Temporary worker and Unemployment insurance

[eightbelles]

Hi ,
My bf who is a u.s citizen is living with me for the past 2 years in canada and he has been here working with work permits ( closed) His work permit expired in may and his employer talked with someone in charge of the lmo's and they stated that they had to do another lmo in order to renew his work permit. We'll the employer couldn't wait for the lmo and hired someone else they still left the lmo in case they need him back to fill in a day here and vacatons. We'll that doesn't pay the bills. So we applied for ei and they said he was rejected because his work permit expired. That to me seems wrong that he should pay into something for the past 2 years and not be able to get it while looking for other work , so far he has 3 companies applying for lmo's for him. Just because his work permit expired doesn't mean hes unable to work , all it would be is the employer going through with a lmo and then him getting another work permit...do we have a leg to stand on ?

 

[PMM]

Hi

Hi ,
My bf who is a u.s citizen is living with me for the past 2 years in canada and he has been here working with work permits ( closed) His work permit expired in may and his employer talked with someone in charge of the lmo's and they stated that they had to do another lmo in order to renew his work permit. We'll the employer couldn't wait for the lmo and hired someone else they still left the lmo in case they need him back to fill in a day here and vacatons. We'll that doesn't pay the bills. So we applied for ei and they said he was rejected because his work permit expired. That to me seems wrong that he should pay into something for the past 2 years and not be able to get it while looking for other work , so far he has 3 companies applying for lmo's for him. Just because his work permit expired doesn't mean hes unable to work , all it would be is the employer going through with a lmo and then him getting another work permit...do we have a leg to stand on ?

Not much of one, since his work permit expired, it would appear that he no longer has any status in Canada.

 

[Leon]

Hi ,
My bf who is a u.s citizen is living with me for the past 2 years in canada and he has been here working with work permits ( closed) His work permit expired in may and his employer talked with someone in charge of the lmo's and they stated that they had to do another lmo in order to renew his work permit. We'll the employer couldn't wait for the lmo and hired someone else they still left the lmo in case they need him back to fill in a day here and vacatons. We'll that doesn't pay the bills. So we applied for ei and they said he was rejected because his work permit expired. That to me seems wrong that he should pay into something for the past 2 years and not be able to get it while looking for other work , so far he has 3 companies applying for lmo's for him. Just because his work permit expired doesn't mean hes unable to work , all it would be is the employer going through with a lmo and then him getting another work permit...do we have a leg to stand on ?

If his permit is expired and he has not applied for a new permit or applied to change his status to visitor, he is currently out of status and should go home before he gets deported. I know he is waiting for 3 LMO's but if none of them work out and he thinks he'll just stay a little longer, the next one will work out and before you know it, immigration catches up with him, deports him and bans him from Canada for a couple of years, that would not be very nice for either of you.

If he wants to buy time, he should apply to restore his status and change to visitor. It will cost you some money but the processing time is 2-3 months so until they tell him no, he is under implied status and can stay.

If one of his LMO's comes through in the meantime, he can flagpole at the border and get his work permit right away or if he's already left, you mail him the LMO and he applies for his permit as he enters again.

If you are a Canadian citizen or a PR and you want him to be able to stay in Canada, you should consider sponsoring him for PR.

 

[eightbelles]

HI ,
Thank you for the posts , he did get his work permit for another job for 2 years , he just got it. He doesn't need a visitor visa to remain in canada since he is a u.s citizen . Would he still be able to appeal the ei decision? He was under implied status from the previous employers waiting for the LMO . So he did have implied status. They said he wasn't able to work in canada because his work permit expired , we'll he can work if an employer hires him and gets a lmo so why do they say he can't?

 

[Leon]

He can try writing a letter to EI and complaining about it but it is very common for them to deny temporary workers because if a PR or a citizen is on EI and a job comes along, they have to take it right away but your husband could sit back and say oh, but I need an LMO and a work permit which can take months so the employer wont take him and he can sit back and enjoy EI until his entitlement runs out. I can see why EI doesn't think that is fair to PR's and citizens but of course it is also not fair that TFW's have to pay the same amount to EI as everybody else without enjoying all of the benefits.

Your husband is only under implied status if he had already applied for a new work permit before the first one expired and in any case, implied status would not give him any points for EI because even implied status would not allow him to take any job that comes along because he is still tied to one employer.