EI for Temporary Foreign Workers

[Krrrsty]

Hi guys

I'm thinking about taking legal advice regarding EI - I have had several employer-sponsored visas and have been paying EI premiums for 6 years but as it turns out, if I lose my job for any reason I am not considered "able" to work as my visa is a closed visa... this means that I'm not entitled to EI benefits... Should I even have been paying them?Huh
According to my first stage approval (recently received) my spouse is now responsible for any benefits I try to claim in the next 3 years.. does this mean then that my employer has been liable for any benefits I may have claimed in the last four years? if so, then WHY am I paying premiums??!!!!
This all seems very unfair to TFWorkers!
When I had to leave my job in December* I submitted an EI claim and went through an appeal but as my work permit had expired and my implied status was no longer in effect, I was considered not "able" work under their criteria.
I'd like all my premiums back if that's the way they play!
Is it worth going down this road??

*(I did not submit a WP app with my spousal sponsorship as my employed was already submitting a WP app on my behalf and CIC told me I MUST NOT have 2 WP apps in at the same time - LMO was refused for the employer and I was told by CIC that I must leave my job)

 

[Krrrsty]

So, I've been researching since I posted this and it seems that, YES, TFWs MUST pay EI but if you are on a closed work permit you are NOT entitled to claim the benefit except in special circumstances and under appeal.
I still may make a complaint about this so I'll keep you posted with what happens (in case anyone else gets into the same situation!)

 

[Leon]

You must pay EI premiums because everybody has to pay them and also because in some cases you would qualify. You would of course have qualified for EI sickness or maternity/parental benefits and I know of a few TFW's who were given EI when they were laid off temporarily because there is less of a requirement to be willing and able to take any job if they know you are being called back in a month.

As for the husband being responsible for your benefits now, that doesn't go for EI because that is more like insurance. It is for social benefits he would be responsible for. Say you get your PR and you are still unemployed and still have enough hours to get EI, you would get it. Your husband would not have to pay it back. However, if you complete the time you are allowed to be on EI and still don't have a job and now go and ask for welfare money, if they were to give it to you at all (because they might say you are not entitled to welfare if you are living with your husband and he is making money), your husband would get the bill.

 

[JGK]

I was laid off in Ontario in 2008 when I was on a TWP (my employer closed the canadian site I worked at). I was advised I could stay in Canada until the permit expired in 2010 and look for new employment, and with a +ve LMO apply for anew permit. I had been paying EI premiums while in employment (in QC and ON) since 2001.

I was initially told I did not qualify for EI as my TWP was Employer Specific and therefore I could not work for any other employer. However, If you check the documented appeals on the Service Canada website, the case decisions do not support that argument. Having an Employer Specific TWP does not prevent you from looking for work or taking up new employment if the correct paperwork (LMO and new TWP) can be obtained. I called Service Canada and told them I would appeal the decision and cited several Cases listed on their site. I received a call from them less than 24 hours later granting me EI, which I was paid until taking up new employment in 2009.

 

[rjessome]

Yes, but things have changed since 2009. They clarified and tightened the rules regarding EI for TFW's on closed permits. Hard to get.

 

[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.