Canada EI HELP

[dutchmatt 1]

HI,

I moved to the US in November and enrolled in EI. I have been sending cards back and I am completely up to date. I recently received my EAD and thought that my EI payments would be back dated to when I arrived in the US. She told me that they will only pay out from the start date on my EAD and not from when in enrolled in EI. So it seems as if I will only get paid weekly starting now and get nothing for the 3 months I wasn't able to work. Can someone clarify for me?

[minnew 4]

Yes that is true, they will only backdate it to the day that you got your EAD. Before that date you were not legally allowed to work, therefore no EI payments. I started receiving EI middle of January after my EAD & GC were approved. I received a 2 week cheque my first payment and thats how furthur payments are alloted as well.

[HeatDeath 430]

Same thing happened to me:

• -I arrived here on July 12.
  -My school employment contract technically ended July 30 (even though July is part of summer holidays).
  -I applied for EI in very early August.
  -Got married September 12.
  -Mailed off AOS on September 23.
  -Got EAD in late November.
  -Played phone tag with the EI office for a month to figure out exactly what I was supposed to do, and finally got my EAD and RoE (which I thought they had already from my workplace directly) sent to them in early-mid January.
  

They approved me for 56 weeks of benefits, back dated to 2 weeks after I got my EAD (some kind of necessary waiting period) - early December. So I got a nice lump sum for the 6 weeks between the end of the two week waiting period and mid January, and since then they've been depositing money whenever they get my cards.

They sent me a letter stating that I couldn't get any money before my EAD was valid, with instructions on how to appeal that decision, but I don't see any grounds for doing so - that's just what their rules are.

Edited March 8, 2010 by HeatDeath

[Flames9_RN 358]

Yep, like the others stated, one has to be LEGALLY able to work, and with the k1,k3, ur not until u get the EAD. Cr-1/IR-1, are legally able to work from the start, thus they can claim EI right from the get-go!!

[HeatDeath 430]

It's tricky, because there is one place where K-1 holders are required to pretend that they are eligible to work, and that is the US Social Security Administration office.

When a K-1 holder applies for a social security card, they are, by the SSA's internal classifications, "eligible to work without specific DHS approval". The SSA is the only organization on the planet that believes that K-1 holders are work authorized, and that is only because until recently, some states required a SSC in order to get married, so K-1 holders needed to be able to get an SSC to fulfill the conditions of the K-1 visa, and you couldn't [by prior SSA regulations] get a SSC unless you were work authorized.

Apparently, up until about a year ago, the Canadian EI Out-of-Country Claims Unit was fuzzy on whether or not K-1 holders were work authorized, and favored the SSA's interpretation. This has not been the case for at least a year. Canadian EI now holds, consistently with the USCIS, that K-1 holders are not work authorized until they have an EAD card in their hands.

Sucks when government offices actually coordinate, huh? :\

Even more changes are in the pipeline, too. A recent Supreme Court decision finally abolished the rule that a state could require someone to have a SSC to get married. So the entire rationale for K-1 holders to even be able to get SSCs prior to the arrival of the EAD has vanished. Sooner or later they'll clean up the regulations, and K-1 holders will have to wait until we have EADs in order to get SSCs.

Edited March 8, 2010 by HeatDeath

[Texanadian 10]

56 weeks of benefits??? When I did it, the max was 36 weeks.

[HeatDeath 430]

56 weeks of benefits??? When I did it, the max was 36 weeks.

Everyone keeps saying that, but that's what the piece of paper said. <Shrug>

Maybe it's some kind of bonus related to how long I'd held the job or how much I was paid?

I dunno.

Edited March 9, 2010 by HeatDeath

[SapphireDreams 71]

Everyone keeps saying that, but that's what the piece of paper said. <Shrug>

Maybe it's some kind of bonus related to how long I'd held the job or how much I was paid?

I dunno.

I was approved for 42 weeks, so I think it varies.

[zenaxe 22]

I was approved for 42 weeks, so I think it varies.

Interesting, I'll have to call Service Canada to inquire as I'll also be on this path months down the road when I'm ready to make the big move. My understanding is that, at least in my case, I would qualify for max benefitsand thought it may have been about 42 weeks,not sure however.

A few questions:

Do they take a 20% non resident charge out of your money?

Is it done by cheque or simply direct deposit? Then of course there's the exchange on the dollar.

When is the best time to apply? Just before or after you immigrate?

Thx

[minnew 4]

Interesting, I'll have to call Service Canada to inquire as I'll also be on this path months down the road when I'm ready to make the big move. My understanding is that, at least in my case, I would qualify for max benefitsand thought it may have been about 42 weeks,not sure however.

A few questions:

Do they take a 20% non resident charge out of your money?

Is it done by cheque or simply direct deposit? Then of course there's the exchange on the dollar.

When is the best time to apply? Just before or after you immigrate?

Thx

They automatically deduct 25% NR tax so it reduces your weekly amount eligible. It is done by direct deposit to a Canadian financial institution. The best time apply is right after you immigrate. The number of days eligible for EI starts counting down based on your last day of work and when you immigrate. When you apply for EI your claim will go to the Interstate Claims Unit (Out of Canada) completely separate than canadian residents on EI, will be less confusing to apply the day AFTER you immigrate. You will need a copy of your visa, I-94 and ROE.

Edited March 9, 2010 by minnew

[Dan and Ali 3]

56 weeks of benefits??? When I did it, the max was 36 weeks.

Long tenured worker initiative. You have to meet certain conditions to qualify for this ... if you do, it is automatically applied to your claim If you don't ... too bad for you! ;D

Read more here:

http://www.servicecanada.gc.ca/eng/goc/ltw/index.shtml

[HeatDeath 430]

Long tenured worker initiative. You have to meet certain conditions to qualify for this ... if you do, it is automatically applied to your claim If you don't ... too bad for you! ;D

Read more here:

http://www.servicecanada.gc.ca/eng/goc/ltw/index.shtml

Well, that explains that. Thanks. I had no idea. They ain't told me nuthin' about nuthin' since I applied. They just keep sending me cards and blank statements, and depositing money every so often.

The extended benefits are nice, but hopefully won't be applicable. I've got a job interview tomorrow! Wish me luck!

[zenaxe 22]

Long tenured worker initiative. You have to meet certain conditions to qualify for this ... if you do, it is automatically applied to your claim If you don't ... too bad for you! ;D

Read more here:

http://www.servicecanada.gc.ca/eng/goc/ltw/index.shtml

I definitely qualify!!!

[zenaxe 22]

They automatically deduct 25% NR tax so it reduces your weekly amount eligible. It is done by direct deposit to a Canadian financial institution. The best time apply is right after you immigrate. The number of days eligible for EI starts counting down based on your last day of work and when you immigrate. When you apply for EI your claim will go to the Interstate Claims Unit (Out of Canada) completely separate than canadian residents on EI, will be less confusing to apply the day AFTER you immigrate. You will need a copy of your visa, I-94 and ROE.

Thanks Minnew. Hmm might hard to get money back and forth from a Canadian institution after immigration.. Wonder if EI may be best sent via cheque to the US address? I like direct deposit best but I think it might pose a challenge to have this deposited to a Canadian bank then having it wired to me in the USA.

[HeatDeath 430]

Thanks Minnew. Hmm might hard to get money back and forth from a Canadian institution after immigration.. Wonder if EI may be best sent via cheque to the US address? I like direct deposit best but I think it might pose a challenge to have this deposited to a Canadian bank then having it wired to me in the USA.

If you still have a Canadian bank account open, then you only need to know one web site for transferring money to an American account:

http://www.customhouse.ca

A lot of people in the Canada subforum here use it and recommend it. I've used it extensively. Just like Paypal, but with much better rates, and amazing customer service.

Edited March 9, 2010 by HeatDeath