Here's a random question, is it illegal to be on EI benefits while in Canada and waiting for your open work permit to be issued? He has enough hours to quality for benefits, but his current work permit expires Jan 2016 and new one will take up to 4 months. If he gets laid off and applies for EI now will the govt flag his visa expiry? Seems like a sneaky thing to do and we dont want to be like that, but if he cant work we are really stuck.
EI benefits while waiting for work permit- illegal?
- Thread starter kristen1234
- Start date
There is nothing wrong with him being on EI. However, a condition of claiming EI is that a person being willing and able to work. Once his current work permit expires, he won't be able to work and therefore won't actually qualify for EI.
Where is your partner from?
Where is your partner from?
Oh right that's true thanks. I recently found out that he is eligible for implied status under the pilot project OWP so he is able to work which is great, might be able to keep his current job. He's from Sweden.
That's only if you apply inland, and the legality of this is questionable, though I know people have done it and gotten away with it. With inland you are looking at 2 years processing time at least.kristen1234 said:
Could his job possibly qualify for LMIA?
Those on IEC/Working Holiday visas do not benefit from the right to work on Implied Status. He will need to stop working until he actually receives the OWP.kristen1234 said:
You should consider an outland app through London.
Hi job originally was going to do the LMIA then they backed out last minute, we are applying inland because we don't want to run the risk of having to do an interview in Sweden when we live here and waiting 4 months for the OWP isn't too bad, don't mind waiting 2 years for the perm res. After much research we realize now he definitely doesn't get implied status with the working holiday visa, too bad. thanks
Interviews are when CIC suspects the relationship isn't genuine, which they would not suspect for a Canadian-Swedish common-law couple. Unless you have some other massive red flag that you haven't mentioned (criminal issues, HUGE age/culture/language differences etc.), there won't be an interview. Don't factor that into your decision.kristen1234 said:
Seriously, consider outland.
kristen1234 said:
As canuck says there is very little interview risk for those with clean records from visa-exempt countries. Think carefully if you want to drag out the process for years.
Inland really should be a last resort.
And, it's not that he can't leave Canada during the Inland process, because he certainly can. The problem, is that if he is denied re-entry, his entire application goes `KerPlunk'!
Having an active Inland application can sometimes increase the risk of refusal, unless the traveller can convince the CBSA officer that they fully understand (and can provide evidence) that they satisfy the officer's concerns, regarding Dual Intent.
And, it's not that he can't leave Canada during the Inland process, because he certainly can. The problem, is that if he is denied re-entry, his entire application goes `KerPlunk'!
Having an active Inland application can sometimes increase the risk of refusal, unless the traveller can convince the CBSA officer that they fully understand (and can provide evidence) that they satisfy the officer's concerns, regarding Dual Intent.