Hi Leon ! Thanks very much ! I have some responses for you:
Leon said:
If they don't think she is likely to be able to do that job, that might be an issue. You said you just found out that she is pregnant though and she has already applied to extend. Why would she tell them she is pregnant at this point?
On the first point (job ability), I see what you mean, thanks. From what I understand of maternity leave she would have job protection ... which is an assumption on my part (probably not a good thing to assume) because I don't know how the leave would apply to a foreign worker vis a vis permit extensions. It's a Catch-22, and I would hate to assume all will be ok, then poof, CIC shows up to deport her. On the second point (why tell?), well, her's and the baby's health is an issue, so at least informing them of her pregnancy would result in modified duties. I would rather see her and our baby-to-be healthy than playing against paperwork issues. In the end, their lives are much more important to me.
Again, she is not about to apply for maternity leave right now if she just found out she is pregnant. You can't even apply until a bit closer to the birth.
Yes, yes ! I was off googling when you replied.
I found that it is required to be filed 6 weeks prior to expected leave date, with the end of the 6 week period falling within a 15 week pre-birth window. That's 31 weeks at the most. And I found another clog: She is not eligible for maternity leave (which includes job security) because she has not yet worked for 52 weeks. She has only been here for about 10 months. That would mean she would only be eligible for maternity leave the very moment her work permit expires. One solution might be to inform her employer of the pregnancy to receive modified duties (by Alberta Human Rights law), keep working until her expiry date, then apply for official maternity leave. BUT ! Her employer would already know
a priori that she won't be actively working because of the pregnancy notice, so, they might not wish to grant an extension. But again, isn't the extension up to CIC ? Would the CIC still grant an work extension knowing she won't actually be working ? It's like granting a maternity permit, not a work permit. Egads. I am confused !
The employer can not cancel anybody's permit. He could find a reason to lay her off or fire her but he has no direct control over her work permit.
Ok, good to know. I am still worried though, because her employer (could be considered) cruel and abusive - and I unfortunatley can't talk about the details yet. I am afraid they might be vindictive enough to convince CIC to deport her / deny her extension.
I don't think so. I even think the employer is required to move her to an easier position if possible if she is too pregnant to do her current job. Talk to the labour board in your province to find out.
Thanks, yup. Googled that while I was away.
If he fires her before it gets extended then yes because they will not give her a work permit based on a non-existant job.
Or, I guess, unless she can find another job a.s.a.p. (before her current permit expires). Ok, understood.
No, she has the right to stay in Canada until her current permit (or extended permit once it has been granted) expires and look for another job.
Ok, good. Phew !
Worst case, the work permit does not get extended, she could apply to change her status to visitor and as far as some other womans experience on here, she was told that since she had earned the right to maternity leave, she could still continue to take it, even on visit status. That woman was even told she would be able to keep her health care, this was in Alberta, but that may not be the case where you live.
I see ... but am saddened that I discovered moments ago that my girlfriend does not have a legal right to maternity leave because of the 52 week minimum.
Can you help me with a link to this other case you mention ? (Yes, we are in Alberta). This all might come down to the humanity factor of her employer ... which I am afraid is not looking good right now.
Best case, her work permit gets extended and she can take her mat. leave and keep her health care.
Yes, but only if she keeps working to reach 52 weeks, i.e. the expiry date of her permit. She would have to hide the fact she is pregnant to be within tolerance of the legal permit paperwork, while jeopardizing the health of our baby.
Is there nothing we can do ? I will look into the 'visitor' status ...
However, you should think about marrying the girl so you can sponsor her for PR.
While I appreciate the goodwill intention of your suggestion (thanks, Leon), I am vehemently opposed to marrying her for the sake of residency, citizenship or anything else.
I believe that would be illegal ?We will marry because we are deeply in love, ready to build a family, and looking forward to living long and happily togther.
And she really is a wonderful person - a true princess ! (Sorry, don't mean to gush - but I am truly smitten) !