Exit Present Job and on Close WP - Seniors Please Help

[yahoo7]

This is interesting to know. Can a TFW claim EI if he is on closed WP and has no work but still staying in Canada?

 

[mishki]

Yes this is very interesting fact and can help lot of other.

sabidhawan>> I might be in the same situation as you are in. Can you please throw some more light on this like how to apply for EI and what documents are required. I am planning to put my resignation as my employer is planning to send me back. So Can I cliam EI or it is only given when company ask you to leave rather you put the paper yourself. Also I am having Close WP.

Appreciate your help.

 

[jes_ON]

but I have a legal status of being in Canada as my PR application is in process.

Do you guys agree with my thoughts?

No, not if your thought is that your PR application gives you legal status - it does not.

 

[jes_ON]

e how to apply for EI and what documents are required. I am planning to put my resignation as my employer is planning to send me back. So Can I cliam EI or it is only given when company ask you to leave rather you put the paper yourself. Also I am having Close WP.

There are "eligibility criteria for EI benefits too - you can read here -
http://www.servicecanada.gc.ca/eng/ei/types/regular.shtml#eligible

 

[SenoritaBella]

A valid work permit allows him to stay IN Canada legally until it expires. However, any time you leave Canada, there is no guarantee and you have to satisfy the border officer that you have a reason to be allowed re-entry.

If he leaves and is allowed re-entry without questions, he is lucky. If however the officer asks where he works and learns he is unemployed, then he has no compelling reason to be in Canada and could be returned to India on next flight. It is up to him whether this risk is worth taking.

Regarding EI, there are eligibility requirements and some recent changes to the program. You must not have lost your job through your own fault. That is, if you are fired/terminated(for just cause), you are not eligible for EI.
If you are laid off, company goes bankrupt, etc, this is not your fault and you will be eligible to claim EI even on a closed work permit. You must however demonstrate to Service Canada that you are actively looking for work and are available to work.

That's correct. You have a legal status in Canada until your WP is over. You can also claim EI for the time you don't work. There SHOULD be no legal reason to refuse your entry as long as you don't pose any security/criminal/health risk to Canada and didn't violate any immigration laws (including lying to immigration officer on your entry about your current job status).
However, officer MAY think you PLAN to overstay your visa and that there are not enough ties in your home country to make you go back and on this grounds he still can refuse your entry. Do you want to take those chances?

 

[sabidhawan]

Yes this is very interesting fact and can help lot of other.

sabidhawan>> I might be in the same situation as you are in. Can you please throw some more light on this like how to apply for EI and what documents are required. I am planning to put my resignation as my employer is planning to send me back. So Can I cliam EI or it is only given when company ask you to leave rather you put the paper yourself. Also I am having Close WP.

Appreciate your help.

My story is very interesting . The company i use to work for stopped my pay for 1 week pay period. I told them if they dont pay i ll quit , they still didnt bother and i quit the job . Next thing you know they refused to provide my T4 and ROE . I still went ahead and applied for EI and called EI to let them know about my situation. They contacted my employer with no positive result and approved my EI for 9 months . You cannot file EI if you quit the job without a valid reason . If your employer is laying u off then u r eligible. I dont think he can send you back . The most he can do is report CIC that you dont work for him anymore but that still doesnt make ur status invalid .

 

[SenoritaBella]

Wow... sorry to hear you went through that. Great that your due benefits were approved. Is there any consequence for this company? Do you need the work experience from this company for your immigration application?

My story is very interesting . The company i use to work for stopped my pay for 1 week pay period. I told them if they dont pay i ll quit , they still didnt bother and i quit the job . Next thing you know they refused to provide my T4 and ROE . I still went ahead and applied for EI and called EI to let them know about my situation. They contacted my employer with no positive result and approved my EI for 9 months . You cannot file EI if you quit the job without a valid reason . If your employer is laying u off then u r eligible. I dont think he can send you back . The most he can do is report CIC that you dont work for him anymore but that still doesnt make ur status invalid .

 

[Cruiser55]

My story is very interesting . The company i use to work for stopped my pay for 1 week pay period. I told them if they dont pay i ll quit , they still didnt bother and i quit the job . Next thing you know they refused to provide my T4 and ROE . I still went ahead and applied for EI and called EI to let them know about my situation. They contacted my employer with no positive result and approved my EI for 9 months . You cannot file EI if you quit the job without a valid reason . If your employer is laying u off then u r eligible. I dont think he can send you back . The most he can do is report CIC that you dont work for him anymore but that still doesnt make ur status invalid .

Wow, I cannot believe that this happens in this country too, that the employers are so corrupt. But, at the least your EI was approved, but, as you have mentioned that your EI was approved for 9 months, what happens once the 9 months have been exhausted and what are the consequences for the employer?

 

[sabidhawan]

Wow... sorry to hear you went through that. Great that your due benefits were approved. Is there any consequence for this company? Do you need the work experience from this company for your immigration application?

I already had enough work experience and they gave me my letter. I am done with medicals and have paid my landing fees. So i am almost done.

 

[sabidhawan]

Wow, I cannot believe that this happens in this country too, that the employers are so corrupt. But, at the least your EI was approved, but, as you have mentioned that your EI was approved for 9 months, what happens once the 9 months have been exhausted and what are the consequences for the employer?

Government agencies are after him . I also reported him to the Labour board and CRA . even in this country system is very slow and government do not have enough staff to resolve every case in timely manner . even though my employer owed me lot of money , at this point i just want to teach him lesson . I dont care if i get the money back or not . I dont think i lll have to wait 9 month. My immigration is almost done. I have paid my landing fees and medical is done and hoepfully i ll et it before this 9 months expires.

 

[Winterfox]

Alright here is my 50 cents on this issue. You'll might find it useful interesting and people with my situation may be able to breathe easily.
I was on a closed work permit which was expiring in may 2014. I was laid off in September 2012. I already had a vacation booked to go to India and was unaware I would be laid off... (was all excited to go to Bombay meet friends drink every night and get wasted Ahahah...k that's irrelevant to the topic )
Anyways .. so I didn't cancel my ticket and I went to India for a 1 month vacation. On my way back at the airport the immigration officer guy asked me what's my biz in Canada so I said I was working there (and I also had my mutiple entry visa stamped) .. I reached Toronto our lovely city ...the officer at Pearson asked me the same westion to which I said I was working and then he saw my closed work permit. He asked me my profile and what I do and then stamped my passport and allowed me to enter Canada.
I landed back and in 3 days I applied for my Ei and am on Ei still.
I applied for my PR in Feb got my aor in March and then applied for a bowp ( which I thought was a big risk as they won't give it to cos I do not match any of their eligibility criteria) I was wrong. I got my bowp a week ago.
Now I'm looking to get back into the job market.
Thanks to all on here who encouraged me during my touch times..

 

[yahoo7]

Alright here is my 50 cents on this issue. You'll might find it useful interesting and people with my situation may be able to breathe easily.
I was on a closed work permit which was expiring in may 2014. I was laid off in September 2012. I already had a vacation booked to go to India and was unaware I would be laid off... (was all excited to go to Bombay meet friends drink every night and get wasted Ahahah...k that's irrelevant to the topic )
Anyways .. so I didn't cancel my ticket and I went to India for a 1 month vacation. On my way back at the airport the immigration officer guy asked me what's my biz in Canada so I said I was working there (and I also had my mutiple entry visa stamped) .. I reached Toronto our lovely city ...the officer at Pearson asked me the same westion to which I said I was working and then he saw my closed work permit. He asked me my profile and what I do and then stamped my passport and allowed me to enter Canada.
I landed back and in 3 days I applied for my Ei and am on Ei still.
I applied for my PR in Feb got my aor in March and then applied for a bowp ( which I thought was a big risk as they won't give it to cos I do not match any of their eligibility criteria) I was wrong. I got my bowp a week ago.
Now I'm looking to get back into the job market.
Thanks to all on here who encouraged me during my touch times..

You have been really lucky my friend One question though..did you work for an Indian sister company in Canada or was it a true Canadian firm? Just asking since you said that you are living on EI..a little curious on what all documentation did you submit to claim EI?

 

[Winterfox]

No sister brother cousin company.
I worked for 2 Canadian firms.
If ur contributing to Ei every month through ur salary (which 99% u r)
Then u can apply

 

[yahoo7]

No sister brother cousin company.
I worked for 2 Canadian firms.
If ur contributing to Ei every month through ur salary (which 99% u r)
Then u can apply

Do you mean to say that an individual will be eligible for EI even if he is a Temp foreign worker working in Canada on a closed WP?

 

[Winterfox]

Yea dude u can. Make sure ur paystub says u r contributing to Ei every month