The complaint: Geun contacted our office with a complaint about his Medical Services Plan (MSP) coverage. He had received a letter from Health Insurance BC that said his request for continued MSP coverage was rejected. The reason for this decision was that he did not have “maintained status” in Canada. Based on Geun’s communications with Immigration, Refugees and Citizenship Canada (IRCC), MSP concluded that he had applied for a new work permit after his Post-Graduation Work Permit (PGWP) expired.
Geun told us he had applied for an extension before his PGWP expired, as directed by IRCC.

After a few months, Geun contacted Immigration, Refugees and Citizenship Canada (IRCC) about his PGWP extension application and was told it hadn’t been processed. Records showed he was directed to apply for a work permit and restoration of status instead.

What we did: Maintained status holders are legally authorized to continue to work or study in Canada even though they don’t have a valid permit. They may also be eligible for temporary MSP coverage. Our office’s review of Geun’s MSP account showed he did apply for a PGWP extension before its expiry and that IRCC directed him during the application process to apply for a work permit and restoration of status. We concluded that Geun did not fail to maintain his status. On the contrary, he lost his maintained status because of the IRCC’s contradictory directives.

How we helped: During our investigation, MSP agreed that Geun was not at fault for failing to maintain his status and issued temporary MSP coverage on an exceptional basis. Furthermore, when Geun received permanent resident status, his MSP account was updated and he was issued retroactive open-ended coverage.

Why it matters: Geun’s case is an example of how miscommunication can have serious consequences. Ensuring that individuals are given clear and accurate information is key to fair outcomes.