Employment Insurance?

[Brandy&Albert 0]

Hi there - my fiance and I are almost done with the K-1 process, going to POE in 2 weeks I just saw something in the forums about employment insurance and was wondering what that was all about? Is that something he needs to apply for before leaving Canada? I'm the USC, so I've never heard anything about it... His last day of work is this Friday, and we're not going to be getting married til New Year's, so AOS/EAD process is still a ways off. If anyone could give me any advice/explain how this works to me I'd appreciate it!

[The_Dude 1,142]

Seriously, there is a pinned topic, JUST about EI. Read the guides, and use the search function.

[joevegas 67]

Hi there - my fiance and I are almost done with the K-1 process, going to POE in 2 weeks I just saw something in the forums about employment insurance and was wondering what that was all about? Is that something he needs to apply for before leaving Canada? I'm the USC, so I've never heard anything about it... His last day of work is this Friday, and we're not going to be getting married til New Year's, so AOS/EAD process is still a ways off. If anyone could give me any advice/explain how this works to me I'd appreciate it!

Yup...if he quit his job in Canada to get married in the states he's intitled to collect unemployment insurance as long as he has the required number of weeks in...if you can get it,why not go for it,he can inquire about it before he gets to the USA,or after he gets here,I'd suggest he apply for his EAD because he's gonna need that and a SS number before they let him collect..

[jken 2]

Yup...if he quit his job in Canada to get married in the states he's intitled to collect unemployment insurance as long as he has the required number of weeks in...if you can get it,why not go for it,he can inquire about it before he gets to the USA,or after he gets here,I'd suggest he apply for his EAD because he's gonna need that and a SS number before they let him collect..

I have read the forums o here...however...confused about: apply for ssn and ead...i thought we did this when we filed for aos? any feed back welcome. thanks a bunche!

[joevegas 67]

that's right...apply for SSN right after you get married,Then apply for AOS..At the time when applying for AOS apply for EAD,no extra charge...you will need SSN card and EAD before you can collect unemployment insurance,because you need to be able to prove that he is allowed to work in the USA...they will put your fiance's unemployment claim on hold until he gets his EAD or green card...

Edited November 10, 2010 by joevegas

[joe_robin66 6]

You can't just quit your job, without a "valid reason", to get Employment Insurance while living in another country....in this case, the reason for leaving job, which should be on the Record of Employment should state, "Moving to the USA, or whatever country, to marry." After the EI application is sent with ROE, benefits cant be paid until you get Work Authorization from DHS, Dept Homeland Security. When you get your EI Report Cards, its good to send them in regardless if your not getting money or not as this keeps your account active. However, you can choose not to keep it active, then while your Work Auth gets approved and you get your card, you can contact EI to have them reactive your claim.

[joe_robin66 6]

...oh...and you don't have to give EI your Social Security Card...there is a list of what they request...you could give them a copy of your EAD and Drivers License or Passport.

[canadian_wife 1,824]

Also, to claim EI he has to be 'reading, willing, and able' to work in the US. This cannot be achieved until he has his EAD card which can only be applied for when you marry and file AOS - Check his company's record of employment, see what they put as the reason for leaving work. If they just put 'quit' then no, he cannot claim EI. I had my boss put that I left due to joining spouse, which IS a valid reason

Good luck

[Flames9_RN 358]

The funny thing about EI--some Cdn K1'ers were able to collect it right away without the EAD!

[Udella&Wiz 325]

that's right...apply for SSN right after you get married,Then apply for AOS..At the time when applying for AOS apply for EAD,no extra charge...you will need SSN card and EAD before you can collect unemployment insurance,because you need to be able to prove that he is allowed to work in the USA...they will put your fiance's unemployment claim on hold until he gets his EAD or green card...

Careful with misinformation with regard to Canadian unemployment (EI) - an American SSN has nothing to do getting Canadian EI - only your EAD proves you can work and as Flames says - some people are able to get EI before getting their EAD or in the period between entering and their I94 expiring sometimes...we don't have good explanations why they seem to bend the rules sometimes .

I would suggest your Cdn fiance read some of the EI thread at the top because he will be familiar with the terms used and ask some questions here, I know my US husband didn't understand everything about Cdn EI.

He needs to talk to his HR department before he leaves and ask them to put his reason for leaving as something like 'Relocating to the US for marriage" or something similar to what was mentioned above. They cannot change his ROE (Record of Employment) after they've done it so he needs to get that conversation done pronto.

As soon as he has his ROE in hand, he needs to apply and start the claim (he can do it while still in Canada or wait until the move is done)- whether they will pay him right away or not - he just needs to start the claim promptly - that's just how EI works. He can look all this up on the Canadian government site for EI.

[SapphireDreams 71]

I could be wrong because I haven't been following the board closely as of late, but I don't think anyone has collected EI without their EAD for almost 2 years now - so essentially it's no longer possible. The EI office requires the EAD in every single case now.

[joevegas 67]

Careful with misinformation with regard to Canadian unemployment (EI) - an American SSN has nothing to do getting Canadian EI - only your EAD proves you can work and as Flames says - some people are able to get EI before getting their EAD or in the period between entering and their I94 expiring sometimes...we don't have good explanations why they seem to bend the rules sometimes .

I would suggest your Cdn fiance read some of the EI thread at the top because he will be familiar with the terms used and ask some questions here, I know my US husband didn't understand everything about Cdn EI.

He needs to talk to his HR department before he leaves and ask them to put his reason for leaving as something like 'Relocating to the US for marriage" or something similar to what was mentioned above. They cannot change his ROE (Record of Employment) after they've done it so he needs to get that conversation done pronto.

As soon as he has his ROE in hand, he needs to apply and start the claim (he can do it while still in Canada or wait until the move is done)- whether they will pay him right away or not - he just needs to start the claim promptly - that's just how EI works. He can look all this up on the Canadian government site for EI.

it's not missinformation,I'm collecting EI,and one of the things I had to fax them was my SSN Along with my EAD..now thats not to say you NEED your SSN,but It's one of the things that you can send them..ALONG with your EAD...

[Colleens 40]

Another important point is that you should apply for your EI benefits within 4 weeks of leaving your job or your claim can be denied. Even if you know it is going to be several months before you can legally work. They just put your claim on hold until you have your EAD. Also I would suggest starting a basic job search about 1-2 months after applying for your EAD. My EAD was approved in Early Aug, but I didn't receive my card until late October due to a delay in my biometrics appt. If I could have shown that I was looking for work during that time (IE had a resume posted on job hunting sites and sent in a few applications here and there) they would have backdated my claim to Aug. Although I would have technically not been able to accept a job until I had my card in hand, the EI office only goes by the date printed on the card.

[joe_robin66 6]

The funny thing about EI--some Cdn K1'ers were able to collect it right away without the EAD!

I would LOVE to know how that is even possible based on the Interstate EI requirements and if they were getting EI in another country without DHS authorization to work then there is something wrong there.

[joe_robin66 6]

If they were already getting it before filing the K1, benefits not already run out, once in the country without DHS work authorization, they would have to mention this as they would be lying on their Reporting Cards that there were willing and able to look for work.