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If my wife give birth to child aboard, am I still eligible for maternity and EI?

Jasonchang

Full Member
Aug 1, 2010
31
0
My wife is PR too, for some reason she may have to give birth outside of Canada.
I'm working full-time in Ontario, am I still eligible for maternity leave and EI?

Thanks in advance.
 

Tri-Cities

Hero Member
Aug 10, 2015
237
12
I don't know to be honest but to me that would not make any sense to me.

I mean come on why would you get maternity leave when the baby isn't even in the country? Why would you get EI when the baby isn't even here?
You're not taking care of that baby so I would guess you're not getting either one.
 

Jasonchang

Full Member
Aug 1, 2010
31
0
Tri-Cities said:
I don't know to be honest but to me that would not make any sense to me.

I mean come on why would you get maternity leave when the baby isn't even in the country? Why would you get EI when the baby isn't even here?
You're not taking care of that baby so I would guess you're not getting either one.
I will be joining my wife in her hometown
 

Tri-Cities

Hero Member
Aug 10, 2015
237
12
you know, it would make sense to give all informations upfront so one can answer your questions...

So, she is giving birth out of country and you join her. Are you oing to stay out of country? Are the two of you coming back to Canada after she gave bith to your child? She is PR, are you PR too or are you a Canadian citizen?

If you stay in her hometown / country I would think the laws in that country would apply and not Ontario law. If you leave the country why would the country care if you stay at home with the baby or not? Still doesn't make sense to me even though I mkght be totally wrong.

You should contact them and clear things up:

https://www.canada.ca/en/services/benefits/ei.html

http://www.esdc.gc.ca/en/reports/ei/maternity_parental.page

Good luck!
 

Tri-Cities

Hero Member
Aug 10, 2015
237
12
...found this in another thread, you might wanna have a look at it yourself:

You can't receive CCTB (or any other benefit -- maternal leave is the only one) while resident in a foreign country -- and CRA itself will decide if you are resident there, or in Canada, using their own calculations. In fact, before you leave Canada, you are expected to fill out a form which will let them determine this. Then, when you come back, you will have to fill out another form that determines whether you are now a resident of Canada. My wife and I didn't know about this, assumed that our PR status made us naturally residents (when we came back from 11 months in the States), and were surprised when after 10 months in Canada, CRA suddenly decided she wasn't a resident. It took us 15 months to get that decision reversed.

Increasingly Canadian agencies have access to tracking information from the border; and if they find out you've been receiving benefits while living abroad, they'll claw them back. It's not done in a hostile manner, but they are quite insistent about it; and if you don't pay, they will simply make them up from UCCB, tax refunds, other benefits, etc. The definition for 'living abroad' seems to be ~3 months.


http://www.canadavisa.com/canada-immigration-discussion-board/maternity-leave-outside-of-canada-ei-cctb-pr-renewal-t276555.0.html
 

foodie69

VIP Member
Dec 18, 2015
3,356
1,039
Jasonchang said:
My wife is PR too, for some reason she may have to give birth outside of Canada.
I'm working full-time in Ontario, am I still eligible for maternity leave and EI?

Thanks in advance.
Tell her to give birth in Canada..problem solved.