Employment Insurance

[skr 0]

To be honest I couldn't tell you for sure if they truly understand the ins and outs of how Visa's work, all they are really interested in is the reason you quit and if you are ready willing and capable of working.. When someone leaves Canada for the states and requests EI it's called an Interstate Claim... As you know there will be an investigation conducted like in all EI claims when someone declares Quit as reason of separations.. They will allow you to provide the reason why you quit ie: Moving to follow spouse... and then they will want you to provide proof that you are available and capable of working.. They won't be able to pay you any benefits until this can be proven.. I don't work with interstate claims .. so I can't really go into too much detail... but I can tell you that as long as there are no other issues you should be eligible to receive benefits ... OOh and apply ASAP .. even though most of us are not eligible to work in the states right away.. I would suggest applying for EI as soon as you've served your last day of work... I know I will... and don't forget to submit you ROE if your employer doesn't complete them electronically... If you are having a hard time getting the ROE call EI and request to complete a missing ROE form... or if it is taking your employer more than 1-2 weeks to provide it to you by paper or to EI electronically call and request a missing ROE form as well!!!

I'm initially taking a leave of absence. Can I apply for EI?

Thanks

[CourtneyRox 25]

I'm initially taking a leave of absence. Can I apply for EI?

Thanks

Well, As a Citizen Service Officer for EI I can't tell you that you won't qualify for EI. You have to apply and allow a Processing agent determine your eligibility ... but.. with my experience I would say no you may not qualify because there is not a complete separation from your employer.. However keep in mind that I would highly recommend that you apply as soon as you served your last day of work and try to write as much detail as possible in your application... if it doesn't give you the option to write in the details or if there isn't enough room ... Please call us and allow us to send the information to the processing agent for you...

[kdlangfan 1]

I thought others might find this link as helpful as I do:

www.servicecanada.gc.ca/eng/ei/information/outside_canada.shtml

It's the link for Service Canada's website for collecting EI if you are outside of Canada.....FAQ's, phone numbers, addresses, who qualifies, etc.

Edited September 9, 2011 by kdlangfan

[CourtneyRox 25]

I'm initially taking a leave of absence. Can I apply for EI?

Thanks

Oh and keep in mind too that they can only use the hours that you have accumulated in the last 52 weeks... so if you take a leave of absence and they don't approve your claim until there is a complete separation .. you might loss out on some of those hours you've accumulated.... For example: Lets say your last day of work is July 1 2011, we would normally go back one year from that date so July 1 2011 going back to July 1, 2010 .. ok... but if you take a leave of absence and they don't approve your claim until there is a complete separation... which let say the complete separation occurs November 1 2011, then we would only be able to use the hours you have accumulated from November 1, 2011 going back to November 1, 2010.... so essentially you would be missing out on the hours accumulated from July 1, 2010 to November 1, 2010..

[CanuckGurl 3]

Hi Paul and Jenni,

Just a heads up - "If you are residing in the United States and claiming regular benefits you must be available and actively seeking work and, most importantly, you must provide proof that you are legally authorized to work in the United States." (source: http://www.servicecanada.gc.ca/eng/ei/information/outside_canada.shtml#file )

I would also strongly recommend Jenni to contact EI and have them withhold extra tax - I don't know how many people have been unhappily surprised because they get dinged on their tax return because of EI not withholding any/enough tax. I've seen many a slip where someone paid less than 1% tax on their EI and had to make up the rest with the tax withheld from their employment (so instead of a nice big refund they have a balance due or a very small return). The minimum a person pays federally, nevermind the provincial taxes, is 15%, so that is ALOT of tax money to make up if you aren't aware of it beforehand.

Best of luck with her claim!

[Paul H 4]

Hi Paul and Jenni,

Just a heads up - "If you are residing in the United States and claiming regular benefits you must be available and actively seeking work and, most importantly, you must provide proof that you are legally authorized to work in the United States." (source: http://www.servicecanada.gc.ca/eng/ei/information/outside_canada.shtml#file )

I would also strongly recommend Jenni to contact EI and have them withhold extra tax - I don't know how many people have been unhappily surprised because they get dinged on their tax return because of EI not withholding any/enough tax. I've seen many a slip where someone paid less than 1% tax on their EI and had to make up the rest with the tax withheld from their employment (so instead of a nice big refund they have a balance due or a very small return). The minimum a person pays federally, nevermind the provincial taxes, is 15%, so that is ALOT of tax money to make up if you aren't aware of it beforehand.

Best of luck with her claim!

Hi CanuckGurl,

Thanks for the heads up and the tip!

[CourtneyRox 25]

Hi CanuckGurl,

Thanks for the heads up and the tip!

Also if you make over $54,000 then you may have to pay back 30% of whatever EI has paid you!

[CourtneyRox 25]

Hi Paul and Jenni,

Just a heads up - "If you are residing in the United States and claiming regular benefits you must be available and actively seeking work and, most importantly, you must provide proof that you are legally authorized to work in the United States." (source: http://www.servicecanada.gc.ca/eng/ei/information/outside_canada.shtml#file )

I would also strongly recommend Jenni to contact EI and have them withhold extra tax - I don't know how many people have been unhappily surprised because they get dinged on their tax return because of EI not withholding any/enough tax. I've seen many a slip where someone paid less than 1% tax on their EI and had to make up the rest with the tax withheld from their employment (so instead of a nice big refund they have a balance due or a very small return). The minimum a person pays federally, nevermind the provincial taxes, is 15%, so that is ALOT of tax money to make up if you aren't aware of it beforehand.

Best of luck with her claim!

You are so right... you have the option of choosing what tax rate you would like to have deducted when you are completing your application.. Basic or Basic and Spouse.. the least amount of tax would be taken with Basic and Spouse so my recommendation would be to choose Basic if you want to make sure enough taxes are deducted... If your Benefit Rate is $250 or less per week not a lot of tax is taken so you may want to opt for the Maximum tax rate deduction by calling EI to have it changed .. unfortunately they don't give you the Maximum tax rate deduction as an option when competing your application but a Citizen Service Officer can change it for you and tell you what you can expect your net amount to be...

[CanuckGurl 3]

Also if you make over $54,000 then you may have to pay back 30% of whatever EI has paid you!

Very true - your net income being over $54,000 will trigger a clawback of 30% of your EI on the income over that mark, unless it's your first time ever collecting EI, then the 30% repayment rate doesn't apply.

[Udella&Wiz 325]

Hi Paul and Jenni,

Just a heads up - "If you are residing in the United States and claiming regular benefits you must be available and actively seeking work and, most importantly, you must provide proof that you are legally authorized to work in the United States." (source: http://www.servicecanada.gc.ca/eng/ei/information/outside_canada.shtml#file )

I would also strongly recommend Jenni to contact EI and have them withhold extra tax - I don't know how many people have been unhappily surprised because they get dinged on their tax return because of EI not withholding any/enough tax. I've seen many a slip where someone paid less than 1% tax on their EI and had to make up the rest with the tax withheld from their employment (so instead of a nice big refund they have a balance due or a very small return). The minimum a person pays federally, nevermind the provincial taxes, is 15%, so that is ALOT of tax money to make up if you aren't aware of it beforehand.

Best of luck with her claim!

Are you sure about this? Do they not still take 25%? They did with mine right off the top so I had no problems with my last tax return

[CourtneyRox 25]

Are you sure about this? Do they not still take 25%? They did with mine right off the top so I had no problems with my last tax return

Well it really depends on what your benefit rate is and whether or not you chose basic or basic and spouse as your tax rate deduction...

[Colleens 40]

I think it is a completly different ball game with tax rates when it comes to an interstate claim. I know that they took a 25% flat rate withholding tax from my claim (I just finished with it at the end of June). If you have a Service Canada location near you it might be worth stopping in and clarifying this for yourself.

When you get to the US and apply for AOS (for a K1) I would suggest starting a basic job search (putting resume up on Monster, sending in a few resumes, etc) about a month after you apply for AOS. I had a very long wait to get my AOS biometric appointment. My EAD had been approved in August, but they had to wait on my Biometrics (which I didn't get an appt for until the end of Sept). I finally recieved my EAD card mid-Oct. Had I started a job search earlier I would have been able to get EI payment retroactive to the August date printed on my EAD card (that would have given me about 8 weeks of retro pay).

Not saying that this will happen to you, but I would have loved to get 8 weeks of back pay had I known to start my job search early.

[CourtneyRox 25]

I think it is a completly different ball game with tax rates when it comes to an interstate claim. I know that they took a 25% flat rate withholding tax from my claim (I just finished with it at the end of June). If you have a Service Canada location near you it might be worth stopping in and clarifying this for yourself.

When you get to the US and apply for AOS (for a K1) I would suggest starting a basic job search (putting resume up on Monster, sending in a few resumes, etc) about a month after you apply for AOS. I had a very long wait to get my AOS biometric appointment. My EAD had been approved in August, but they had to wait on my Biometrics (which I didn't get an appt for until the end of Sept). I finally recieved my EAD card mid-Oct. Had I started a job search earlier I would have been able to get EI payment retroactive to the August date printed on my EAD card (that would have given me about 8 weeks of retro pay).

Not saying that this will happen to you, but I would have loved to get 8 weeks of back pay had I known to start my job search early.

I would have to agree, it sounds like maybe the tax deduction may be different with interstate claims... so you may want to speak with an interstate agent once you have your claim set up...

[CanuckGurl 3]

...I think it is a completly different ball game with tax rates when it comes to an interstate claim. ...

Very true! There are plenty of times when EI withholds enough income tax from a person's claim - but quite a high percentage of people last year had little to no tax withheld on their claims. I can't speak for why this happened, only that it did, and to ensure you don't get caught by surprise as so many Canadian taxpayers did last year, get extra tax withheld when making your claim. I've always found it's alot easier to do without the extra income throughout the year then to have to fork over additional money at the end.

From my understanding of how EI works, unless they know otherwise, they look at the EI income as the only income for the year for taxation. For example, if you were on EI and that was your only income for the year, and you collected $10,000 and had $500 tax withheld you would be fine, in fact you would get a refund. If however you collected $10,000 during part of the year and the other part of the year you worked and made $50,000 - then having only $500 tax withheld is not going to be enough, you are going to have to make up those unpaid tax dollars out of the rest of the tax you paid on wages, and you might even have a balance due. (This holds true for Canadian tax law - for information on your US tax I suggest you contact a professional about your individual state law, keeping in mind the year your move to the US you (most likely) will be a Dual Status Alien with special rules applying.)

I can't speak for everyone's situation, just in general, as each person's tax situation is unique to themselves.

I hope that EI is automatically withholding extra funds when a person is making an application from the US - will save everyone so much heartache and hassle at tax time.

Good luck with your claim(s)!

[kaibosh 3]

To be honest I couldn't tell you for sure if they truly understand the ins and outs of how Visa's work, all they are really interested in is the reason you quit and if you are ready willing and capable of working.. When someone leaves Canada for the states and requests EI it's called an Interstate Claim... As you know there will be an investigation conducted like in all EI claims when someone declares Quit as reason of separations.. They will allow you to provide the reason why you quit ie: Moving to follow spouse... and then they will want you to provide proof that you are available and capable of working.. They won't be able to pay you any benefits until this can be proven.. I don't work with interstate claims .. so I can't really go into too much detail... but I can tell you that as long as there are no other issues you should be eligible to receive benefits ... OOh and apply ASAP .. even though most of us are not eligible to work in the states right away.. I would suggest applying for EI as soon as you've served your last day of work... I know I will... and don't forget to submit you ROE if your employer doesn't complete them electronically... If you are having a hard time getting the ROE call EI and request to complete a missing ROE form... or if it is taking your employer more than 1-2 weeks to provide it to you by paper or to EI electronically call and request a missing ROE form as well!!!

I read in the other Canadian EI thread that it is best to wait until you actually enter the states to apply, reason being if you apply in canada and then move to the states it has to get sent to the interstate claims dept which could take longer?? Any truth to this?