You can't sponsor your selfydnarebeb said:
Start here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp and follow appropriate links.temporary foreign worker gets pregnant
- Thread starter gicasherry
- Start date
Start here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp and follow appropriate links.Hi! Just want to ask, does that applies all in the state of Canada?or only in other part?'cos I am here in montreal, quebec. I know Quebec has its different way of policies,government etc.,something like that.So would there be a possible way that a pregnant FTW will be deported from Montreal,Canada?angelbrat said:
In all of Canada, you may stay until your work permit expires, even though you are not working. If you have worked enough hours, think it's about 4 months, you can claim maternity benefits. Once your work permit is about to expire, you can apply to change your status to visitor. If you state that your boyfriend is getting ready to apply for your sponsorship, such a change is likely to be approved. That will buy you another 6 months or so but you better then apply for sponsorship during that time because if you apply for a visit visa extension again based on the same thing and haven't applied for sponsorship yet, they might say no to the 2nd extension.
Hi,
As a temporary work permit holder you are most likely to be covered by health care. If so, the costs of follow-ups and delivery is paid by healthcare and you have no obligation on your side. Your child is going to be a Canadian citizen by birth, but for you it does not give any benefits automatically. You can be qualified for EI maternity benefits if you worked minimum 600 hours in the last 52 weeks. You have to obtain ROE from your employer to apply. You are entiteled for 15 weeks of maternity benefits from which 8 weeks can be before your expected due date and 35 weeks of parental benefits. Beside getting your parental benefits you can work up to certain amount per week without any deduction from your benefits. See further information about EI on this website:
http://www.servicecanada.gc.ca/eng/ei/types/special.shtml
You can stay in Canada until your work permit expires, if you leave the country before you can still receive the parental benefits until the expiry. You cannot receive any financial assistance or health care coverage if you are on visitor visa.
If you submit a pr application in the meanwhile, before your permit expires in family category- common-law/ spouse and you submit an open work permit application with an inland application you will be on implied status. It depends on the province you live in whether you can keep your health covergage or not, however you will not receive any benefits.
I`m not familiar with QC rules but one thing is sure- you cannot be deported only because you are pregnant until your permit is valid. Nor your employer can lay you off- the laws are protecting pregnant women against lay-offs based on the fact they are pregnant.
Child benefits are different then maternity benefits. As a foreigner you qualify for this if you worked 18 month before your claim. You can receive a governmental child care benefit and a provincial which differs at each provinces.
Platiwins- If you are looking for a marriage partner for immigration purposes you are commiting fraud which is a crime. You should not even ask a question like you did on a public forum. One good advice- do not think about this option- the immigration rules becomes stricter by this year and there will be a deeper screening to detect fraudsters.
As a temporary work permit holder you are most likely to be covered by health care. If so, the costs of follow-ups and delivery is paid by healthcare and you have no obligation on your side. Your child is going to be a Canadian citizen by birth, but for you it does not give any benefits automatically. You can be qualified for EI maternity benefits if you worked minimum 600 hours in the last 52 weeks. You have to obtain ROE from your employer to apply. You are entiteled for 15 weeks of maternity benefits from which 8 weeks can be before your expected due date and 35 weeks of parental benefits. Beside getting your parental benefits you can work up to certain amount per week without any deduction from your benefits. See further information about EI on this website:
http://www.servicecanada.gc.ca/eng/ei/types/special.shtml
You can stay in Canada until your work permit expires, if you leave the country before you can still receive the parental benefits until the expiry. You cannot receive any financial assistance or health care coverage if you are on visitor visa.
If you submit a pr application in the meanwhile, before your permit expires in family category- common-law/ spouse and you submit an open work permit application with an inland application you will be on implied status. It depends on the province you live in whether you can keep your health covergage or not, however you will not receive any benefits.
I`m not familiar with QC rules but one thing is sure- you cannot be deported only because you are pregnant until your permit is valid. Nor your employer can lay you off- the laws are protecting pregnant women against lay-offs based on the fact they are pregnant.
Child benefits are different then maternity benefits. As a foreigner you qualify for this if you worked 18 month before your claim. You can receive a governmental child care benefit and a provincial which differs at each provinces.
Platiwins- If you are looking for a marriage partner for immigration purposes you are commiting fraud which is a crime. You should not even ask a question like you did on a public forum. One good advice- do not think about this option- the immigration rules becomes stricter by this year and there will be a deeper screening to detect fraudsters.
Hello,
Hope someone can help us.
(re: Pregnant and afraid of losing job, being deported, expiry and denial of permit)
Details: I am a Canadian citizen, and my girlfriend is on a work permit ('temporary foreign worker'), which expires in a couple of months (February). She has applied for an extension, which is currently in process. We recently learned (very happliy !!) that we are having a baby ! The expected birth day (obviously) will be after the expiry of her initial work permit. To date, she has been working in Canada for 10 months. The extension application was, of course, filed before we knew we were pregnant.
Q: Will her pregnancy affect the extension work permit ? i.e. will the extension be denied because she is pregnant ?
Q: If she applies for maternity leave, will her permit extension be denied ?
Q: To confirm, can her employer cancel her current permit - or extension permit - because she is pregnant ?
Q: Can she be fired for being pregnant ? (I imagine not)
Q: If the employer fires her, will her extension permit be denied ?
Q: If the employer fires her, will her current permit be cancelled, meaning she would have to leave ?
I guess the overall concern is that she will be asked to leave Canada because her current permit will expire without her actively working (either due to being fired or being on maternity leave). Another worry is that her current job has her working in a very hot environment (kitchen) which can have serious and adverse consequences on the health of our baby. We are worried her employer will be angered that she can't cook on a hot service line, and will refuse to delegate tasks condusive to a pregnant state (like prep work, waitressing and cleaning), therefore 'finding' a reason to fire her.
Thanks in advance for any advice or direction you can offer.
Hope someone can help us.
(re: Pregnant and afraid of losing job, being deported, expiry and denial of permit)
Details: I am a Canadian citizen, and my girlfriend is on a work permit ('temporary foreign worker'), which expires in a couple of months (February). She has applied for an extension, which is currently in process. We recently learned (very happliy !!) that we are having a baby ! The expected birth day (obviously) will be after the expiry of her initial work permit. To date, she has been working in Canada for 10 months. The extension application was, of course, filed before we knew we were pregnant.
Q: Will her pregnancy affect the extension work permit ? i.e. will the extension be denied because she is pregnant ?
Q: If she applies for maternity leave, will her permit extension be denied ?
Q: To confirm, can her employer cancel her current permit - or extension permit - because she is pregnant ?
Q: Can she be fired for being pregnant ? (I imagine not)
Q: If the employer fires her, will her extension permit be denied ?
Q: If the employer fires her, will her current permit be cancelled, meaning she would have to leave ?
I guess the overall concern is that she will be asked to leave Canada because her current permit will expire without her actively working (either due to being fired or being on maternity leave). Another worry is that her current job has her working in a very hot environment (kitchen) which can have serious and adverse consequences on the health of our baby. We are worried her employer will be angered that she can't cook on a hot service line, and will refuse to delegate tasks condusive to a pregnant state (like prep work, waitressing and cleaning), therefore 'finding' a reason to fire her.
Thanks in advance for any advice or direction you can offer.
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?XavierLaurente said:
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.XavierLaurente said:
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.XavierLaurente said:
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.XavierLaurente said:
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.XavierLaurente said:
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.XavierLaurente said:
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.
Best case, her work permit gets extended and she can take her mat. leave and keep her health care. However, you should think about marrying the girl so you can sponsor her for PR.
Hi Leon ! Thanks very much ! I have some responses for you:
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 !
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.
Is there nothing we can do ? I will look into the 'visitor' status ...
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) !
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.Leon said:
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 !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.
Thanks, yup. Googled that while I was away.
Or, I guess, unless she can find another job a.s.a.p. (before her current permit expires). Ok, understood.
Ok, good. Phew !
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. 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 ... 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) ! Well, I kind of assumed that you were interested in keeping her in the country which probably means that you are in love with her which is why I suggested marriage
Where do you get that she must have worked 52 weeks to be able to get mat. leave? Isn't it just a minimum number of hours amounting to something like 4 to 6 months over the last year? Ask EI about this. Also look up the foreign workers hotline. It's a servive from the labour board to help temporary foreign workers who are being abused by their employers. They can tell you exactly what her rights are. You can also phone immigration and ask them.
Does she have a written contract with the employer for another year? Maybe he can not legally fire her for being pregnant but it is possible that he can stop the extension application all the same and let her contract end in February. If she finds another job asap and gets a new LMO and a work permit for that, she could stay but she might have a problem getting another job while she is pregnant.
The woman in Alberta who had the story of changing to visit visa posted that on this forum some time ago. You can use the search but it seems to me that I usually never find what I am looking for on there. She was in a similar situation, Canadian boyfriend, expiring work permit etc. and she was told that she could change her status to visitor, still receive EI and still keep her health care. I do not know if that turned out to be true or worked out because I have not seen her again but talk to EI, Service Canada and AB health about your options here.
Where do you get that she must have worked 52 weeks to be able to get mat. leave? Isn't it just a minimum number of hours amounting to something like 4 to 6 months over the last year? Ask EI about this. Also look up the foreign workers hotline. It's a servive from the labour board to help temporary foreign workers who are being abused by their employers. They can tell you exactly what her rights are. You can also phone immigration and ask them.
Does she have a written contract with the employer for another year? Maybe he can not legally fire her for being pregnant but it is possible that he can stop the extension application all the same and let her contract end in February. If she finds another job asap and gets a new LMO and a work permit for that, she could stay but she might have a problem getting another job while she is pregnant.
The woman in Alberta who had the story of changing to visit visa posted that on this forum some time ago. You can use the search but it seems to me that I usually never find what I am looking for on there. She was in a similar situation, Canadian boyfriend, expiring work permit etc. and she was told that she could change her status to visitor, still receive EI and still keep her health care. I do not know if that turned out to be true or worked out because I have not seen her again but talk to EI, Service Canada and AB health about your options here.
Hi Leon !
Alberta Employment Standards Code, Div 7, sec. 45-53.1. Document is current as of Nov 2010.
"45. A pregnant employee who has been employed by an employer for at least 52 consecutive weeks is entitled to maternity leave without pay."
Thanks again for your input. Appreciated very much, Leon. Cheers.
I got it from here:Leon said:
Alberta Employment Standards Code, Div 7, sec. 45-53.1. Document is current as of Nov 2010.
"45. A pregnant employee who has been employed by an employer for at least 52 consecutive weeks is entitled to maternity leave without pay."
She (we) are so afraid to say anything because they may just deny it all, then we will be left with no job, no extension, no anything ... and the final insult of deportation at the end of her permit expiry. I looked into what to do, but we are very relunctant because of the sensitivty of the situation. It's not that I will only lose her to deportation, but that I will lose my child. Her employers are cruel enough to cause serious mental anguish. I am continuing to weigh my options on this point ....
Yes ... and no. The contract has been signed along with the extension application, but she is still waiting for the process to be completely approved. The docs have been signed and sent, but no promise of approval yet (I think a 90-day waiting period?). This is where she fears her employer will contact CIC and try to have her extension nullified / denied. Yes, it is my belief they are that cruel.
So, like, roll the dice by quitting, pray a new LMO and job-start goes through before her current permit expires, all the while keeping her pregnancy a quiet, personal matter ? Sounds too risky.
That might work, yes. The only worry I have is that visitor status would nullify any benefits (no health coverage) and there would be a new rush after 6 months to re-instate a status, but she will be well into her pregnancy by then, and impossible to get a job, i.e. no work permit will be approved. This is all seeming to be very difficult.
Thanks again for your input. Appreciated very much, Leon. Cheers.
Maternity leave from the employer then? Go to http://www.servicecanada.gc.ca/eng/ei/types/special.shtml#Who and read about the qualifying period. EI has nothing to do with the employment standards.XavierLaurente said:
You are afraid to phone these agencies to ask? You don't even have to give your name or say where she works. You can give the situation and they tell you what rights she has and what she can do.XavierLaurente said:
At the moment, she is very far from being deported. There are loads of options. 1. Her work permit gets extended as planned, 2. She finds another job and gets another work permit, 3. She changes her status to visitor, 4. You get married (only because you were planning to get married anyway) and then you sponsor her for PR. Actually you can also sponsor her for PR once you are living together for 12 months because then you are common law.
If you are working on sponsorship, it would be very unlikely that a change to visit status would be refused. You can't just keep extending 6 months at a time always saying that you are working on sponsorship. You can use it the first time but the 2nd time you ask to extend, you should have applied for it already.
IMO wait to see if her work permit gets extended. If it does, there is nothing that the employer can do to her any more.
hi I'm just new in this forum, I am a resident in Canada and my husband cheated on me, in short he is now leaving with a girl who has a working permit status and expired on August 2012, she is now pregnant for a month or two, is there a way that she might extend her stay here in canada? PLEASE HELP