Claiming EI whilst having a PR application submitted

[Paul_C]

Wondered if anyone knows the answer or who has experience in this area...

If you have an application in for CEC PR, do you think claiming employment insurance (EI) would affect your application whilst it is being processed?

It is obviously not worth jeopardising the application.. but are they related? Would a case office have this information available?

You wouldn't want them to think you can't get a job in Canada, otherwise why grant someone PR..

Thoughts?

 

[gong0704]

I was talking to a friend about similar issue earlier today. We believe iff you pay taxes and you probably have paid the insurance fee. Should be able to submit EI.
But check EI application site and see if that's true.

 

[canuck_in_uk]

They don't look at your current employment status for CEC; it only matters that you qualify when you initially apply. After you have applied, you can quit your job and it still doesn't affect your app.

Claiming EI won't affect your app at all. You are fully entitled to claim EI if you need to, so don't worry about that.

 

[gladaki]

I replied about in another thread . Laid off in march called cic agent to enquire if applying for EI affects my application.

Answer is NO. I enquirer from a lawyer too

 

[SenoritaBella]

Receiving EI benefits will not affect your PR application. If you've been employed, you've been paying into it. It's like insurance and you are entitled to apply for it if you need it.

 

[sabidhawan]

I am currently receiving EI and my application process is going on fine . I am done with medical waiting for the passport request .

 

[bajgal]

I received EI for all of 2012 (mat leave) and I am currently waiting on CoPR. So no it does't affect your application.

 

[Cruiser55]

I have this urgent issue that I need your help with.

I am on a closed work permit until September 2014, I was laid off from work in March 2013 and I only applied for EI in June 2013, as my employer misinformed me that I can only apply for my EI after I receive my ROE (Record Of Employment) and since my discussions with regards to my lay off lasted a few months I was not given the ROE.

Anyways, I applied for EI in June 2013 and yesterday (July 18,2013), I was sent a letter stating that my EI has been REFUSED and the reason mentioned on this letter was "We are unable to pay you Employment Insurance benefits. Your employment authorization restricts you to working only for "my company's name" while in Canada. Because you are not allowed to work for any other employer, you are not considered available for work."

Now, I am in a severe dilemma as I can't find an employment because of the LMO issue and also, even though I have paid religiously into the EI system and all my hours of work are in perfect order, they have refused me of this benefit, when I desperately need this money.

Now, I have my rent to pay, the car insurance, i am so stressed that I don't know what to do. I was really looking forward to this money.

They have mentioned in the letter that i can appeal this decision within 30 days.

I need your help on what I should do. I am extremely stressed and cannot think right.
I spoke to a few EI agents on the phone, but they were very rude and dismissed me right away, they did not even empathize with me or my situation.

Is there anyone of you who was in my situation and yet got their EI in the last few months?

Please help.

 

[ahm2307]

I replied about in another thread . Laid off in march called cic agent to enquire if applying for EI affects my application.

Answer is NO. I enquirer from a lawyer too

Like gladaki, I was let go in March and have been on EI ever since.

 

[Cruiser55]

Like gladaki, I was let go in March and have been on EI ever since.

Hi ahm, was your situation similar to mine?

 

[ahm2307]

Hi ahm, was your situation similar to mine?

Not quite. I have an open PGWP which allows me to work for any employer without LMO.

As far as ROE, your employer was wrong. You can apply for EI the very second you are told to leave your company...you just won't collect any EI checques until your ROE is received by Service Canada. I applied in March and received payments in late May/early June when my ROE was received.

Now, I think it is obscenely unfair that you were forced to pay into EI while employed and yet you are rejected when you are laid off. There may be grounds for a lawsuit to redeem all the money you paid into EI. It is plain robbery. Will appealing the decision really make a huge difference? Try...but read up first on other people who went through the appeal process; what did they say or do to convince SC that they made a mistake in the initial assessment? Maybe if you explain the LMO process, show them documents that you HAVE been looking for work...something ought to convince them!

If the appeal fails, I suggest you call Service Canada again, record the call(s), then pay a visit to a lawyer. You are entitled to every dime you have spent, and I am sure the lawyer will agree that you may have a case.

At that point, though, you might be in a bit of a tough position because will suing the government for your money back affect your PR? Possibly...

I wish I had more concrete/encouraging advice, but I can't. How has your job search been so far?

 

[SenoritaBella]

@ Cruiser, check your inbox.

Guys, see this about Employment Insurance(EI) benefits and restricted(closed) work permit:
http://www.servicecanada.gc.ca/eng/ei/digest/10_2_0.shtml#a10_2_0

Hopefully, this will help others in a similar situation. I think they just deny EI benefits to holders of closed work permits by default if the applicant has not provided additional information. Therefore, applicants need to be aware of the information below and try to provide the "other factors that have to be considered" in order to have a good chance to be approved. It really is an absurd rule to deduct insurance from foreign workers but put up huddles when they apply for it. Most foreign workers would rather be working full-time(and supporting their families) than receiving EI benefits.


10.2.4.3 Restricted to one employer

A person whose work permit includes a restriction that only allows them to work for a specific employer, is not normally considered to be available to accept work, and may be disentitled from collecting benefits. However, the simple fact that the work permit restricts the worker to one employer is not the only factor to be considered when determining the claimant's availability.

It is important to fact find and take all factors into consideration before determining that a foreign worker is unavailable because their work permit restricts their employment to one employer. Before making a determination, it is necessary to obtain a declaration from the claimant regarding their availability. In addition, the claimant must show that once they receive an offer of employment from a new employer, CIC will remove the restriction on their work permit.

Also read, 10.2.5 Subjective considerations and 10.2.6 Objective considerations

 

[ynoweh]

A foreign worker friend of mine got laid off from his job after 5yrs of employment with his company. He was able to apply for a new work permit while waiting for LMO from a new employer. That time (Sept. 2012), wp processing was taking 3 months. He applied for EI and got approved for 2 months of non-employment. He was asked to submit along with his applcation some proofs of future employment: job offer and receipt of 150 for new wp application, and courier receipt.

 

[JORGER]

I have this urgent issue that I need your help with.

I am on a closed work permit until September 2014, I was laid off from work in March 2013 and I only applied for EI in June 2013, as my employer misinformed me that I can only apply for my EI after I receive my ROE (Record Of Employment) and since my discussions with regards to my lay off lasted a few months I was not given the ROE.

Anyways, I applied for EI in June 2013 and yesterday (July 18,2013), I was sent a letter stating that my EI has been REFUSED and the reason mentioned on this letter was "We are unable to pay you Employment Insurance benefits. Your employment authorization restricts you to working only for "my company's name" while in Canada. Because you are not allowed to work for any other employer, you are not considered available for work."

Now, I am in a severe dilemma as I can't find an employment because of the LMO issue and also, even though I have paid religiously into the EI system and all my hours of work are in perfect order, they have refused me of this benefit, when I desperately need this money.

Now, I have my rent to pay, the car insurance, i am so stressed that I don't know what to do. I was really looking forward to this money.

They have mentioned in the letter that i can appeal this decision within 30 days.

I need your help on what I should do. I am extremely stressed and cannot think right.
I spoke to a few EI agents on the phone, but they were very rude and dismissed me right away, they did not even empathize with me or my situation.

Is there anyone of you who was in my situation and yet got their EI in the last few months?

Please help.

Hi cruiser, as you know i was unemployed as well with a closed work permit and I claim and got EI, the only thing they ask me on that time was to prove that I was actually looking actively for a job, and of course I provide the ROE so YES they do exceptions as Senorita bella pointed on her post.

 

[jhoombarabar]

Hi cruiser, as you know i was unemployed as well with a closed work permit and I claim and got EI, the only thing they ask me on that time was to prove that I was actually looking actively for a job, and of course I provide the ROE so YES they do exceptions as Senorita bella pointed on her post.

How did you prove that you were actively looking for a job? Did you have to provide em with any documents?