and have your medical treatment covered by UK taxpayers under the NHS and instead return to Canada for your medical care.

laser558 May 28th 2020 10:58 am

Re: PR card renewal but stuck in UK
 

Originally Posted by christmasoompa (Post 12858824)
Sorry but to be blunt, you can't have your cake and eat it, you need to choose where you want to live/pay taxes/have medical care. You can't be resident in both countries. If keeping your Canadian PR is more important to you, then you'll need to accept that you can't stay in the UK and have your medical treatment covered by UK taxpayers under the NHS and instead return to Canada for your medical care.

With respect and I know it might appear unusual but I pay taxes in both Canada and the UK, every year. I have to accept your bluntness as you are not aware of my personal situation that has created this. It was with such celebration that I set about a new life in Canada but then with things that have occurred over the years in my life and what we are presently experiencing, that dream has become almost an impossible dream and not through my own volition. You speak of medical care in Canada, what care is this precisely? I was put on the waiting list last June (2019) and still I have heard nothing. That is not what I call care, yet I have paid for it via my Canadian tax.

Siouxie May 28th 2020 3:45 pm

Re: PR card renewal but stuck in UK
 

Originally Posted by laser558 (Post 12858882)
With respect and I know it might appear unusual but I pay taxes in both Canada and the UK, every year. I have to accept your bluntness as you are not aware of my personal situation that has created this. It was with such celebration that I set about a new life in Canada but then with things that have occurred over the years in my life and what we are presently experiencing, that dream has become almost an impossible dream and not through my own volition. You speak of medical care in Canada, what care is this precisely? I was put on the waiting list last June (2019) and still I have heard nothing. That is not what I call care, yet I have paid for it via my Canadian tax.

In order to qualify for MSI if you are leaving the country for up to 7 months in any calendar year you MUST notify them that you will be out of the country, preferably before you leave.


As of August 1, 2014 Nova Scotia residents are permitted out of the province for vacation by one additional month. This will allow Nova Scotians to have a vacation outside of the province for 7 months in each calendar year and continue to be eligible for Medical Services Insurance (MSI). Vacationers are required to inform MSI of their absence by telephoning 902-496-7008 (local) or 1-800-563-8880 (toll-free) or submitting an email to [email protected].

To be eligible for Nova Scotia Medical Service Insurance benefits you must be: present in the province 183 days every calendar year
They would have attempted to call you to arrange an appointment - generally they don't send letters - your GP may send a letter if they receive information - does your GP know you are away and how to get hold of you?

With respect, unless the upcoming treatment is of a life threatening level if you don't receive it, you will have to decide what is more important to you... healthcare or your Permanent Residency. Ultimately the choice is yours... you have almost a year before your PR card expires - "the third week of May, 2021" - you can return at any time before then - you just won't RENEW your PR card until you have met the 2 years in 5 (you will have to stay in Canada until you reach that point). You won't be turned away with a valid PR card... and yours will be until May 2021! :)

Have you checked your residency status for tax purposes in Canada? If you are deemed a factual resident then you are required to pay taxes on your world income, not just income earned in Canada. https://www.canada.ca/en/revenue-age...rmination.html

Good luck with whatever you decide, I hope you manage to get home to Canada if that is your wish.
:)

bc2015 May 28th 2020 6:51 pm

Re: PR card renewal but stuck in UK
 

Originally Posted by laser558 (Post 12858882)
With respect and I know it might appear unusual but I pay taxes in both Canada and the UK, every year.

It's not that unusual at all, I think there's a lot of people on this forum who pay tax in more than one country. What is unusual is you claiming to be resident in both.

jeremy brewer May 28th 2020 7:08 pm

Re: PR card renewal but stuck in UK
 
Hi
I was researching this last year, for possible 6mths uk 6 mths canada in retirement in the future

and i thought the way i read it, it was possible to be ' deemed resident ' in both uk and canada for tax purposes

if you own property in canada you are deemed resident for tax purposes

https://www.canada.ca/en/revenue-age...cy-status.html

and if you spend more than 183 days in the UK you are deemed a tax resident, but maybe not domicile in the UK

https://www.gov.uk/tax-foreign-income/residence

cheers
jerry





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